Intellectual Property Litigation

In today’s increasingly technology-driven business environment, intellectual property can be a true competitive differentiator. But intellectual property—in its various forms—can make a difference to all kinds of companies: large and small, innovating and following, goods-providing and services-providing, domestic and international.

Businesses need aggressive, knowledgeable advocates with the experience to vigorously protect and enforce their intellectual property and other rights, as well as to help them avoid infringing the rights of others.

Snell & Wilmer’s intellectual property and technology litigators have the breadth and depth of experience to help clients accomplish their business objectives in the litigation setting:

• Patent Litigation: Our patent litigators help clients protect and leverage their patent rights, defend against the infringement claims of others, work to establish a competitive marketplace position and, ultimately, provide value to owners/investors. We are experienced at all phases of patent litigation, from the counseling stage through sending (or responding to) the demand letter, through Markman proceedings, discovery, trial and appeal, as well as ancillary patent proceedings.
• Trademark and Unfair Competition Litigation: Our attorneys represent clients in litigation matters arising from the selection, protection and enforcement of company and brand names, slogans and trade dress for U.S. and worldwide markets. Our litigators represent clients in pursuing and defending claims of trademark and trade dress infringement, unfair competition, dilution, counterfeiting, cybersquatting, false endorsement and deceptive advertising.
• Trade Secrets Litigation: A company’s most valuable assets often include its confidential business information and the employees entrusted with this information. Our litigators have the experience to handle any trade secret matter – whether or not involving high technology – and frequently litigate cases involving misappropriation of trade secrets, restrictive covenants, employee and customer raiding, and departures of key employees.
• Creative Expression, Science, Technology and Complex Systems Litigation: Clients sometimes find themselves confronting unusual, complex litigation matters—often, but not always, involving creative expression, science or technology—that call for litigation counsel with the specific knowledge, experience and capacity to zero in on the central issues and develop and execute an effectively targeted litigation strategy that makes the most business sense for the client. We have handled many such matters for our clients including, among others, copyright infringement, data security breach, complex electronic discovery and Computer Fraud and Abuse Act matters.

We have represented clients ranging from entrepreneurs to Fortune 500 companies in matters involving an array of products and services across a wide variety of industries including, but not limited to, software, hardware, financial institutions, education, energy, biotechnology, consumer products, industrial equipment, restaurant and hospitality. Our experience in disputes, large and small, enables us to effectively tailor our representation to fit each particular client’s needs.

Specialized Knowledge: Our litigators include registered patent attorneys and former practicing engineers with degrees in the electrical, computer, chemical, mechanical, environmental, bioscience, systems software, civil and other engineering and scientific disciplines. Many are admitted to practice before the U.S. Patent and Trademark Office and admitted to practice before and experienced in appeals to the United States Court of Appeals for the Federal Circuit, which hears all appeals in patent litigation. Our lawyers meaningfully participate in a variety of professional organizations including various sections of the ABA, INTA, AIPLA and others, and teach at the university level as well.

Focus and Flexibility: Our attorneys know how to assess risk, perform audits and internal investigations, counsel clients and litigate cases when necessary. While each client’s decision whether to press forward to trial depends on a variety of client- and matter-specific considerations, we have found that our clients are best served by attorneys who stand ready, willing and able to take a case to trial if necessary.

Value Added: We work hard and work smart for our clients, of course. But we do more. We look for ways to apply lessons from individual litigation matters to optimize business outcomes generally, in future litigation matters and sometimes even in litigation avoidance. Our practice also maintains SWIPLit, a blog focused on providing relevant information regarding significant developments in intellectual property and technology litigation.