Intellectual Property Litigation

In a business environment marked by rapid technological development and an increasingly global marketplace, patents, copyrights, trademarks and trade secrets are critical assets of a productive and competitive business enterprise. McGuireWoods’ intellectual property litigators are skilled in defending multinational corporations in federal courts and before the International Trade Commission (ITC), U.S. Board of Patent Appeals, and Trademark Trial and Appeal Board (TTAB).

We understand intellectual property law as it applies to a range of technologies, and we have the communication skills and trial experience necessary to explain difficult legal and technical concepts to judges and juries. Our team includes individuals with technical experience and advanced scientific degrees, from mechanical, electrical and computer engineering to biology and chemistry. That means our lawyers can efficiently and effectively litigate matters involving any technology.

Patent Litigation: We litigate patent cases across the country, including in patent hot-spot jurisdictions such as the Eastern District of Texas, the District of Delaware, the Eastern District of Virginia and the Northern District of California. In patent-related disputes between competitors and against nonpracticing entities (NPEs), we have won jury and bench trial verdicts in technological areas that include telecommunications, pharmaceuticals, medical devices, and computer software and hardware, among others.

International Trade Commission (ITC)/Section 337: Honed over years acting for clients in more than 70 Section 337 investigations, McGuireWoods’ lawyers understand what it takes to be successful at the ITC — a key forum for global, high-stakes intellectual property and unfair competition disputes related to U.S.-imported goods. Our team handles matters for complainants and respondents at every stage of the process: ITC, U.S. Customs and the Federal Circuit. Disputes at the ITC go to trial more frequently than in district courts and we are skilled in helping clients navigate worldwide discovery and expedited schedules as well as obtain ITC exclusion orders. We also act for importers to ensure U.S. Customs and Border Protection does not seize or block their non-infringing products based on broad ITC orders.

Inter Partes Review (IPR)/Covered Business Methods (CBM): We work with clients to determine whether to pursue targeted proceedings before the Patent Trial and Appeal Board (PTAB) as part of a comprehensive litigation strategy. Our patent litigators and patent prosecution lawyers collaborate to thoroughly evaluate — within days of the filing of the lawsuit — whether an IPR/CBM procedure is a client’s best option. We work rapidly in evaluating and effectuating IPRs/CBMs because we understand it can significantly reduce the cost of defense and protect clients from substantial business interruption inherent in full-scale district court litigation and discovery.

Trademark & Copyright Litigation: Our lawyers advise clients in all areas covered by and related to the U.S. Lanham Act and Copyright Act. We have litigated hundreds of trademark, copyright, trade dress, dilution, unfair competition, false advertising and domain name disputes. In addition to litigation in federal and state courts, we handle proceedings before TTAB, including more than 100 IPR proceedings. Clients include retail wholesalers and distributers, online-only businesses, manufacturing companies and technology companies. Our team has handled hundreds of copyright disputes encompassing every type of creative work, including software, website content, music, TV and movies, photographs, art and architecture.

Trade Secrets Litigation: Our lawyers prosecute and defend trade secret misappropriation claims, ranging from cases involving departed employees to industrial espionage. We represent employers in challenging and defending noncompetition and nondisclosure agreements, and represent individual employees in such matters on behalf of the companies that seek to hire them. In addition, McGuireWoods represents and defends companies when crucial technology or know-how is at stake. For example, McGuireWoods represented DuPont in a landmark trade secret case involving Kevlar technology against Kolon Industries. In that case, the jury awarded DuPont nearly $920 million — a precedent-setting victory hailed as the "Global Dispute of the Year: U.S. Litigation" in 2015 by The American Lawyer.

Experience

  • REPRESENTATIVE MATTER

    Provider of medical supplies, consulting services and e-business solutions

    Represented a provider of medical device supplies, consulting servicers and e-business solutions in case alleging trade secret misappropriation in software. On the eve of trial, the case settled favorably in favor of our client.

  • REPRESENTATIVE MATTER

    Representation of a global science company in a trade secrets theft case against a South Korean manufacturing company.

    DuPont filed a civil trade secrets case in 2009 against Kolon Industries Inc. for conspiring with former employees to steal proprietary information about Kevlar™, the bulletproofing fiber used in body armor products. McGuireWoods served as lead trial counsel for DuPont in civil litigation spanning six years. Meanwhile, in 2012, the U.S. Government filed a criminal case against Kolon – in which the company pleaded guilty in April 2015. In doing so, Kolon agreed to pay $360 million in fines, ending the long-running civil and criminal disputes.

    The case is historically significant because of the size of the original verdict, the rulings on a host of key trade secrets and spoliation issues, and the resulting settlement obtained by DuPont.  It has also been cited in ongoing efforts by the Obama administration as an example of the need for enhanced federal protection of corporate trade secrets. Awarded the Global Dispute of the Year: U.S. Litigation by American Lawyer Media in 2015.

  • 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

    Defense of Cable and Satellite Provide Against Copyright Infringement

    Representation of the largest cable and satellite provider in the region that makes up the former Yugoslavia, defending against claims that it was committing copyright infringement by broadcasting Bosnian-language programming in the United States. After a significantly favorable first round of discovery greatly limiting plaintiff’s claims and ability to claim damages, plaintiff agreed to drop its case, and our client was able to buy the entire business of plaintiff at a substantial discount.  

Team Leaders

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