dcsimg Intellectual Property Litigation

Intellectual Property Litigation

In a business environment marked by rapid technological development and an increasingly global marketplace, patents, copyrights, trademarks and trade secrets can be critical assets of a productive and competitive business enterprise, regardless of company size or geographic scope.

McGuireWoods’ intellectual property litigators work alongside our transactional lawyers to protect our clients' interests before the U.S. Board of Patent Appeals, the Trademark Trial and Appeal Board, and in state and federal courts across the country. We represent large, medium and small companies, as well as individual entrepreneurs. Our lawyers have been at the forefront of legal developments in the intellectual property area, have published and lectured on intellectual property topics, and serve as active members in local, state, national and international intellectual property associations.

Our clients include retailers, merchandisers, real estate developers, manufacturers, financial institutions, health care providers, insurance companies, telecommunications providers, pharmaceutical companies, importers, computer software developers, computer hardware retailers, advertising agencies, artists and restaurants. We regularly litigate intellectual property matters regarding copyright, licensing, patent, trade secrets, trademark, trade dress and unfair competition.

We have litigated patent cases across the country, including in patent hot-spot jurisdictions such as the Eastern District of Virginia, the Eastern District of Texas, the District of Delaware, and the Central District of California. Our lawyers are also well versed in all areas covered by and related to the U.S. Lanham Act, including trademark, trade dress, dilution, false advertising, and unfair competition litigation. Our team handles domain name disputes and claims arising from the sale of counterfeit or gray market goods on the Internet.

Our group has considerable experience prosecuting and defending trade secret misappropriation claims, ranging from cases involving departed employees to industrial espionage. We regularly help clients protect the security of their data and navigate a growing list of federal and state data security and privacy laws and international privacy directives. In addition, we advise on all aspects of copyright law, including registration and licensing.

CONTACTS

Brian C. Riopelle Partner T: +1 804 775 1084
David E. Finkelson Partner T: +1 804 775 1157
Results 1-14 of 14

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 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 a multi-patent case involving accused messaging functionality.
Representative Matter

Fortune 500 wireless carrier

Defense of Fortune 500 wireless carrier against infringement claims asserted under four patents allegedly directed to handset and network functionality.
Representative Matter

Fortune 500 wireless communications service provider

Defense of a Fortune 500 wireless communications service provider in multi-patent case directed to accused handset functionality.
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

Private equity firm

Representation of private equity firm to resolve a dispute of the ownership of intellectual property for air-to-ground Wi-Fi technology.
Representative Matter

Leading telecommunications company

Representation of a leading telecommunications company in a patent infringement suit. Our client was accused of infringing several patents through the sale and use of a mapping product. During a settlement conference, plaintiff agreed to dismiss the complaint with prejudice and with no payment or concessions by our client.
Representative Matter

Fortune 500 wireless carrier

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

National speciality retailer

Representation of a national specialty retailer in the management of a trademark infringement matter, including successful request for temporary restraining order and preliminary injunction.
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

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

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.
Representative Matter

Private liberal arts university in Virginia

Defended a private liberal arts university in Virginia in trademark litigation with a sports apparel company.
Results 1-14 of 14
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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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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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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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Brie Buchanan Brie L.B. Buchanan
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5709
F: +1 404 443 5760
vCard
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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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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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
vCard
William N Federspiel William N. Federspiel
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4382
F: +1 804 698 2011
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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
Richard Holzheimer Richard Dean Holzheimer JR
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5087
F: +1 703 712 5254
vCard
Nam Huynh Nam H. Huynh
Associate
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6409
F: +1 214 932 6499
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Franklin Kang Franklin D. Kang
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8231
F: +1 310 956 3102
vCard
Timothy H Kratz Timothy H. Kratz
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5730
F: +1 404 443 5784
vCard
Justin Lowery Justin R. Lowery
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7423
F: +1 804 698 2038
vCard
Brian Malkin Brian J. Malkin
Senior Counsel
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1704
F: +1 202 828 2964
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Robert W McFarland Robert W. McFarland
Partner
World Trade Center
101 West Main Street
Suite 9000
Norfolk, VA 23510-1655

T: +1 757 640 3716
F: +1 757 640 3966
vCard
Safet Metjahic Safet Metjahic
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 212 548 7034
F: +1 212 715 6287
vCard

T:+1 703 712 5080
F: +1 703 712 5050

Brad Newberg Brad R. Newberg
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5061
F: +1 703 712 5187
vCard
Aaron Pickell Aaron James Pickell
Associate
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6410
F: +1 214 932 6499
vCard
Brian C Riopelle Brian C. Riopelle
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1084
F: +1 804 698 2150
vCard
Amy L Signaigo Amy L. Signaigo
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8141
F: +1 312 698 4521
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George R Spatz George R. Spatz
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 321 7676
F: +1 312 698 4584
vCard
Derek H Swanson Derek H. Swanson
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1081
F: +1 804 698 2258
vCard
Results 1-5 of 5
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

Tuesday, November 18, 2014
Chicago, IL
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
Event

4th Annual Medical Device and Life Sciences Conference

Innovation, Investing and Regulatory Issues

November 8, 2012
Chicago, IL
Results 1-5 of 5