Intellectual Property Litigation



Our IP Litigation team leverages deep technical and legal experience to help clients protect their innovations and maintain their competitive advantage.

Our approach

There’s been a big increase in recent years in the number of cases filed by non-practicing entities. And, with the rise of social media, companies are increasingly concerned about their ability to protect their trademarks, copyrights, and trade secrets. In light of these trends, companies are more motivated than ever to safeguard their intellectual property.

Our clients operate in a fiercely competitive marketplace. We help them stay two steps ahead of the competition while vigorously protecting their business interests.

In the high stakes world of intellectual property litigation, where the technology at issue can be intricate and complex, we understand that communication with the judge, jury, or other neutral arbiter is critical. Our attorneys excel at communicating complicated concepts of fact and law in a clear and persuasive manner. We’re at the forefront of counseling and litigating cases, and devising innovative legal strategies to help our clients protect their intellectual property and further their competitive advantage.

Who we work with

  • High tech companies
  • Life sciences companies
  • Financial institutions
  • Manufacturers spanning a wide variety of industries
  • Universities

Representative Patent Litigation Matters

  • Kenexa BrassRing Inc. v. Taleo Corp. and Vurv Technology, Inc. (D. Del.) After two days of jury trial in federal court, our team of IP litigators settled a case for recruiting software maker Taleo Corporation in a patent infringement case brought by Kenexa, its main competitor. Because the trial dealt exclusively with invalidity, Taleo was effectively the plaintiff and went first.  The case settled and the confidential terms of the settlement are global, resolving seven different actions between Taleo and Kenexa; we also won an appeal of an inter partes reexamination before the United States Patent and Trademark Office’s Board of Patent Appeals with respect to one of the patents.
  • Geotag v. Frontier Communications (E.D. Tex.) Represented 29 defendants in this matter in which 450 defendants were accused of patent infringement by a non-practicing entity. Our clients were among the world’s leading consumer brands. IP Law 360 previously referred to this case as “the largest current patent troll litigation.”
  • Tierra Telecom, Inc. v. Level 3 Communications (W.D.N.Y.) Represented Level 3 Communications, et al in patent infringement case involving VoIP. Successfully transferred case from E.D. Virginia to W.D.N.Y. Settled the case on very favorable terms.
  • Cummins-Allison Corp v. Shinwoo Information and Telecommunications Co., Ltd., (U.S. Court of Appeals for the Federal Circuit) Represented the plaintiff in a patent infringement case accusing SBM and Amro of infringing a Cummins-Allison patent.  Successfully proved infringement and Cummins-Allison was awarded $12 million in lost profit damages from the defendant SBM and Amro and an additional $970,000 in prejudgment interest – as well as a permanent injunction preventing future sales, importation, and marketing of the infringing products in the United States.  Cummins cross-appealed a finding of invalidity of one of its patents.  Appellate court upheld lower court's ruling against defendants and reversed one of the lower court’s invalidity rulings, finding instead in favor of Cummins-Allison.
  • DNT LLC v. Sprint Spectrum, LP et al. (E.D. Va.) Achieved a complete defense victory for our client Sierra Wireless and its 3G wireless network customer.  Following a ten day trial, the eight jurors returned a unanimous verdict of patent non-infringement and invalidity confirming all of the asserted defenses.
  • Represented the plaintiff, a well-known medical device company, in a patent infringement matter related to medical devices used in surgical procedures. Obtained a jury verdict in favor of our client and the patents in suit were found to be valid and infringed. Client was awarded damages including a 16% royalty.

