Litigation

Intellectual Property Litigation

Our Intellectual Property attorneys are experienced trial attorneys in the enforcement and defense of patent, trademark, trade dress, and copyright infringement actions in district courts, before the Federal Circuit and the U.S. International Trade Commission. Additionally, we handle arbitration, mediation, and other alternative dispute resolution proceedings.

We believe that behind every success is a team working in unison. We view our clients as part of our Team.

We represent a wide range of clients in industries such as chemical, mechanical, and computer technologies; pharmaceuticals; manufacturing machinery; biochemicals; liquid crystal displays; semiconductors; electrical/electronic; fiber optics; polymers; logistics software; telecommunications; circuit boards; medical devices; and materials testing equipment. Our attorneys possess a broad range of experience and education in physics, chemistry, life science, environmental, electrical and mechanical engineering.

Copyright Litigation:

Our attorneys have significant experience in copyright litigation involving a wide range of issues, including disputes over whether two works are "substantially similar," use of third-party works under the "fair use" doctrine, and imports of "gray-market" goods.

Our clients span a large number of industries, including electronic publishers, software companies, and manufacturers of consumer goods.

Patent Litigation:

We believe that behind every success is a team working in unison. We view our clients as part of our Team and work closely to make sure their goals are being met each step of the way. We offer our clients the best protection and enforcement of their innovations.

We also understand the high costs associated with any IP litigation and work with our clients to efficiently balance their budget with their desired outcome. Our personalized approach sets us apart.

Roetzel's IP Team integrates its undergraduate, graduate or doctorate degrees in electrical and mechanical engineering, physics, chemistry, computer science and math, along with each attorney's unique legal experience, to maximize its understanding of the technical issues involved in patent matters. In addition, many of our attorneys are registered to practice before the U.S. Patent and Trademark Office. Notably, our trial attorneys bring years of experience and technical expertise that enables them to provide exceptional advice for litigation strategy.

In particular, Roetzel's IP Team has successfully represented and defended its global clients in patent litigation matters in cases involving:

  • Patent infringement and related litigation issues in district court
  • Patent appeals before the Federal Circuit
  • Hatch-Waxman litigation
  • Section 337 Investigations before the U.S. International Trade Commission ("ITC")

One aspect of any litigation that is becoming of growing importance concerns electronic discovery matters. To assist our clients in ensuring the proper steps are taken during the course of discovery, we work with our clients to derive a strategy at the outset of each case and continually update our plan as the litigation proceeds.

At Roetzel, our attorneys recognize the importance of and stay on top of the latest happenings at district courts throughout the United States, the Federal Circuit, and the United States International Trade Commission, as well as the U.S. Patent and Trademark Office.  As such, many of our attorneys are involved at a leadership level on committees at the American Intellectual Property Law Association ("AIPLA"), International Trademark Association ("INTA") and International Trade Commission Trial Attorneys Association ("ITCTLA"). This allows us to keep abreast of changes to laws and rules so our client always has the very best and most competent representation.

Trademark Litigation:

Our approach to trademark litigation, like our approach to strategic trademark counseling and prosecution, emphasizes adopting the best strategy to achieve our clients' goals. We work closely with our clients on all aspects of the litigation process, including prelitigation counseling, early case assessment, discovery, trial, alternative dispute resolution, and settlement.

We have extensive experience in all facets of trademark litigation at the federal, state and administrative levels, having litigated numerous cases in various forums across the United States. We have handled a wide variety of cases for both plaintiffs and defendants. These cases have involved numerous issues, from "garden-variety" likelihood-of-confusion issues to complex issues concerning the calculation of damages. Our cases also have spanned numerous industries, from the steel industry to the electronics industry, and have involved a wide range of expert witnesses, including survey experts and linguistics experts.

Our Experience

  • Served as counsel in patent and contract arbitration under World Intellectual Property Organization Tribunal
  • Rendered opinions on patent coverage for pre-litigation and infringement abatement insurance
  • Defended a trade dress infringement suit for an adhesive removal manufacturer
  • Represented a rubber chemicals manufacturer against trade secret and non-compete claims by a competitor in a jury trial
  • Represented a household products manufacturer in defeating a preliminary injunction claim brought by a competitor alleging trade dress infringement in the cosmetic industry
  • Represented a private label manufacturer in defeating a preliminary injunction claim brought by the exclusive licensee of a cosmetic product alleging trademark and trade dress infringement
  • Selected numerous times by parties, both privately and through the Federal Court Administrative Dispute Resolution system, to mediate intellectual property litigation matters
  • Regularly represent builders, architects, and owners in disputes concerning ownership of blueprints and project drawings
  • Represented a company in the manufacturing industry in obtaining a judgment at trial in a trade secret misappropriation case
  • Represented a consumer appliance company in prosecuting utility and design patent infringement claims
  • Defended a household products manufacturer in defeating equitable claims brought by a competitor alleging trade dress infringement

What We Do

  • Copyright
  • Internet and other intellectual property issues
  • Patent
  • Trademark
  • Trade dress
  • Trade secret
  • Unfair competition

Related Media & Events

  1. Alerts
    Name, Image, and Likeness Reform Is Here: The Business Basics - Jul 16, 2021
    Following CARES Act, USPTO and Copyright Office Directors Extend Certain IP Filing Deadlines - Apr 6, 2020
    UPDATE: US Patent & Trademark Office Issues New Trademark Use Rule (Delayed until March 21, 2017) - Feb 15, 2017
    US Patent & Trademark Office Issues New Trademark Use Rule - Feb 9, 2017
    New Federal Law Provides Additional Protection for Trade Secrets - Jan 16, 2017
    Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority - Sep 27, 2016
    What Does "Brexit" Mean For Your Valuable Trademarks and Brands? - Jun 30, 2016
    Supreme Court Delivers Myriad Opinion - Jun 13, 2013
  2. Articles
    Three Years into the Defend Trade Secrets Act, How Do Its Remedies Differ in Practice from the Uniform Act's Remedies? - Winter 2020 - American Bar Association (ABA) Business Torts & Unfair Competition
    Tips on Filing for Preliminary Injunction in Trade Secret Cases—Considerations when Seeking Emergency Injunctions - Sep 30, 2019 - American Bar Association (ABA) Business Torts & Unfair Competition Practice Points
    Do You Need Copyright Protection for Your Website? - Nov 18, 2016
    Highlights of the Defend Trade Secrets Act of 2016 - Jul 6, 2016
    Dot Anything - Spring/Summer 2014
    PL Wins in Court - Nov 1, 2006
  3. Firm News
    Roetzel & Andress Ranked Among “Best Law Firms” by U.S. News – Best Lawyers® - Nov 5, 2020
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” - Aug 20, 2020
    Seven Roetzel Attorneys Named "Lawyer of the Year" by Best Lawyers® - Aug 20, 2018
    Jessica Lopez Featured in Akron Legal News - Jan 13, 2016
    Jessica Lopez Named to Ohio State Bar Association's Women in the Profession Section Council - Dec 21, 2015
    Jessica A. Lopez Joins Roetzel's Akron Office - Nov 14, 2013