Overview

Boies Schiller Flexner helps our clients protect valuable rights to intellectual property in everything from technological innovations to works of art. We have extensive and successful experience representing plaintiffs and defendants in a full range of high-stakes, high-profile lawsuits involving patents, copyrights, trademarks, trade secrets and other intellectual property.

We are trial lawyers and ordinarily begin preparing for trial at the start of each engagement. Many of our lawyers have degrees in science and engineering, which aids in distilling technical concepts into concise, compelling arguments for judges, juries, arbitrators, and administrative tribunals. We regularly appear in federal and state courts, both trial and appellate, as well as at the Patent Trial and Appeal Board and the ITC. We have particular expertise in the intersection of intellectual property rights and antitrust law, including disputes over licensing practices and industry standards.

Our track record in patent litigation includes representing manufacturers of medical devices, semiconductors, electronic devices, software, consumer products, pharmaceuticals, smart phones and personal computers, and liquid crystal displays. For example, we successfully defended a major electronics manufacturer in multiple forums across the U.S. against infringement allegations relating to file management software. We also successfully enforced an internet filtering patent against AOL, which settled after the jury found our client’s patent valid and infringed, and successfully defended Amazon.com and its subsidiary, IMDb, against patent infringement allegations related to streaming video and web interfaces.  

In Hatch-Waxman patent disputes, we have represented branded pharmaceutical companies. For example, we represented United Therapeutics in securing a judgment that our client’s patent was valid and infringed by Sandoz’s generic version of a drug for treating pulmonary hypertension. 

We advise clients, including those in the Fortune 500, on protecting their trade secrets, and one of our lawyers is co-author of a well-respected treatise on trade secret law.  We have litigated many trade secret cases, including where departing employees or others are accused of providing trade secrets, software or other proprietary information to competitors. We represented a major agricultural products company in asserting trade secret rights relating to fruit genetic material against a competitor.

Our copyright clients have included software developers and artists. We represented Oracle against SAP in achieving the largest copyright verdict in history, and in asserting copyright infringement and computer fraud claims against another defendant, against whom we won a $120 million award. We also successfully asserted a fair use defense in defending an artist against allegations that his paintings infringed a photographer’s copyrights.  

We represent clients in major lawsuits involving trademark infringement and other Lanham Act claims, including false advertising and cybersquatting. For example, we successfully represented the Explorers Club, a global non-profit organization, in lawsuits against a major distiller that used our client’s name without permission, achieving a global injunction followed by a sponsorship and licensing agreement.

Clients facing any IP challenge benefit from the aggressiveness, experience, insight, and innovative approach that we bring to each dispute.