Representative Trademark Litigation Matters

  • Fashion Institute of Technology v. FIT Market Corp. (S.D.N.Y.) Obtained favorable settlement in trademark infringement matter on behalf of our client, Fashion Institute of Technology.
  • Ford Motor Company v. O’Brien Parts, Inc., d/b/a Shamrock Parts, and Richard P. O’Brien, Jr. (D. Mass.) Obtained an ex parte seizure order of counterfeit goods resulting in an entry of a stipulated permanent injunction on behalf of plaintiff.
  • Carefirst of Maryland, Inc. v. First Care, P.C. (E.D. Va.) Obtained summary judgment of non-infringement on behalf of First Care. Successfully represented First Care on appeal affirming district court’s summary judgment decision.
  • Ciphertrust, Inc. v. Trusecure (Cybertrust) (E.D. Va.) Represented Cybertrust, one of the world’s largest IT security companies, in trademark action brought by CipherTrust. Obtained judgment of non-infringement following trial.
  • CSC Brands, LP and Campbell Soup Company v. National Harvest Food Group LLC (D. Del.) Represented defendants after plaintiffs filed a declaratory judgment action seeking a ruling of non-infringement with respect to their line of FULLY LOADED Campbell Soup products.  In response, we filed a counterclaim for trademark infringement and unfair competition.  Case settled favorably for our client.

Representative Copyright Litigation Matters

  • Biscotti, Inc. v. Target Corporation (N.D. Cal.) Represented Biscotti in a copyright infringement suit involving the design on fabric used to make children's swim wear. Case settled.
  • Wolk v. Kodak Imaging Network, Inc., et al. (S.D.N.Y.) Achieved a summary judgment victory for our clients, Kodak Imaging Network, Inc. and Eastman Kodak Co. in copyright infringement matter.  Currently representing the defendants on appeal.
  • Pinnacle Pizza Co. v. Little Caesar Enterprises (D.S.D.) Obtained summary judgment in favor of pizza franchisor Little Caesar Enterprises, Inc. in a copyright and trademark infringement dispute. Successfully represented Little Caesar Enterprises on appeal affirming the district court's decision.
  • Nearstar, Inc. v. Waggoner, et al. (E.D. Tex.) Represented defendant ASE Technologies in a copyright infringement matter involving allegations of trade secret misappropriation, breach of contract, tortious interference, and civil conspiracy related to a document management system. Case settled.

Breville USA alleges patentable juicer design was used without authority

Northern California Record | December 06, 2016

San Francisco commercial litigation partner Bruce Copeland and associate Shady Joulani are noted as Breville USA Inc.’s counsel in a patent infringement case before the Northern District of California.

ITA Spotlight: Russ Genet

illinoistech.org | December 05, 2016

Russ Genet was featured in a Q&A discussing the firm's IP practice nationally and in the Chicagoland region.

Justices struggle with cheerleader uniform case that holds big implications for fashion

Forbes | October 31, 2016

This story discusses a Supreme Court case about whether design elements on a cheerleader uniform can have intellectual property protection. Los Angeles partner and fashion practice leader Staci Riordan talks about the potential impact of this case on the fashion industry.

Feud in fashion

Los Angeles Business Journal | October 28, 2016

Los Angeles partner and fashion practice leader Staci Riordan is quoted in this article about SCOTUS case Star Athletica v. Varsity Brand, which could have major implications for the Los Angeles region’s fashion industry.

Rainmaker Q&A: Nixon Peabody's Jeffrey Costellia

Law360 | September 07, 2016

This profile features Washington, DC, partner, chair of the Global Strategies Committee and lead of IP Counseling & Transactions, Jeff Costellia. The Q&A showcases his focus on client service and he offers advice to new attorneys building their practices.

The Healing Power of AI

Tech Crunch | August 12, 2016

Silicon Valley IP litigation associate Erik Birkeneder authored this article about how deep learning algorithms can have the potential to improve medical diagnostics and care.

Robotext Class Defendants May Benefit from Multi-District Consolidation Approach

Bloomberg BNA Privacy Law Watch | June 14, 2016

TCPA team co-leader and Boston IP litigation associate Troy Lieberman is quoted in this piece discussing considerations companies should address when facing multiple Telephone Consumer Protection Act class actions.

4 Times To File A Continuation Patent Application

Law360 | March 17, 2016

Silicon Valley IP litigation partner Jennifer Hayes provides third-party commentary throughout this article about when to file a continuation patent application.

