Intellectual Property Litigation
SBP attorneys are experienced intellectual property litigators who represent clients in federal district courts throughout the United States, including the District of Delaware, the Central, Northern, and Southern Districts of California, the District of New Jersey, and the Eastern District of Texas. Our attorneys have served startups and mid-sized companies in make-or-break cases and large brand-name companies with billion-dollar products. In addition to patent and copyright infringement, trademark and unfair competition, and trade secret misappropriation litigation, the SBP IP team also represents clients in IP-related commercial disputes, such as licensing disputes.
Clients choose SBP for patent infringement matters because of the IP team’s experience and expertise in translating even the most complex aspects of a client’s technology into precise, understandable, manageable concepts for a judge or a jury. We represent both patent owners and accused infringers in popular patent venues throughout the United States. Past representations have involved various technologies, including gaming software, augmented reality, cosmetics, medical devices, electronics, water purification, telecommunications, Hatch-Waxman, semi-conductors, medical diagnostics, pharmaceuticals, antibody treatments, and cultured cells.
In addition, SBP IP attorneys have extensive experience before the U.S. PTO’s Patent Trial and Appeal Board (PTAB). After passage of the America Invents Act, the normal course in patent litigation is for the accused infringer to file an inter partes review or post grant review petition with the PTAB. Such petitions have proven to be a powerful weapon for attacking the invalidity of patents. SBP IP attorneys are very familiar with PTAB rules and practice and have an enviable record of success in such proceedings. For example, when representing patent owners, SBP attorneys have repeatedly been able to convince the PTAB to not institute (or begin) IPR/PGR proceedings because of defects in the underlying petitions.
SBP IP attorneys also handle other kinds of IP litigation for clients involving copyrights, trade secrets, and trademarks/trade dress. Whether representing copyright holders or parties accused of infringing copyrights, SBP IP attorneys bring a unique combination of expertise and tenacity. Temporary restraining orders or preliminary injunction requests are frequent in this space. Knowing how to obtain such relief or how to defend against such requests is paramount. Similarly, trade secret disputes can be among the most contentious, often arising out of joint ventures, partnerships and confidential relationships with employees, customers, or vendors. We bring expertise in common law, state statutes and federal statutes governing trade secret misappropriation and help our clients find practical solutions. Yet another aspect of the IP litigation practice involves legal disputes relating to trademarks, trade dress, and false advertising. The SBP IP team is well versed in salient aspects of the Lanham Act; Federal Trade Commission Act; Food, Drug & Cosmetics Act; and state unfair competition and false advertising laws.
SBP IP attorneys also have a wealth of experience handling IP-related legal disputes. We represent businesses and individuals in claims of breach of contract arising from various IP agreements involving patents, copyrights, trademarks, trade secrets, and non-disclosure agreements.
Advice and Counseling
Clients regularly seek out the SBP IP team for advice and counseling services. As experienced IP litigators, our attorneys can provide key insights that will help to mitigate the risk and expense of future litigation. For example, clients embarking on an out-licensing program may work with our attorneys to develop a strategic pricing plan and to create a custom license template to carry-out that strategy.
REPRESENTATIVE EXPERIENCE
Clients choose SBP for patent infringement matters because of the IP team’s experience and expertise in translating even the most complex aspects of a client’s technology into precise, understandable, manageable concepts for a judge or a jury. We represent both patent owners and accused infringers in popular patent venues throughout the United States. Past representations have involved various technologies, including gaming software, augmented reality, cosmetics, medical devices, electronics, water purification, telecommunications, Hatch-Waxman, semi-conductors, medical diagnostics, pharmaceuticals, antibody treatments, and cultured cells.
In addition, SBP IP attorneys have extensive experience before the U.S. PTO’s Patent Trial and Appeal Board (PTAB). After passage of the America Invents Act, the normal course in patent litigation is for the accused infringer to file an inter partes review or post grant review petition with the PTAB. Such petitions have proven to be a powerful weapon for attacking the invalidity of patents. SBP IP attorneys are very familiar with PTAB rules and practice and have an enviable record of success in such proceedings. For example, when representing patent owners, SBP attorneys have repeatedly been able to convince the PTAB to not institute (or begin) IPR/PGR proceedings because of defects in the underlying petitions.
