Intellectual Property Litigation

With a combination of technical know-how, legal skills, and a client-focused approach, Brooks Kushman is a national leader in IP litigation. Our IP litigation lawyers have earned a reputation for successfully handling complex cases through creative and innovative strategies, including cases involving some of the most recognizable brands in the world.

We believe in giving each company we work with a team of IP professionals carefully chosen to support the specific needs of their business. This ensures our clients work with people who have the right balance of talent and skills to put them at a strategic advantage, whether they’re trying to resolve a matter out of court or arguing a case before a judge.

Our IP litigation lawyers represent companies as both plaintiffs and defendants with experience trying cases before:

• – Federal District Courts nationwide
• – The Federal Circuit Court of Appeals
• – The U.S. Patent Trial and Appeal Board (PTAB)
• – The Trademark Trial and Appeal Board (TTAB)
• – The International Trade Commission (ITC)

Patent Litigation

For new inventions, scientific developments, and processes, a patent is intended to help protect those innovations. The majority of the members of our patent litigators entered the legal profession with backgrounds in engineering, giving them a strong understanding of both the technical and the legal sides of the cases they work on. They also have deep insights for the industries our clients work in, which allows them to work closely with clients to help them reach their business and R&D goals.

This combination of technical and legal experience has brought the Brooks Kushman patent litigation practice national recognition for successfully handling high-stakes cases. We are sensitive to the pressures our clients face while managing legal costs, and our patent litigation attorneys use processes designed to improve efficiency every step of the way without losing sight of client needs, from initial case assessments and discovery through settlement negotiations, summary judgements, and litigation.

Trademark and Copyright Litigation

Protecting copyrighted and trademarked material is more important than ever before. Things like logos, branding, domain names, and product packaging are all things that consumers recognize as being distinct parts of your business and infringements on that IP can result in both financial and reputational damages. A comprehensive strategy is essential to protect your copyrights and trademarks both within the United States and around the world.

As the laws regarding trademarks and copyrights evolve, we are on top of the latest developments, ready to adapt strategies as needed to effectively protect and enforce copyrights and trademarks through litigation and through out-of-court resolutions and to protect companies against infringement claims. Our copyright and trademark litigators have extensive experience prosecuting and defending all types of trademark-related actions, including:

• Infringement of Federally Registered Trademarks
• Infringement of Common Law Trademarks
• Trademark Dilution
• Trade Dress
• False Advertising
• Right of Publicity
• Trade and Product Disparagement
• Unfair Competition
• Opposition, Cancellation, and Other Administrative Proceedings

TTAB Litigation

When a Trademark Examiner refuses a registration, or when there is a dispute over a registration, the matter is taken to the USPTO Trademark Trial and Appeal Board (TTAB). Unlike many other firms who tout experience at the TTAB, we have successfully tried cases to completion and defended the results before the Federal Circuit.

We are experienced in all aspects of TTAB proceedings, including:

• Preliminary notice and answer
• Settlement conferences
• Initial, expert, and pretrial disclosures
• Creation and analysis of expert testimony and reports
• Trial
• Trademark opposition and cancellation proceedings
• Ex parte appeals of final refusals issued by the Trademark Examiner
• Concurrent Use Proceedings
• Settlements via co-existence agreements and licensing agreements
• Internet-related trademark matters, including domain name cybersquatters and content infringement claims

Our TTAB litigators have significant experience handling international trademark oppositions and cancellations, managing over 5,000 cases globally each year. We never take a one-size-fits-all approach to these cases. We work to understand the unique goals of every business we work with and act to help them reach those goals.

PTAB Litigation

The outcome of a post-grant challenge can have serious implications for a company. We fully understand the significance of these rulings and are in a unique position to help our clients navigate this complicated process. Our post-grant cases are strategically staffed with a blend of professionals that have extensive experience in patent prosecution and litigation. This allows us better to understand the prosecution history of asserted patents, and become more effective in technical arguments, procedural issues, and amending claims. We also work with our clients to coordinate efforts on parallel district court litigation and on appeals.

Between our legal expertise and strong understanding of technologies belonging to our clients, we know how to strategize and use available resources to protect patent portfolios, market opportunities, and a company’s bottom line. We offer a full range of PTAB litigation services, including:

• – Inter partes review
• – Post-grant review
• – Covered business methods
• – Reexaminations
• – Identifying, prioritizing, and pursuing or defending re-examination

Our track record of PTAB litigation success has made us leaders in this complex area of litigation.