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
Main Contacts
See more related to Intellectual Property Litigation
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, and Erika R. Barnes 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 Melissa Hunter Smith and 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
Events

IIPCC's 3rd Annual Conference - The State of Innovation in the Union

Date: 5/6/19
Time: 12:00 p.m. - 5:00 p.m.

United States Capitol (US Capitol Visitors Center), First Street Northeast, Room SVC 209-08, Washington, DC 20004

Join panels of experts as we explore the state of innovation in the United States from the private, government, academic, and public perspectives.

Jeffery P. Langer Ph.D. April 30, 2019
Events

Intellectual Property Seminars

Date: 5/16/19 - 5/17/19

Marshall University, Huntington, W.Va.

Attorney Terry Wright will present three free intellectual property seminars focusing on 3-D designs and manufactured goods, pharmaceuticals and medical devices presented by the Marshall University Technology Transfer Office in Hunington, W.Va.

Terry L. Wright April 19, 2019
Press Releases

Stites & Harbison attorneys Robert Scully and Jeffery Langer honored by Super Lawyers for 2019

ALEXANDRIA, Va.—The 2019 editions of Virginia Super Lawyers and Washington DC Super Lawyers have honored attorneys Robert E. Scully, Jr. and Jeffery P. Langer, Ph.D., of the Alexandria, Va., office of Stites & Harbison, PLLC.

by Stites & Harbison, PLLC April 16, 2019
Trademarkology

US PTO Proposed Rule for Foreign Trademark Applicants and Registrants

The U.S. Patent and Trademark Office (the “PTO”) has proposed new rules that would require foreign trademark applicants and registrants to engage U.S. attorneys to prosecute applications, handle post-registration matters, and represent them before the Trademark Trial and Appeal Board.

by Alexandra MacKay April 12, 2019
Client Alerts

A Costly Reminder to Continually Re-Evaluate Your IP

The patent process can be frustrating and often involves a significant investment of time and money. As such, it may be tempting to assume that when the Patent Office issues a patent it is safe to assert your rights therein. However, as noted in a recent decision from the District Court for the District of Delaware, doing so may leave you on the hook for attorney’s fees.

by Sean P. Ritchie March 21, 2019
Trademarkology

Forfeiture and Collective Membership Marks

Most marks are either trademarks (used in connection with goods) or service marks (used in connection with services). But there are a few other kinds of marks.

by Alexandra MacKay March 20, 2019
Client Alerts

Supreme Court Throws Copyright Owners Curveballs

It is weeks away from opening day, yet the United States Supreme Court had its own pre-season double header of sorts this past Monday. The United States Supreme Court issued unanimous decisions in two copyright cases on March 4, 2019.

by Alexandra MacKay and Mari-Elise Paul March 06, 2019
Events

2019 Global IP Strategy Conference

Date: 3/15/19
Time: 9:00 a.m. - 6:00 p.m.

Sterne Kessler Offices, 1100 New York Avenue, NW, Suite 600, Washington, DC

IP attorney Jeffery Langer will be a featured speaker and panelist at the 2019 Global IP Strategy Conference in Washington, D.C.

Jeffery P. Langer Ph.D. February 06, 2019
Client Alerts

New Guidance from the USPTO Aims to Clarify Patent-Eligible Subject Matter Determination

On January 7, 2019, the USPTO released updated guidance on how Patent Examiners should determine whether an invention is directed to subject matter that is eligible for patent protection under 35 U.S.C. § 101.

by Sean P. Ritchie and Terry L. Wright January 15, 2019
Press Releases

Stites & Harbison Promotes Five Attorneys in 2019

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced today that five attorneys have been promoted within the law firm effective January 2019.

by Stites & Harbison, PLLC January 04, 2019
Press Releases

Kentucky Super Lawyers Honors 42 Stites & Harbison Attorneys for 2019

LOUISVILLE, Ky.—The 2019 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 33 attorneys to the Super Lawyers list and nine attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 07, 2018
Events

IP: Protecting and Enhancing Your Current and Future Success

Date: 12/17/18

Ideal Lab, 1/F, No. 5 Science Park West Avenue, Hong Kong Science Park

IP attorney Jeff Langer is a featured speaker at this seminar presented by IIPCC in Hong Kong.

Jeffery P. Langer Ph.D. November 29, 2018
Press Releases

Ten Stites & Harbison Attorneys Honored by 2018 Mid-South Super Lawyers

NASHVILLE, Tenn.—The 2018 edition of Mid-South Super Lawyers recently honored 10 Stites & Harbison, PLLC attorneys. Five attorneys were named to the Super Lawyers list and five were named to the Rising Stars list. Of...
by Stites & Harbison, PLLC November 27, 2018