Intellectual Property Litigation

Overview

Dykema’s team of “tremendous, well prepared” (Chambers USA) litigators helps clients manage, protect and defend their invaluable intellectual property rights and assets. We boast a strong record of success in the enforcement and defense of intellectual property rights stemming from patent, trademark, licensing, internet- and technology-based infringements, as well as trade secret and unfair competition claims, false advertising, publicity rights, counterfeiting and intellectual property transfers. Our litigators are skilled in setting the groundwork for successful dispute resolution with comprehensive discovery and case preparation, encouraging active client involvement throughout the trial and appellate process.

In-depth industry, scientific and technological knowledge contributes to our successful representation of clients from diverse industries, including: electrical engineering, computer technology (hardware and software), chemical engineering, civil engineering, mechanical engineering, aeronautical engineering, pharmaceuticals, medical devices, telecommunications, automotive, chemistry, biochemistry and biotechnology. Our patent cases have protected a full array of innovative products ranging from artificial retinas to video games. Firm attorneys practice in district and appellate Federal courts and before specialized tribunals such as the International Trade Commission, the Trademark Trial and Appeal Board and the U.S. Patent and Trademark Office (USPTO).

Experience Matters

  • Represented a power distribution equipment company in a multimillion-dollar patent infringement action involving 14 asserted patents over “smart” electric power meters.
  • Obtained a record-setting jury verdict of more than $100 million in a high-stakes patent infringement case.
  • Obtained a defense verdict for a client against claims alleging misappropriation of trade secrets, breach of contract, tortious interference and conversion defeating plaintiff's claims of actual damages over $30 million, as well as a permanent injunction and punitive damages.
  • Represented a plaintiff alleging superior rights in the use of a trademark related to investments, electronic trading and financial services against related entities using the mark in similar service areas.
  • Represented a foreign OEM in defense of a luxury brand trademark.
  • Obtained at trial and preserved on appeal, in a published opinion, an injunction and $1 million damage award for trademark infringement and unfair competition in favor of machine tool manufacturer client.
  • Represented an affiliate of Citicorp in defense of a software copyright matter in which the claimant sought over $15 billion in damages. Prevailed on summary judgment finding no liability and won award of attorneys' fees, upheld on appeal.
  • Defended a television station in a copyright infringement claim arising from the use of a deceased police officer's photograph on a news program. The copyright owner's claim, which was based upon a contract to photograph all police officers and ownership of resulting photographs, was rebuffed on grounds of fair use.
  • Defeated asserted apparel design copyright infringement claims for lack of originality.
  • Obtained summary dismissal on behalf of a major television network in a copyright infringement case.

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