dcsimg Intellectual Property

Intellectual Property

In today’s information-intensive business environment, intellectual property assets are a significant component of any company’s overall portfolio. The experienced lawyers of McGuireWoods’ national intellectual property practice help clients develop, protect and exploit commercially valuable ideas and information, including patents, copyrights, trademarks and trade secrets. As the use of social media as a business tool continues to grow, we also advise clients on advertising and sweepstakes, website audits and content review, data privacy, and licensing issues.

Our intellectual property strength is recognized by rating agencies and clients alike. For example, the chair of our intellectual property practice was recently named “Virginia Litigator of the Year” by Benchmark Litigation. In an interview about our practice with Chambers USA, one of our clients said, “They are a first-rate law firm in all respects.” Further, our partners are regularly sought after by leading industry and legal publications and media outlets such as Corporate Counsel, E-Commerce Times and TV5MONDE (a television station dedicated to the French-speaking community worldwide) for their insights on IP-related legislative, regulatory and judicial developments.

Our intellectual property practice marries the talents of the firm’s corporate and litigation lawyers. Working together and with attorneys from the firm’s core practice areas — including healthcare, labor and employment, private equity and tax, among others — we provide comprehensive, sophisticated solutions that help individuals and companies maximize returns from their creative, technological and business endeavors.

We represent clients from virtually every sector of the global economy, including retailers, merchandisers, real estate developers, manufacturers, financial institutions, healthcare providers, insurance companies, telecommunications providers, importers, computer software developers, computer hardware retailers, advertising agencies, artists, and restaurants.

The fast pace of intellectual property development and dissemination increases the likelihood of disputes — and the importance of resolving matters quickly and efficiently, before the window of maximum profitability has closed. We work with clients to identify the most effective means of addressing misappropriation, misuse and theft of IP assets, and employ a broad range of dispute resolution tools, including mediation, arbitration and settlement. When litigation is necessary, we are prepared to bring the full weight of our trial talent and firm resources to bear on behalf of our clients’ interests, whether in pursuit of claims or in defense of unsubstantiated allegations.

CONTACTS

Brian C. Riopelle Partner T: +1 804 775 1084
Janet P. Peyton Partner T: +1 804 775 1166
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Fortune 500 wireless carrier

Defense of patent litigation suit against non-practicing entity based on three internet help request patents.
Representative Matter

Lighting company

Representation of a lighting company as plaintiff in an infringement case to shut down various websites that were selling the client's products without authorization and using their trademarks in an infringing manner. Obtained a strong consent judgment being entered against defendants.
Representative Matter

World's largest pork producer and processor

Representation of the world's largest pork producer and processor in a trademark dispute with a Puerto Rican distributor over rights to its well-known brand for chicken franks. After we filed successful motions and defeated adversary’s motion regarding venue, the case resulted in a strong settlement for our client and acknowledgement of its ownership of the mark in question.
Representative Matter

Fortune 500 wireless carrier

Defense of a Fortune 500 wireless carrier against patent infringement claims allegedly relating to ringtones.
Representative Matter

Fortune 500 wireless carrier

Defense of a Fortune 500 wireless carrier in patent infringement suits brought by non-practicing entity based on twenty-six patents allegedly directed to wireless network, handset and website functionalities.
Representative Matter

National specialty retailer

Representation of national specialty retailer in a trademark dilution suit.
Representative Matter

A California-based manufacturer

Defense of a California-based manufacturer sued over its use of the trademark “Grout Shield” along with its “Miracle Sealants Company” logo on products sold through Home Depot and other distributors. The New York-based plaintiff asserted claims of trademark and trade dress infringement, false designation of origin and unfair competition under federal and New York law. After a full evidentiary hearing with live testimony, the court issued a 30-page memorandum and order denying every aspect of the relief plaintiff sought. The case then settled favorably.
Representative Matter

Global science company

Representation of a global science company in a trade secrets theft case against a South Korean manufacturing company, in which a federal judge has ordered an injunction prohibiting the defendant from producing and selling its competing product developed after trade secrets were stolen.
Representative Matter

Manufacturer and seller of sustainable building materials and furnishings

Represented a California-based manufacturer and seller of sustainable building materials and furnishings in a dispute with a Nevada-based host and promoter of trade shows in litigation over use of the mark "Livingreen." A favorable settlement was reached at the beginning of trial of the case.
Representative Matter

Private liberal arts and sciences college in Virginia

Represented a private liberal arts and sciences college in Virginia in a trademark dispute with certain disaffected alumnae.
Case Study

Brussels team successfully represents international online gambling operator in trademark infringement case

McGuireWoods recently represented an international online gambling operator in a trademark infringement case brought before the Court of First Instance of Paris by the group Pari Mutuel Urbain (PMU), which until recently had held a monopoly in France on gambling on horse racing.

