Intellectual Property & Technology

Intellectual Property Litigation

Stites & Harbison’s IPT Group has extensive experience litigating intellectual property matters before federal and state courts throughout the nation. This experience also extends to all levels of appeals, including the United States Supreme Court. Our firm's litigators aggressively protect the intellectual property assets of our clients, and defend those who have been wrongfully accused of infringing others’ intellectual property rights. The firm has handled a number of significant and well-known intellectual property disputes and has served as lead counsel in intellectual property litigation in more than 30 states. Below are examples of the firm's experience:

Patent Infringement Litigation

  • Representing a manufacturer of coolant compounds in a patent infringement litigation against a competitor that resulted in a $40 million royalty payment to our client by the defendant
  • Representing a patent holder in the lighting industry in a patent infringement trial that resulted in a multi-million-dollar jury verdict
  • Defending a developer of financial software and systems in a patent infringement trial in the U.S. District Court for the Eastern District of Texas, which resulted in a judgment as a matter of law in favor of our client
  • Defending a toner cartridge manufacturer in an action brought by one of the world's largest printer manufacturers
  • Defending a supplier of accelerometers in suit brought by patent holding company against several large automotive manufacturers
  • Defending a national manufacturer of athletic pads in an infringement action brought by a competitor. Litigation was heard by the U.S. Supreme Court and eventually resulted in an award of attorneys' fees to our client.
  • Representing a manufacturer of nacho cheese dispensers in multiple actions against infringers of its patents
  • Defending a manufacturer of cable reels in an infringement action brought by a competitor

Trademark Infringement/Unfair Competition Litigation

  • Defending a local automobile service company against a national oil company's claim of infringement of the INSTANT OIL CHANGE mark
  • Defending a financial company offering variable annuities under the MARQUEE mark that was accused of infringing a bank's MARQUIS mark used for mutual funds
  • Defending a new pizza franchisor accused by a major national franchisor of trade dress infringement
  • Representing a cabinet retailer who owned the SCHEIRICH mark in an infringement action against a homebuilder and its related cabinet company using the SCHIERICH mark with kitchen cabinets
  • Defending a local, family-owned auto parts business using the ADVANCE AUTO mark in an action brought by a major regional chain using the same mark

Copyright Infringement Litigation

  • Representing Microsoft Corporation in several infringement actions against companies who have loaded pirated software onto computers for resale, and against resellers distributing counterfeit software
  • Representing a marketing company in several infringement actions throughout the nation against car dealerships and billboard advertisers who misappropriated a distinctive advertising campaign
  • Defending a credit information agency accused of infringement by a former software provider
  • Representing a dissolved partnership that created and marketed electronic data interface software
  • Representing an architect who was dismissed from a project and whose plans were then misappropriated in creating the final plan for the project
  • Representing an electronics training company whose advertising materials were copied by a competitor
  • Representing a doctor whose scholarly work was infringed in the creation of a monograph for distribution to surgeons
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Trademarkology

Are Attorneys' Fees Expenses?

Earlier this week, in Peter v. Nantkwest, Inc., Case No. 18-801 the Supreme Court of the United States unanimously held that the United States Patent and Trademark Office (the “PTO”) cannot recover the salaries of its legal personnel as expenses under Section 145 of the Patent Act.

by Alexandra MacKay December 13, 2019
Press Releases

Morgan Ward appointed to Landmarks and Preservation Districts Commission

LOUISVILLE, Ky.—Louisville Mayor Greg Fischer has appointed Stites & Harbison, PLLC attorney Morgan Ward to serve on Louisville Metro Government’s Historic Landmarks and Preservation Districts Commission.

by Stites & Harbison, PLLC November 11, 2019
Events

Global Executive Forum: Future of the China Relationship for Kentucky Business

Date: 10/10/19
Time: 8:00 a.m. - 10:00 a.m.

The Olmstead, 3701 Frankfort Avenue, Louisville, KY 40207

Alexandria office intellectual property attorney Jeffery Langer will be a presenter at this event hosted by the World Trade Center Kentucky on October 10, 2019.

Jeffery P. Langer Ph.D. October 07, 2019
Trademarkology

Levi's Keeps Tabs on YSL's Pockets

Levi Strauss & Co. and Yves Saint Laurent have reached settlement in the Northern District of California lawsuit filed by Levi’s over YSL’s use of pocket tabs on jeans.

by Mari-Elise Paul September 24, 2019
Trademarkology

Federal Circuit Court of Appeals Leaves Open the Question of Whether ITC Determinations of Trademark Issues Have Preclusive Effect

On August 14, 2019, the U.S. Court of Appeals for the Federal Circuit issued a revised opinion in Swagway, LLC v. ITC, Case No. 18-1672 (Fed. Cir. Aug. 14, 2019) that left open the possibility that decisions by the International Trade Commission (the “ITC”) could have preclusive effect in federal district court cases involving trademarks.

