Honigman Miller Schwartz and Cohn LLP's Intellectual Property Practice Group has integrated the technical expertise and depth of a patent boutique with the litigation skills and resources of a large general practice firm. Our intellectual property litigators are first and foremost trial lawyers, having handled cases around the country in federal courts, private arbitrations and administrative agencies such as the United States Patent and Trademark Office and the International Trade Commission.
Our experience includes patent, trademark, and copyright infringement actions; cybersquatting and domain name UDRP actions; trade secret and unfair competition litigation; licensing and other contractual disputes; enforcement of confidentiality and non-competition agreements; and trademark opposition and cancellation proceedings.
Eleven of our attorneys possess advanced scientific degrees. This internal knowledge allows us to handle a broad range of matters such as mechanical and electrical engineering, molecular and plant biology, biochemistry, chemistry, physics, materials science, computer science, and mathematics. Our expertise has enabled us to cost-effectively represent clients in a variety of industries, including automotive, food and beverage, consumer goods, pharmaceutical, biotechnology, media and entertainment, advertising, e-commerce, analytical equipment, consumer electronics and software.
Representative Patent and Trade Secret litigation experience:
- Defended Johnson Controls in a three-week patent infringement trial involving its HomeLink® universal garage door opener system and encryption technology, resulting in invalidating several patents and a nominal verdict against JCI on the remaining patent claim.
- Defended tier one automotive supplier in multi-district patent infringement litigation relating to wheel cladding technology. Successfully invalidated two patents at trial.
- Successfully represented patent owner TI Automotive in a patent infringement matter relating to fuel pump technology and related false patent marking claims, including obtaining dismissal of antitrust claims and successful liability phase patent trial in Texas.
- Represented Johnson Controls in patent infringement action relating to rolling code/encryption technology. Settled on the eve of trial after obtaining several favorable pre-trial rulings on claim interpretation and antitrust allegations.
- Defended a major glass manufacturer in a patent infringement case in Delaware involving sputter coating technology.
- Defended a major glass manufacturer in a patent infringement case in Delaware involving acoustic glass for windshields.
- Represented the University of Michigan in discrimination claim arising out of failure to pursue patent filings for plaintiff. Patents at issue related to methods used to introduce genetic material, such as DNA to embryos.
- Represented defendant in patent infringement action involving LCD design and thin-film transistor manufacturing technology in Delaware. Forced the dismissal of one of two patents-in-suit based on an on-sale bar.
- Represented a publicly-traded computer systems developer on the validity of its patents for caching instructions for microprocessors. Litigated a case involving the functionality and quality of CAD/CAM source code software.
- Represented Active Power, a publicly-traded energy company in Austin, Texas, against allegations that Active Power’s cutting-edge superconductor and kinetic energy storage devices were based on technology developed by others.
- Defended Metalloid and its owners in trade secrets litigation brought by a Fortune 500 company which resulted in a no liability verdict from the jury.
Representative Trademark, Domain Name and Copyright litigation experience:
- Defended major film studio in six-week copyright infringement trial involving allegations of movie script infringement.
- Represented Seattle’s Best Coffee in trademark and copyright infringement litigation in California, resulting in a favorable preliminary injunction and damages award.
- Obtained dismissal, and substantial sanctions award, on behalf of major music publishing company accused of copyright infringement.
- Represented Land Rover in trademark infringement and cybersquatting litigation in Florida resulting in a favorable consent judgment.
- Obtained dismissal for Activision Publishing of injunction proceeding by a musical group alleging infringement of copyright and right of publicity in the use of "cover" recording of famous song in Activision's "Guitar Hero" video game.
- Obtained summary judgment for Fox, Inc. and ABC Television Network of claim that television series infringed plaintiff's treatment for a similar television series. The court held that defendants' show was the product of "independent creation," and not copyright infringement.