IP Litigation

Deep Bench of Experienced Lawyers With Technical Backgrounds

Our IP litigators have various undergraduate, graduate and advanced degrees in science and engineering. Many of our lawyers previously worked as engineers in chemical, petroleum and aerospace companies as well as in chemical and mechanical engineering firms. We also count among our ranks former patent and general counsels to software makers, universities and global multinationals; others were examiners for the U.S. Patent and Trademark Office (USPTO). Our thorough understanding of science and technology stems from experience and diverse educational backgrounds in a variety of fields, including:

• Biochemistry and molecular genetics
• Biomedical science
• Cellular, molecular and microbiology
• Civil and electrical engineering
• Neuroscience
• Organic and inorganic chemistry

Fighting to Protect Our Clients’ IP Business Assets

Clients ranging from Fortune 500 companies to mid- and small-cap enterprises and technology startups count on us at each stage of development and implementation to protect, license and enforce patents and other IP assets. We manage all phases of patent litigation, beginning with carefully orchestrated discovery through pre-litigation infringement and validity investigations. Locke Lord has represented plaintiffs and defendants in hundreds of jury and bench trials as well as in arbitrations before the International Trade Commission (ITC) and other forums.

We have helped protect IP business assets for educational institutions and companies in the biotechnology, energy, banking, airline and other transportation, manufacturing, merchandising, consumer product, software, franchising, consulting and accounting industries. We also have significant experience in representing pharmaceutical clients in Hatch-Waxman Act/ANDA disputes.

Courtroom and Boardroom Experience

Locke Lord’s trial lawyers have extensive experience in every type of IP litigation, including patents, trademarks, copyrights and unfair trade. From retail and manufacturing issues to biotechnology and entertainment cases, we provide sophisticated and active IP legal counseling. Our lawyers have secured some of the largest U.S. patent infringement damage awards in history.

The wide geographic reach of Locke Lord’s IP litigation group helps us assist clients throughout the United States and around the world. We are particularly experienced in some of the most active districts for patent litigation, including:

• Eastern District of Texas
• Western District of Texas
• Northern District of California
• District of Delaware
• Northern District of Georgia
• Eastern District of New York
• Southern District of New York

We represent plaintiffs and defendants before federal district and appellate courts across the country, the Court of Appeals for the Federal Circuit, U.S. Supreme Court and U.S. ITC. More than half of our team is admitted to practice before the USPTO. Additionally, our London colleagues are adept at navigating contentious trademark matters in the United Kingdom.

Our years and depth of experience give us a unique perspective on the variables in any litigation matter and the ability to advise our clients as to IP strategies. We work closely with clients to determine which forum offers the best environment for a case and what district has a docket that will come closest to meeting our timing needs. We review opportunities based on discovery to develop trial strategies, choose expert witnesses, anticipate the arguments of opposing counsel and, not least of all, effectively manage litigation costs.

Strategic Approach and Cost-Effectiveness

Not every dispute is resolved through negotiation, litigation or settlement. There are myriad forms of alternative dispute resolution that we employ to obtain outcomes for our clients. A course is chosen through an analysis of the facts of the matter, the contractual requirements and the forum deemed most appropriate. Our lawyers are skilled in the use of commercial arbitration, mediation and other techniques most likely to achieve desired results. We also manage litigation arising after arbitration decisions.

We have assisted domestic and international clients in resolving disputes involving patent, trademark and copyright issues. Issues commonly in dispute include patent infringement and validity, trademark infringement, copyright infringement and related licensing disputes, such as best efforts and reasonable royalty issues. Our attorneys also serve as neutrals in alternative dispute resolution forums.

We pride ourselves on efficiency and cost-effectiveness, partnering with our clients to obtain the overall best results for them. In so doing, we achieve outcomes for our clients through efficient case management and relentless focus on our clients’ goals.