Case Study

Patent team negotiates settlement for KSD Enterprises LLC

McGuireWoods patent litigators from Tysons Corner recently defended KSD in a make-or-break-the-company case. Shortly after the first depositions and expert reports, we negotiated a settlement agreement. KSD Enterprises, LLC of Clarksburg, W.Va., makes Methane Exhausters, which remove methane from coal mines and landfills. The exhausters can make coal mines safer and landfills cleaner, generate electricity from the methane they’re removing, and even generate revenue from carbon credits. In December 2009, KSD was sued for patent infringement, contributory infringement, and inducement of infringement, as well as breach of contract and conversion of assets.

Representative Matter

Generic drug manufacturer

Assisted generic drug manufacturer in abbreviated new drug application (ANDA) patent litigation related to advertising and promotion material for marketed products, including reviews by the Division of Prescription Drug Promotion (OPDP) with regard to the listing or assertion of method-of-use patents.
Case Study

McGuireWoods wins key patent trial for wireless carriers

A Richmond federal jury took less than two hours on Dec. 14, 2009, to rule in favor of McGuireWoods’ client Verizon Wireless, and several other wireless carriers in a massive patent infringement case.  The jury ruled the wireless carriers did not violate a patent by selling wireless aircards, and it declared that the dialing technology patent at the center of the suit – held by DNT – was invalid.
Representative Matter

Newspaper

Defense of newspaper in copyright infringement lawsuit over use of photographs.
Representative Matter

Ship maintenance software vendor

Represented a ship maintenance software vendor in claims against ABS Nautical Systems, a subsidiary of the American Bureau of Shipping, in an arbitration for breach of a joint venture agreement, fraud and copyright infringement.
Case Study

Significant ruling secured for world leader in handheld computing

Palm, Inc. secured a significant victory in its patent dispute with NTP, Inc., a Virginia-based patent holding company. On March 23, 2007, a U.S. District Court judge in Richmond, Va., granted Palm's motion to stay NTP's patent infringement lawsuit against Palm, pending the conclusion of patent office reexamination proceedings, and all subsequent appeals. This is the first time a judge in the Eastern District of Virginia's "rocket docket" has completely stayed a patent suit pending reexamination proceedings. McGuireWoods is co-counsel to Palm in the matter.

Case Study

$58 million verdict in patent case for Verizon

McGuireWoods recently represented Verizon Communications, Inc. in a major victory over Internet phone provider Vonage Holdings Corp. On March 8, 2007, an Alexandria U.S. District Court jury found that Vonage had infringed upon three Verizon patents, and awarded Verizon $58 million. Verizon’s motion to permanently enjoin Vonage from using the patented technology was granted March 23. The patents involved technology that allows Voice over Internet Protocol callers to make calls using traditional phones; allows custom calling features such as call forwarding; and supports phone calls on Wi-Fi networks.

Representative Matter

Nonprofit corporation of a public university in Virginia

Defended a nonprofit corporation of a public university in Virginia in breach of contract litigation with a disgruntled research sponsor.
Representative Matter

