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Intellectual Property

Boies, Schiller & Flexner has aggressively represented our clients' interests in a wide range of intellectual property disputes.  Our lawyers' technical knowledge and extensive litigation experience permits us to distill complicated concepts into concise legal arguments and powerful themes that we effectively communicate to judges, juries, arbitrators and administrative tribunals. 

Patent:  Our attorneys represent both plaintiffs and defendants from disparate industries in patent infringement litigation throughout the United States.  Our lawyers have:

  • successfully enforced patents owned by a foreign client's US subsidiary against a manufacturer of compact discs, resulting in a verdict of validity and infringement;
  • obtained a jury verdict for willful patent infringement in favor of a major liquid crystal display (LCD) manufacturer;
  • asserted an insulin pump manufacturer's patents against a competitor, winning infringement on summary judgment and securing a settlement days before a jury trial was to begin on validity and willfulness;
  • won summary judgment of noninfringement for a major cargo winch manufacturer accused of infringing a competitor's patent;
  • won summary judgment of noninfringement for a leading manufacturer of digital cameras and scanners; and
  • conducted a preliminary injunction hearing for a catheter manufacturer alleging patent infringement.

ITC:  Our lawyers are also experienced in representing clients in patent infringement disputes before the International Trade Commission, including the recent representation of a major light emitting diode (LED) manufacturer who alleged infringement against a competitor's imports. The Commission found infringement and issued an exclusion order prohibiting the importation of the accused products. 

Trade Secret:  Our lawyers also have extensive experience litigating trade secret cases.  We have represented:

  • one of the world's largest fresh food companies involved in a trade secret dispute with its major competitor;
  • a foreign electronics manufacturer who asserted claims against a domestic company that manufactured competing shoplifting detection equipment;
  • a medical device company asserting claims against a competitor engaged in the shockwave therapy industry.

We have also handled many cases involving senior executives hired by competitors, and recently represented a major toy company in a case involving the common law protection of ideas. 

Copyright:  Our attorneys have litigated some of the most important and high profile copyright cases since the Supreme Court's 1984 decision in Sony Corp. v. Universal Studios, Inc.  For example, we represented the file sharing service Napster in its landmark lawsuit with various record companies. 

Trademark:  Clients have also turned to us for representation in major trademark infringement cases.  Our lawyers represented:

  • Gibson Guitar Corp. when it asserted trademark and trade dress infringement claims relating to its Les Paul Guitar;
  • a major media company in a dispute involving the rights to the name of one of its channels;
  • a major casino operator who alleged trademark infringement by a competitor; and
  • an information reporting company who sued a competing subscription service for trade dress infringement.

Antitrust:  Our firm has particular expertise in handling disputes arising out of the intersection of intellectual property and antitrust law.  For example, we have litigated disputes relating to: 

  • the role of patents and other intellectual property rights in setting industry standards;
  • commitments to license intellectual property on fair, reasonable and non-discriminatory terms;
  • antitrust and common law constraints on licensing practices; and
  • allegations that patents or other intellectual property rights were fraudulently obtained or improperly enforced.

In addition to representing antitrust clients in federal and state courts, we also appear before governmental enforcement and regulatory bodies, both in the United States and abroad. 

False Advertising:  Our attorneys have also represented clients in false advertising cases under the Lanham Act, including representing:

  • a consumer products manufacturer who alleged that its competitor maligned its products in a series of television commercials;
  • a retailer in litigation relating to the use of its logo by a credit card provider; and
  • a major airline whose fares and flight availability were inaccurately represented by a provider of computerized reservation services.