SBP IP attorneys also handle other kinds of IP litigation for clients involving copyrights, trade secrets, and trademarks/trade dress. Whether representing copyright holders or parties accused of infringing copyrights, SBP IP attorneys bring a unique combination of expertise and tenacity. Temporary restraining orders or preliminary injunction requests are frequent in this space. Knowing how to obtain such relief or how to defend against such requests is paramount. Similarly, trade secret disputes can be among the most contentious, often arising out of joint ventures, partnerships and confidential relationships with employees, customers, or vendors. We bring expertise in common law, state statutes and federal statutes governing trade secret misappropriation and help our clients find practical solutions. Yet another aspect of the IP litigation practice involves legal disputes relating to trademarks, trade dress, and false advertising. The SBP IP team is well versed in salient aspects of the Lanham Act; Federal Trade Commission Act; Food, Drug & Cosmetics Act; and state unfair competition and false advertising laws.
SBP IP attorneys also have a wealth of experience handling IP-related legal disputes. We represent businesses and individuals in claims of breach of contract arising from various IP agreements involving patents, copyrights, trademarks, trade secrets, and non-disclosure agreements.
Advice and Counseling
Clients regularly seek out the SBP IP team for advice and counseling services. As experienced IP litigators, our attorneys can provide key insights that will help to mitigate the risk and expense of future litigation. For example, clients embarking on an out-licensing program may work with our attorneys to develop a strategic pricing plan and to create a custom license template to carry-out that strategy.
REPRESENTATIVE EXPERIENCE
- Represented plaintiffs in patent, trade secret and breach of contract action against very large multinational cosmetics company; favorable claim construction led to summary judgment of infringement, and a trial verdict totaling $91.3M.
- Successfully defended two consumer product patents before the PTAB in a series of five PGR petitions.
- Represented defendant in a patent infringement action brought in the Northern District of California relating to electronics.
- Defended a major LED lightbulb manufacturer against charges of patent infringement brought in the Northern District of California.
- Represented telecommunications company accused of infringing patents on cross-polarization interface.
- Represented a major generic pharmaceutical company in the Northern District of California in Hatch-Waxman litigation for the transplant drug VALCYTE.
- Represented name brand pharmaceutical company in Hatch-Waxman case involving liquified pain medication which resulted in successful postponement of generic product release.
- Represented name brand pharmaceutical innovator in multidefendant Hatch-Waxman patent litigation directed to a patented drug release platform for pyloric retention of pain relief medication to successfully defer marketing of generic drug.
- Represented international pharmaceutical in high profile case defending antibody-based cholesterol treatment resulting in successful defense of patent and finding of infringement.
- As lead counsel, obtained favorable claim construction in the District of Minnesota that led to summary judgement of no infringement in patent infringement action involving structural heart devices.
- Successfully defended two augmented reality patents before the PTAB and achieves non-institution decisions as to both IPR petitions.
- Defended a privately held medical device manufacturer in the Northern District of Illinois and succeeded in obtaining summary judgment of patent invalidity.
- Represented a stent-graft manufacturer accused in the Northern District of California in a multi-patent infringement suit and obtained a summary judgment of no infringement as to four patents.
- Represented international provider of diagnostic technology in a patent infringement claim involving tuberculosis testing.
- Represented major provider of research and clinical diagnostic products in the International Trade Commission from patent infringement concerning a genetic screening product.
- Represented a major genetic screening lab accused of infringing digital PCR patent.
Represented the plaintiff, a leading manufacturing of diabetic lancing products, in patent infringement action brought in the Central District of California. - Represent an early developer of augmented reality technology in a patent infringement brought in the Northern District of California against a Google spin-out.
- Represented a pioneering immunotherapy products company in a patent inventorship litigation brought in the Southern District of California.
- Defended leading consumer products company in patent inventorship challenge brought in the District of Delaware.
- Represented major chemical company in patent inventorship dispute relating to color plastic laminates.
- Represented patent holder in inventorship dispute on stem-cell-based neural degeneration treatment.
- Represented innovator in water purification technology against infringing competitor in patent infringement litigation.
- Represented international defendants in copyright infringement action brought in the Eastern District of Texas, including defending against request for Temporary Restraining Order and Preliminary Injunction, and ultimately resolved the case shortly after it was filed.
- Represented musicians in copyright infringement action brought in the Central District of California against major independent music label.
- Represented workspace company in trademark dispute.
- Represented brewery in right of personality case.
- Represented biotechnology solutions company in Maryland state court action relating to breach of cell-line license.
- Represent cell-line licensing company in California state court action (Los Angeles County) relating to breach of license agreement.
- Represented a patent sublicensee in a breach of contract action brought in California state court (San Diego County); case dismissed with prejudice.