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IP Litigation

Patent Litigation

Our Intellectual Property Department attorneys have extensive experience with patent litigation on behalf of patent owners as well as alleged patent infringers. We regularly work with patent owners to develop litigation strategies to maximize returns on a cost effective basis and pursue such litigation in federal courts throughout the country. We also have represented numerous clients charged with patent infringement in avoiding unfavorable litigation results and, as appropriate, asserting various defenses, such as fraud on the Patent and Trademark Office and antitrust counterclaims, as well as assisting clients in inventing around such patents. In jury cases, our lawyers work with litigation consultants to evaluate likely jury responses and to develop effective case presentations. We have litigated patent cases involving myriad industries and technologies including automotive products, biotechnology, medical devices, fiber optics, chemicals, pharmaceuticals, sporting goods, electronics, mobile telecommunications, computers, textiles, toys, machinery and consumer goods.

Trademark Litigation

Department attorneys enjoy widespread expertise in trademark, service mark, domain name and trade dress litigation. We possess broad knowledge about survey design, investigative techniques and various other methods to prove or disprove likelihood of confusion and secondary meaning. Some of the industries in which we have handled trademark litigations are telecommunications, computers, finance, food, cosmetics, alcoholic beverages, bicycles, lighting, pharmaceuticals, musical instruments, real estate, home furnishings, insurance, hotel services, paper goods and apparel.

Patent and Trademark Office Proceedings

In addition to prosecuting patents, we have participated in patent interference, reexamination and reissue proceedings before the PTO. We counsel clients on such related matters as whether to seek a reexamination of a patent before the PTO (where party participation ordinarily is relatively limited) versus resolving patent issues through federal court litigation.

Litigation on Behalf of Copyright Owners

The firm has handled various copyright infringement actions on behalf of copyright owners. Clients for whom actions have been prosecuted include owners of such diverse works as computer software, fabric designs, toys, advertisements, music and greeting cards. For example, we prevailed before the U.S. Supreme Court in a pivotal decision within the music industry, Mills Music v. Snyder.

Litigation Defending Against Copyright Infringement Claims

We work regularly with clients to avoid possible copyright infringement and to defend against copyright infringement claims.

Assistance in Avoiding Copyright Infringement

We have helped develop and are proficient in the use of “clean room” and other techniques to facilitate new product development without undue risk of charges of copyright infringement. These techniques have been especially important in the computer software area.

Litigation on Behalf of Trade Secret Owners

We are highly skilled in prosecuting trade secret cases and possess broad experience with the expedited discovery and preliminary injunction motion practice with which trade secret litigation typically is commenced. We are adept in developing litigation strategies that will most effectively maximize a client's return of investment in its trade secrets.

Litigation Defending Against Trade Secret Claims

Our lawyers are experienced in the defense of trade secret lawsuits, especially in establishing — through discovery and expert testimony — that no trade secrets exist, and in raising various defenses or counterclaims such as violation of federal and/or state antitrust laws.

Kramer Levin's IP Litigation Practice Ranked in New York's Top Tier by U.S. News & World Report and Best Lawyers' Best Law Firms

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2013 Benchmark Litigation Names Kramer Levin to the Top Tier of New York Litigation Firms and for Appellate Experience

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