#FreeKesha Puts a Legal Battle in a Public Spotlight

NPR | February 23, 2016

Los Angeles partner Julian Petty is quoted in this story discussing the #FreeKesha movement supporting the pop singer as she fights her recording contract with Sony. Throughout the piece, he provides third-party commentary on how public support is playing into the legal battle. Click here to read the full article.

On the Move

The Recorder | February 05, 2016

This coverage notes Silicon Valley IP litigation partner Jennifer Hayes election to the partnership news.

Can an Applicant With a Criminal History Buy a Franchise?

The Legal Intelligencer | January 22, 2016

New York City partner Craig Tractenberg authored this column discussing whether a potential franchisee can purchase a franchise with a criminal history.

Can Discount Prices Get Retailers Into Trouble?

Apparel News | January 21, 2016

Los Angeles partner and Fashion practice group leader Staci Riordan provides third-party commentary in this piece about an increasing number of class-action lawsuits against big-name department stores over markdowns allegedly made on “false” original prices.

Shout-Out: Nixon Peabody Scores Win for Planet Fitness in Transgender Locker Room Suit

American Lawyer Litigation Daily | January 13, 2016

This feature story highlights the firm’s efforts securing a dismissal of transgender locker room policy lawsuit for client Planet Fitness. The Boston team of partner Art Pressman and associate Troy Lieberman are noted as counsel.

Get Ready For EU Unified Patent Court and Unitary Patent

Law360 | January 08, 2016

San Francisco IP litigation partner Ron Lopez and Silicon Valley IP litigation associate Jennifer Hayes co-authored this column on the new single Unified Patent Court with jurisdiction over European patents.

Notorious B.I.G. estate gets copyright infringement lawsuit tossed

Reuters | December 23, 2015

Nixon Peabody is mentioned in this feature article for our representation of Warner Music Group, EMI Music Publishing, Big Poppa Music, Bad Boy Records and the estate of The Notorious BIG. Our team—led by partners Staci Riordan and Julian Petty—won a dismissal of copyright infringement claims involving BIG’s 1994 debut album. Associates Neal Gauger and Seth Berman were part of the legal team. Click here to read the full article.

Warner, Notorious BIG Estate Duck Songwriter's IP Suit

Law360 | December 22, 2015

Partners Staci Riordan and Julian Petty and associates Neal Gauger and Seth Berman are mentioned in this article for their representation of Warner Music Group, EMI Music Publishing, Big Poppa Music, Bad Boy Records and the estate of Notorious BIG in a case focused on alleged copyright claims involving BIG’s 1994 debut album. Staci provides commentary. Click here to read the full article.

Michelle Lee Steers USPTO Through Choppy Waters

Law360 | December 09, 2015

San Francisco IP Litigation partner Ron Lopez is quoted in this profile of U.S. Patent and Trademark Office Director Michelle Lee.

4 Ways to Knock Out a Frivolous Patent Suit in East Texas

Law360 | November 09, 2015

San Francisco IP Litigation partner Ron Lopez provides commentary in this feature story on how to beat a frivolous patent case in the U.S. District Court for the Eastern District of Texas which is known for being a difficult challenge.

New Bill Seeks to Level Playing Field for Franchisees

The Legal Intelligencer | October 23, 2015

New York City IP Litigation partner Craig Tractenberg authored this column discussing a new bill intended to establish “responsible franchise practices” and level the playing field for franchisees.

Protecting attorney-client privilege in asset sales

Chicago Daily Law Bulletin | October 15, 2015

Chicago IP Counseling & Transactions partner Janet Garetto and Chicago IP Litigation partner Russ Genet co-authored this column on protecting the valued attorney-client privilege. Click here to read the full article.

Protect your consumers' privacy from mass telemarketing

Rochester Business Journal | October 09, 2015

This column explains the Telephone Consumer Protection Act (TCPA), the risks to businesses, and how businesses can avoid TCPA liability. Corporate transactions partner Jeff LaBarge, commercial litigation associate Dan Deane and IP litigation associate Troy Lieberman collaborated on the piece.

