Litigation Overview

Brooks Kushman has a long track record of success representing businesses and individuals in intellectual property and technology litigation. We win difficult cases because our attorneys have the training and background to thoroughly understand complex technical issues, the courtroom skills to take cases to trial – if necessary, and a client-focused approach to developing strategies and budgets to achieve every client’s unique goals. We have the expertise, skills, and experience to handle virtually any technology dispute.

Our approach to litigation is premised on a simple philosophy:

Our paramount goal in any litigation matter – large or small – is to work in partnership with our client to attain the best possible outcome at an acceptable cost. We staff cases with attorneys with the skills and experience to provide zealous representation. We keep our clients continually advised of the status of litigation matters. Because of the inherent uncertainties in the litigation process, no firm can guarantee complete success in every matter. But we can pledge to place our client’s interests first and to adopt strategies to win whenever possible.

Brooks Kushman’s intellectual property and technology litigation practice has been a cornerstone of the firm since its founding. We do not use a cookie-cutter approach to litigation. We confer with our clients to select the right team of professionals and the best strategy for each dispute, considering the complexity of the issue, technology, business objectives, and budget. In most situations, the litigation team is a cohesive group of lawyers and support professionals that will handle the project in a coordinated effort.

Our litigators are well-versed in the technical issues at the heart of modern IP and technology disputes. Most of our litigation attorneys have advanced technical degrees and have extensive experience in technical areas, including automotive, electronics, computer science, telecommunications, medical devices, chemical engineering, pharma and biotech, food and beverage, and materials science. We strive to staff litigation with attorneys possessing an educational background or work experience in each client’s technological field.

Brooks Kushman’s trial lawyers are courtroom-tested. We have successfully tried hundreds of cases before juries and judges, in federal and state courts, administrative bodies such as the Patent and Trademark Office and the International Trade Commission (ITC), Patent Trial and Appeal Board (PTAB), and in a myriad of foreign tribunals. We have successfully handled numerous appeals before the U.S. Court of Appeals for the Federal Circuit and other federal and state appeals courts. Additionally, we have extensive experience in handling Post-Grant Reviews (PGRs) and Inter Parties Reviews (IPRs) before the PTAB.

Litigation Practice Areas:

• Patent Litigation
• Trademark & Copyright Litigation
• Trade Secrets and Noncompetition
• Copyright
• Technology Licensing
• Open Source Software
• Technology-Related Commercial Litigation