Intellectual Property Litigation

How Clark Hill Approaches Intellectual Property Matters

We approach every matter with a clear focus on favorable outcomes, whether that means aggressively enforcing rights, efficiently resolving disputes, or defending against complex claims. Beyond the courtroom, we advise on risk management, licensing strategies, and dispute avoidance to help clients protect and maximize the value of their intellectual property.

Experienced on both sides of litigation—proactively enforcing IP rights when necessary and defending IP assets and responding to claims of infringement or other violations—our experienced litigators work with clients to ensure that their rights are protected and enforced.

What Our Team Can Do for You

Clark Hill’s Intellectual Property Litigation team delivers sophisticated, strategic representation that prioritizes protection of our clients’ innovations, brands, and competitive positions. Our team has the experience and technical background to nimbly and successfully handle infringement, misappropriation, dilution, and counterfeiting disputes. We are skilled negotiators and advocates, both in the courtroom and the boardroom.

• Diverse Industry Experience: Our portfolio spans consumer products, biotech, pharmaceuticals, medical devices, sports, media, entertainment, gaming, communications, computer technology, and more. Our attorneys bring a wealth of experience to each sector, tailoring our approach to the unique demands of each industry.
• Innovative, Cost-Efficient Solutions: Beyond favorable verdicts, our attorneys collaborate with clients to seek pragmatic, business-centric resolutions to disputes, offering strategic guidance to proactively address potential conflicts.
• Holistic Approach: Our IP litigators draw insights from various practice areas throughout our firm, including antitrust, regulatory compliance, tax, and corporate law. This multidisciplinary approach ensures the best possible outcomes for clients.
• Global Reach: Leveraging a global network, our attorneys are equipped to handle the most intricate and high-profile IP matters. Our international reach provides the capacity to tackle large-scale, complex cases seamlessly.
• Coverage Across the United States, Mexico, and the EU: Our IP litigators handle litigation in conjunction with Clark Hill offices across the United States, Mexico, and the EU.

Patent Litigation

At Clark Hill, patent litigation is approached as both a legal and business matter. Our attorneys work to understand the underlying technology as well as the commercial context in which it operates, enabling us to develop strategies that address immediate litigation objectives while supporting long-term business goals. We represent clients in enforcing patent rights, defending against infringement claims, and resolving disputes involving inventorship and licensing. Our team also handles proceedings before the USPTO, including post-grant challenges, and coordinates parallel strategies when matters are pending in multiple forums. With many attorneys holding technical degrees and USPTO registrations, we are well-equipped to manage highly complex patent disputes across industries, including pharmaceuticals, medical devices, semiconductors, software, electronics, information and networking technologies, and other advanced technologies.

Trademark, Trade Dress & Unfair Competition Litigation

Clark Hill intellectual property attorneys protect the value of our clients’ brands and market positions through strategic trademark and unfair competition litigation. We handle disputes involving infringement, dilution, counterfeiting, and false advertising, as well as trade dress and domain name issues. Our team regularly represents clients in federal and state courts, as well as in proceedings before the USPTO’s Trademark Trial and Appeal Board, including oppositions and cancellation actions. We focus on practical enforcement strategies that preserve brand integrity and goodwill while aligning with business objectives.

Trade Secret Litigation

Clark Hill is experienced in managing highly sensitive and technical trade secret disputes with precision and discretion. We represent clients in actions involving the misappropriation of confidential business information, proprietary processes, and technical data. Our attorneys handle cases in both state and federal courts, working quickly to minimize business disruption and secure injunctive relief where necessary. We also counsel clients on strengthening internal protections and policies to mitigate future risk.

Copyright Litigation

Clark Hill’s attorneys represent clients in copyright disputes spanning a wide range of creative and technological works, including software, audiovisual media, written content, and digital assets. We assist clients in acquiring and enforcing their rights against unauthorized use and defending against infringement claims, often in rapidly evolving digital and online environments. Our team has experience pursuing emergency remedies when needed, and we work to resolve disputes in a manner that protects the value and integrity of our clients’ creative assets.

Practical, Cost-Efficient Solutions

While we are experienced trial lawyers, we recognize that litigation is not always the optimal path. Clark Hill emphasizes practical, cost-effective solutions that align with each client’s business needs. We routinely explore negotiated resolutions, licensing arrangements, and alternative dispute mechanisms to achieve favorable outcomes quickly and efficiently.