RevoLaze Drops Lawsuit Against Hennes & Mauritz

California Apparel News | October 08, 2015

Los Angeles partner and leader of our fashion practice Staci Riordan is quoted in this article discussing a dropped legal action against her client, fashion retailer Hennes & Mauritz (H&M). Staci is quoted in the piece expressing H&M’s confidence that the retailer would have won the lawsuit as it did not infringe on RevoLaze’s laser technology used to distress jeans.

Are Patent Trolls Taking Over the Fashion Industry?

Fortune | October 07, 2015

Partner and leader of the firm’s fashion team Staci Riordan provides commentary in this feature story discussing how the fashion industry—especially textile companies—are dealing with copyright infringement lawsuits.

State, Federal Law Differ on Franchisors as Joint Employers

The Legal Intelligencer | September 30, 2015

New York City IP litigation partner Craig Tractenberg authored this column discussing differences in state and federal law related to franchisors as joint employers.

Fashion Week gets down to business with show, expert

Democrat & Chronicle | September 29, 2015

Los Angeles partner and leader of the firm’s Fashion team Staci Riordan is featured in this column on the legal side of the fashion industry.

Planet Fitness asks Beale to dismiss Cormier's suit

Midland Daily News | September 26, 2015

Boston Franchise partner Art Pressman is noted as counsel for Planet Fitness parent company, Pla-Fit Franchise LLC, in its efforts to dismiss a lawsuit involving the gym’s transgender-friendly locker room policy.

Fed. Circ.'s Apple Ruling Makes Patent Injunctions Easier

Law360 | September 17, 2015

Silicon Valley IP Litigation partner Shawn Hansen discusses a federal patent-infringement decision and how it could now be easier for patent owners to secure injunctions in disputes over complicated technology and boost their bargaining power in settlement negotiations.

Think Before You Hit ‘Send'

New Hampshire Business Review | September 04, 2015

Manchester Commercial Litigation associate Dan Deane and Boston IP Litigation associate Troy Lieberman co-authored this column discussing what businesses need to know about the Telephone Consumer Protection Act.

Collecting Fees Still Tough After Octane, Highmark Cases

Law360 | August 28, 2015

Silicon Valley IP Litigation partner Shawn Hansen provides commentary in this article discussing how two Supreme Court rulings have helped accused patent infringers gain leverage to resolve weak cases earlier and get attorneys' fees awarded.

Nautilus Standard Used by CAFC to Overturn Pre-Nautilus Patent Indefiniteness Judgment

BNA's Patent, Trademark & Copyright Journal | March 11, 2015

Silicon Valley IP Litigation partner Shawn Hansen and Chicago IP Counseling & Transactions partner Paul Kitch discuss the Federal Circuit’s precedential opinion reversing a district court's judgment of patent claim invalidity for indefiniteness since the Supreme Court's Nautilus decision.

Growing Potential for P3 Infrastructure Development in Cuba

Law360 | January 30, 2015

Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon and Washington, DC, IP Litigation staff attorney Diana Vilmenay authored this column on the potential impacts of new developments in U.S./Cuba relations on Cuban infrastructure growth.

Lawyers Weigh in on High Court Claim Construction Ruling

Law360 | January 20, 2015

Silicon Valley IP Litigation partner Shawn Hansen and Chicago IP Counseling & Transactions partner Paul Kitch discuss the U.S. Supreme Court’s decision to cast aside the Federal Circuit's long-standing rule that all district court claim construction rulings must be reviewed anew on appeal.

Life Sciences Cases to Watch in 2015

Law360 | January 02, 2015

Boston IP Litigation and Life Sciences partner Maia Harris is quoted in this feature article on what to watch in life sciences in 2015.

Novelty Textile Wins Major Case Over Fabric Design Copyright

California Apparel News | November 26, 2014

Los Angeles IP Counseling & Transactions partner Staci Jennifer Riordan provides commentary in this article on fashion copyright infringement.