by Alexandra MacKay September 20, 2019
Press Releases

Nick Stewart joins Stites & Harbison's Louisville office

LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Nick Stewart to its Louisville, Ky., office.

by Stites & Harbison, PLLC September 13, 2019
Trademarkology

The Trouble with THE

You may have heard by now that a certain Midwestern university that gets a lot of attention in this blog has filed an application to register the word THE as a trademark.

by John W. Scruton September 05, 2019
Trademarkology

Federal Trademark Protection for Products Containing Hemp-Derived Cannabidiol (CBD)

As more states begin legalizing marijuana, there remains substantial tension with federal law, under which marijuana is illegal.

by Summer E. Young Ph.D. August 29, 2019
Press Releases

Best Lawyers Names Six Stites & Harbison Attorneys as "Lawyer of the Year" for 2020

LOUISVILLE, Ky.—The Best Lawyers in America©, one of the oldest and most respected peer-review publications in the legal profession, has named six attorneys from Stites & Harbison, PLLC as “Lawyer of the Year” for 2020.

by Stites & Harbison, PLLC August 26, 2019
Trademarkology

SMOKEY BEAR

Seventy-five years ago this year, one of the most familiar public service images was created: Smokey Bear.

by Alexandra MacKay August 15, 2019
Trademarkology

New Examination Guide for Review of Specimens by US PTO

In its ongoing quest to preserve the integrity of the register, the United States Patent and Trademark Office (the “PTO”) has published new guidelines for the examination of specimens of use.

by Alexandra MacKay July 15, 2019
Events

China IP Road Show: Strategies for IP Protection in China - What Georgia Businesses Need to Know

Date: 7/18/19
Time: 8:30 a.m. - 5:00 p.m.

Georgia Institute of Technology, Scheller College of Business Room 100, 800 West Peachtree Street, N.W., Atlanta, GA 30308

Strategies for IP Protection in China - What Georgia Businesses Need to Know

Jeffery P. Langer Ph.D. July 03, 2019
Client Alerts

Finally U Can Trademark immoral or scandalous marks

On June 24, 2019, the United States Supreme Court struck down the Lanham Act’s ban on the registration of immoral or scandalous trademarks as a violation of the First Amendment.

by Mari-Elise Paul, and Alexandra MacKay June 26, 2019
Trademarkology

Terrific Trademarks?

Recently, you may have heard the news about Tom Brady, a somewhat well-known quarterback in the professional sport of American football. His company, TEB Capital Management, Inc., filed two trademark applications seeking registration of the mark TOM TERRIFIC, one for shirts and one for trading cards, posters, and photographs.

by Alexandra MacKay June 14, 2019
Events

Symposium on Global Markets - Nationalism and Protectionism: The United States in the International Arena

Date: 6/17/19 - 6/18/19

The Center for American and International Law, 5201 Democracy Drive, Plano, TX 75024

Alexandria office IP attorney Jeff Langer will be a panelist at this Symposium in Plano, Texas.

Jeffery P. Langer Ph.D. May 30, 2019
Client Alerts

Trademarks in Bankruptcy

Last week, in Mission Products, Inc. v. Tempnology, LLC, ___ U.S. ___, Case No. 17-1657 (May 20, 2019), the U.S. Supreme Court resolved a circuit split by clarifying the consequences of a bankruptcy debtor’s rejection of a trademark license when the bankruptcy debtor is the trademark licensor.

by Alexandra MacKay, Mari-Elise Paul, May 28, 2019
Client Alerts

Amazon Unveils Its Utility Patent Neutral Evaluation Procedure

Amazon has recently implemented a relatively inexpensive procedure to address allegations of patent infringement relating to products sold on the world’s largest e-commerce site.

by Joel T. Beres May 13, 2019
Press Releases

Chambers USA 2019 Honors Stites & Harbison

LOUISVILLE, Ky.—Chambers USA selected 16 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2019 guide.

by Stites & Harbison, PLLC May 08, 2019
Trademarkology

The College Admissions Scandal Crosses into Trademark Territory

By now you are no doubt familiar with the current college admissions scandal. After a few weeks of celebrities and other wealthy folks being embarrassed, being criminally charged, and pleading to those charges, a trademark issue finally surfaced in the popular press.

by John W. Scruton May 06, 2019
Events

Battery-Powered Medical Devices Market Trends & Opportunities

Date: 5/7/19
Time: 8:00 a.m. - 12:00 p.m.

Memphis Bioworks Foundation Auditorium, 20 Dudley Street #900, Memphis, TN 38103

IP attorney Sean Ritchie will join a panel of speakers discussing today's technological developments in medical diagnostics and prognostics at Memphis Bioworks Foundation in Memphis, Tennessee.

Sean P. Ritchie May 06, 2019