International financial institution

Representation of international financial institution seeking to halt competitor’s trademark infringement in nationally televised bankcard commercials.
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E. Osborne Ayscue Jr. E. Osborne Ayscue Jr.
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2058
F: +1 704 343 2300
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Mary Dalton Baril Mary Dalton Baril
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1169
F: +1 804 698 2009
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George J Barry III George J. Barry III
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5734
F: +1 404 443 5753
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Marshall Beil Marshall Beil
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7004
F: +1 212 715 2319
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Micheal L Binns Micheal L. Binns
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5748
F: +1 404 443 5698
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William J Boddy William J. Boddy
Associate
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1625
F: +44 20 7632 1638
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Irving M Brenner Irving M. Brenner
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2075
F: +1 704 343 2300
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Jonathan Edward Buchan Jonathan Edward Buchan
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2063
F: +1 704 444 8714
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Demetria Buncum Demetria A. Buncum
Associate
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5069
F: +1 703 712 5245
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Kristen M Calleja Kristen M. Calleja
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1374
F: +1 804 698 2264
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Karen L Carroll Karen L. Carroll
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5620
F: +1 404 443 5757
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Darren Collins Darren W. Collins
Partner
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6405
F: +1 214 932 6499
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Jason Cook Jason W. Cook
Partner
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6418
F: +1 214 273 7483
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Laurie Craig Laurie Craig
Counsel
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1696
F: +44 20 7632 1638
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Andi Daly Andriana Shultz Daly
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7512
F: +1 804 440 7727
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Patrick A Darno Patrick A. Darno
Associate
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5136
F: +1 703 712 5215
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George Davis George B. Davis
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1129
F: +1 804 698 2016
vCard
Tracey DeMarco Tracy S. DeMarco
Associate
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6682
F: +1 919 755 6596
vCard
David E Finkelson David E. Finkelson
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1157
F: +1 804 225 5377
vCard
Benedicte Kaare Fjeld Benedicte Kaare Fjeld
Associate
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1684
F: +44 20 7632 1638
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A. Brooks Gresham
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8291
F: +1 310 956 3104
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Matthew Hall Matthew Hall
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 34
F: +32 2 629 42 22
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T. Craig Harmon T. Craig Harmon
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1097
F: +1 804 698 2074
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Shaun W. Hassett
Associate
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6422
F: +1 214 273 7475
vCard
Jessica Hauth Jessica M. Hauth
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5743
F: +1 404 443 5775
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Speaking Engagement

2015 FDLI Annual Conference

April 20, 2015
Washington, DC
Speaking Engagement

Institut de la Chambre de Commerce et d'industrie de Paris

Pratique du copyright aux Etats-Unis

April 2-3, 2015
Speaking Engagement

11th EGA Legal Affairs Forum

March 27, 2015
Brussels
Speaking Engagement

Best Practices in Licensing: Developing, Negotiating & Executing Transactions

November 17-18, 2014
Chicago, IL
Event

6th Annual Medical Device and Life Sciences Conference

November 18, 2014
Chicago, IL
Speaking Engagement

Understanding the Intellectual Property License 2014

PLI Seminar

November 6, 2014
Chicago, IL
Speaking Engagement

Résoudre les conflits en propriété intellectuelle par la médiation

September 12, 2014
Paris
Speaking Engagement

Legal and Regulatory Summit on Generic Drugs

July 24-25, 2014
New York, NY
Speaking Engagement

5th Annual Conference on Biosimilars

June 4-6, 2014
New York, NY
Speaking Engagement

Institut de la Chambre de Commerce et d'industrie de Paris

Pratique du copyright aux Etats-Unis

April 3-4, 2014
Paris
Speaking Engagement

BioCentury This Week

Safety v. Competition (Federal Trade Commission Follow-On Biologics Workshop: Impact of Recent Legislative and Regulatory Naming Proposals on Competition February 4, 2014 Overview)

February 16, 2014
Speaking Engagement

2013 CMP Business Outreach Center

November 23, 2013
Speaking Engagement

Institut de la Chambre de Commerce et d'industrie de Paris

Pratique du copyright aux Etats-Unis

April 3-4, 2013
Paris
Event

4th Annual Medical Device and Life Sciences Conference

Innovation, Investing and Regulatory Issues

November 8, 2012
Chicago, IL
Speaking Engagement

Understanding the Intellectual Property License 2012

PLI Seminar

November 8, 2012
Chicago, IL
Speaking Engagement

Institut de la Chambre de Commerce et d'industrie de Paris

Pratique du copyright aux Etats Unis

April 4-5, 2012
Paris
Speaking Engagement

Charlotte ACC

Data Security and Privacy

November 2, 2011
Speaking Engagement

PLI Understanding the Intellectual Property License 2011

November 3-4, 2011
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Results 1-20 of 47
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Article

Sports Technology: Recent Patents and New Innovations

Winthrop Intelligence
January 2, 2014
Article

Le régime des créations et inventions des salariés

Cahier du Juriste
fevrier 2012
Legal Alert

A Stronger Protection for Personal Data

January 6, 2012
Results 1-20 of 47