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.
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.
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.