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Intellectual Property & Technology

Intellectual Property Litigation

Clark Hill’s Intellectual Property Litigation team excels at representing clients of all sizes, from Fortune 500 to startups, by crafting strategies for high-stakes disputes regarding patents, trademarks, trade secrets, unfair competition, false advertising, and copyright infringement. Beyond the courtroom, our team has a deep understanding of the complexities surrounding intellectual property rights and is committed to safeguarding valuable innovations through litigation, licensing, and opinion counseling.

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.

Our attorneys navigate the complex landscape of IP litigation to meet each client’s unique goals. Our team has the 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.

Patent Litigation

At Clark Hill, we approach patent litigation as both a legal matter and a business challenge. We understand the intricacies of our clients’ businesses and priorities, allowing us to effectively address both their immediate needs and long-term objectives. Our practice is tailored to meet the unique challenges of IP disputes, anywhere in the US, with comprehensive legal solutions available to clients across various industries, including pharmaceutical drugs and biologics, medical devices, consumer products, and semiconductors.

Our patent litigators combine extensive trial experience in state and federal courts as well as unique trial experience within the United States Patent and Trademark Office (USPTO), deep patent law knowledge, scientific acumen, and a focus on clients’ business goals. We represent clients in enforcing, defending against, and settling patent infringement claims, inventorship disputes, and patent licenses—representing clients ranging from innovative patentees looking to safeguard their inventions to defendants facing patent infringement claims.

We also advise clients on the merits and advisability of initiating parallel proceedings before the USPTO and defending their patents during these proceedings. Consequently, we are well-equipped to handle highly complex litigation clients, while also providing efficient services to emerging companies operating within smaller budget constraints.

In every patent case, our IP attorneys either possess the necessary technical knowledge or collaborate closely with patent specialists who do. Many of our attorneys are licensed to practice before the USPTO and hold technical or scientific degrees in fields such as computer science, electrical engineering, chemistry, and more. We cover all aspects of patent law, from patent preparation and prosecution to clearance opinions, interference proceedings, and portfolio management.

Trademark, Trade Dress, and Unfair Competition Litigation

In trademark litigation, our team prioritizes safeguarding our clients’ hard-earned goodwill and brand value. Our attorneys handle a spectrum of trademark, trade dress, and unfair competition disputes, covering Internet domain names, consumer product trademarks, business names, trademark dilution, counterfeiting, false advertising, clothing and accessory designs, and other trade dress aspects.

Our team provides clients with strategies to protect their trademarks, whether registered or protected under common law. Our practice encompasses trademark and unfair competition lawsuits in state and federal courts nationwide, along with international disputes. We have significant experience in pursuing and defending against preliminary injunctions and in proceedings before the USPTO, including oppositions and cancellation petitions.

Trade Secret Litigation

We manage trade secret litigation across diverse technologies and industries. Clients rely on our litigation team to handle trade secret misappropriation claims in both state and federal courts nationwide. Like patent litigation, our trade secret team features attorneys with trial experience and technical knowledge to present complex issues clearly and persuasively.

Copyright Litigation

Our copyright attorneys assist clients in enforcing copyright claims and defending against infringement claims across various areas, including computer software, literary works, architecture, music, visual arts, audiovisual content, sound recordings, and more. Our attorneys have obtained ex parte orders to seize counterfeit goods under both copyright and trademark laws.