Intellectual Property Litigation

Here at Williams Mullen, many of our attorneys have developed particular proficiency in patent law and litigation and trademark law and litigation, as well as copyright infringement litigation. Our intellectual property attorneys have represented parties in IP litigation at the administrative, trial and appellate levels, in courtrooms across the country - from Florida to New York and from Virginia to California. Williams Mullen’s IP attorneys have published numerous articles and newsletters regarding intellectual property issues in litigation and also actively participate in local, state, and national bar organizations that focus on intellectual property litigation.

Here at Williams Mullen, many of our attorneys have developed particular proficiency in patent law and litigation and trademark law and litigation, as well as copyright infringement litigation. Our intellectual property attorneys have represented parties in IP litigation at the administrative, trial and appellate levels, in courtrooms across the country - from Florida to New York and from Virginia to California. Williams Mullen’s IP attorneys have published numerous articles and newsletters regarding intellectual property issues in litigation and also actively participate in local, state, and national bar organizations that focus on intellectual property litigation.

A Team of IP Law and IP Litigation Experts
Our team’s abilities in specialized areas of intellectual property law are complemented by the breadth of our knowledge and experience in franchise and licensing matters, bankruptcy law, and trade secret, antitrust, defamation, conspiracy, and unfair competition claims and matters before the U.S. Patent and Trademark Office. Our attorneys are experienced commercial litigators who combine broad litigation experience with specialized technology and intellectual property experience.

Our experience and capabilities include substantial engagements in the following areas:

• Patent, trademark and copyright infringement litigation
• Trade secret misappropriation and unfair competition litigation
• Antitrust and unfair trade practices litigation
• Section 337 trade litigation before the International Trade Commission
• Inter partes proceedings before the U.S. Patent and Trademark Office and the Trademark Trial and Appeal Board
• State and federal court litigation involving claims of breach of technology contracts and engagements
• Ex parte appeals from decisions of the U.S. Patent and Trademark Office

A Creative, Effective Approach to IP Litigation Strategies
Williams Mullen IP attorneys design creative and effective litigation strategies that meet our clients’ business goals while also protecting their proprietary intellectual property. Whatever the engagement, our goal is the same – to understand our client’s needs and goals fully; to evaluate and advise our clients with respect to relevant litigation decisions and their implications; and to assist our clients in developing and implementing creative strategies to meet those needs and goals in an efficient and cost-effective manner.

Representative Experience

• Represented trademark owners (including numerous national franchise organizations) in obtaining injunctive and monetary relief for infringement of federal and state trademark rights, including the use of trademarks on the Internet and via hidden “meta tags” and hyperlinks. 
• Represented client in matters involving the cancelation of registered trademarks and have prosecuted and defended trademark cancellation and opposition proceedings at the Trademark Trial and Appeal Board. 
• Appeared before the United States Court of Appeals for the Federal Circuit, most recently in a patent case briefing and arguing an appeal of a judgment of non-infringement and partial invalidity.
• Defended an outdoor furniture manufacturer against multiple patent infringements. 
• Received a confidential settlement on behalf of a celebrity whose photos were used without permission or approval. 
• Represented Sprint Nextel in their defense of a patent infringement suit brought by NTP in the Eastern District of Virginia. 
• Represented  an international supplier of custom framing in litigation against a competitor for a trade dress infringement and unfair competition. 
• Represented  a plant engineer against his employer, a large national food packaging manufacturer, for enforcement of shop rights for a patented invention. 
• Represented  plaintiffs in copyright infringement litigation involving musical copyrights, and regarding the distribution of clip art over the Internet. 
• Defended and then settled a claim for service mark infringement by one of the nation’s largest transportation companies against a regional freight forwarder, which included a purchase of client’s rights to the disputed mark. 
• Represented the seller of a trademark in a breach-of-contract action against the purchaser, where the arbitration resulted in a six-figure award. 
• Defended and structured a settlement for a large sports equipment distributor being sued by various manufacturers in multiple jurisdictions for alleged grey market and counterfeit imports. 
• Defended an electronic messaging system manufacturer in a patent litigation case, structuring a settlement whereby patent holder agreed to refrain from suing our client for any future patents related to the patent-in-suit. 
• Represented  a major Virginia municipality in defending a patent infringement claim, ultimately negotiating a de minimis payment to settle the claim. 
• Represented  a national retailer in litigation arising from the licensing of certain software crucial to the company. 
• Defended a media production facility against a claim by a multi-national entity, and established new law in Virginia regarding the scope of jurisdiction obtained from Internet activities. 
• We represented a Fortune 500 company in terminating an overdue, over- budget software development contract with a multi-national software company. 
• Represented  a manufacturing equipment broker in asserting copyright infringement of its promotional materials by a competitor, and obtained immediate relief. 
• Obtained preliminary injunctive relief against a footwear distributor, to enforce a manufacturer’s design patents. 
• Represented a healthcare software company in a dispute with a supplier. 
• Representation of numerous entities in enforcing non-compete and confidentiality agreements against former employees.