Intellectual Property Litigation

Overview

Honigman’s IP department is home to a team of formidable intellectual property litigators. Our broad IP litigation experience includes plaintiff and defense side patent, trademark and unfair competition, copyright, and trade secret litigation, as well as licensing and other contractual disputes, and enforcement of confidentiality and noncompetition agreements. We regularly represent our clients before federal and state courts, the USPTO, the U.S. International Trade Commission, foreign administrative agencies, and alternate dispute resolution forums.

Our assembly of talented patent litigators, many with extensive trial and jury experience and all with in-depth knowledge of patent law, work together to maximize the value of our representation and to better help our clients achieve key goals. In addition to handling patent, copyright, trademark, trade secret, and unfair competition matters, we also have significant experience handling trademark opposition and cancellation proceedings as well as domain name, cybersquatting, and licensing and contractual disputes. We possess the scientific knowledge to handle an extensive range of substantive matters in areas including, but not limited to, mechanical engineering, electrical engineering, computer science, mathematics, physics, and material science.

Representative Matters

Patent and Trade Secret Litigation
  • Represented Johnson Controls in patent infringement action relating to rolling code/encryption technology; settled on the eve of trial after obtaining several favorable pretrial rulings on claim interpretation and antitrust allegations
  • Counseled 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
  • 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 1 automotive supplier in multi-district patent infringement litigation relating to wheel-cladding technology, successfully invalidated two patents at trial
  • Represented patent owner auto supplier in a patent infringement matter relating to fuel pump technology and associated false patent marking claims, including obtaining dismissal of antitrust claims and successful liability phase in trial in Texas
  • 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 defendant in patent infringement action involving LCD design and thin-film transistor manufacturing technology in Delaware, forcing the dismissal of one of two patents-in-suit based on an on-sale bar
  • 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
Trademark, Domain Name, and Copyright Litigation
  • 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
  • Represented large chemical company in trademark infringement and opposition actions in co-pending disputes in Ohio and Europe, resulting in successful global settlement
  • Reclaimed numerous domain names on behalf of Jaguar Cars Limited, Land Rover, and others in domain name arbitration actions

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