Keep Your Company's Trade Secrets from Walking Out Your Door

Rochester Business Journal | November 21, 2014

Rochester M&A and Corporate Transactions partner Jeff LaBarge and Rochester Commercial Litigation associate Terence Robinson collaborated on this column discussing 10 practical ideas to safeguard trade secrets.

Credit Card Information Security Issues in Franchising

The Legal Intelligencer | October 31, 2014

New York City partner and leader of the firm’s Franchise & Distribution practice Craig Tractenberg and Washington, DC, IP Litigation and Franchise & Distribution associate Keri McWilliams authored this piece discussing important data security issues for the franchise industry.

Post-Pom Distinctions May Not Stop Lanham Act Claims

Law360 | October 27, 2014

Boston IP Litigation partner Maia Harris, Boston Commercial Litigation partner Fred Kelly and Boston Government Investigations & White Collar Defense law clerk Charles Dell'Anno authored this article discussing the application of the U.S. Supreme Court’s decision in Pom Wonderful LLC v. The Coca-Cola Company to Lanham Act challenges related to drug labeling and marketing.

New Ammo for Apple in Patent Trial

Daily Journal | October 08, 2014

San Francisco IP Litigation partner Ron Lopez provides commentary in this feature story on the ongoing patent trial involving Apple.

Nixon Peabody Nabs Fox Rothschild's Fashion Law Head

Law360 | October 07, 2014

This feature story highlights the arrival of Los Angeles IP Counseling & Transactions partners Staci Jennifer Riordan and Julian Petty. The coverage notes that Staci Jennifer will lead our fashion law team after having spearheaded Fox’s group and Julian will focus his practice on providing strategic career and business guidance to clients in the music, TV, film, new media and book publishing industries.

Antique Car Dealer Taking the Low Road by Infringing Songs, Suit Says

Westlaw Journal | September 08, 2014

This coverage highlights Freeplay Music Inc. v. Streetside Classics—a lawsuit over alleged use of copyrighted songs. Partner and leader of the IP Litigation practice Jason Kravitz and Long Island Commercial Litigation associate Seth Berman are noted as plaintiffs’ counsel.

Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

Law360 | July 25, 2014

Buffalo Commercial Litigation associate Tracey Ehlers, Buffalo Commercial Litigation partner Viv Quinn, and Chicago IP Counseling & Transactions partner Janet Garetto discuss federal courts’ increased attention to the ascertainability of class members especially in the food and beverage industries where consumers do not typically retain receipts.

Life After Aereo: TV Startups Continue With Little Worry

Mashable | July 09, 2014

Boston IP Litigation partner Gina McCreadie provides commentary in this feature story discussing the state of the TV startup industry after the U.S. Supreme Court’s decision about the streaming service Aereo.

Lawyers Weigh In On Supreme Court's Aereo Ruling

Law360 | June 30, 2014

The U.S. Supreme Court’s decision in American Broadcasting Companies Inc. et al. v. Aereo Inc. is discussed by industry attorneys including Boston IP Litigation partner Gina McCreadie.

Fed. Circ. May Ditch Rigid Stance after High Court Reversals

Law360 | June 27, 2014

Silicon Valley IP Litigation partner Shawn Hansen discusses the U.S. Supreme Court's repeated reversals of patent decisions by the Federal Circuit.

Supreme Court Decision in ABC v. Aereo

WBZ-AM (Boston CBS News) | June 25, 2014

In this radio segment, Boston IP Litigation partner Gina McCreadie discusses the U.S. Supreme Court’s decision in American Broadcasting Companies Inc. et al. v. Aereo Inc.

After Supreme Court Ruling, Here are Aereo's Best Options

Boston Business Journal | June 25, 2014

Following the U.S. Supreme Court’s decision in American Broadcasting Companies Inc. et al. v. Aereo Inc., Boston IP Litigation partner Gina McCreadie looks ahead for Aereo and the industry.

Supreme Court Rules against Aereo

New England Cable News (NECN) | June 25, 2014

Boston IP Litigation partner Gina McCreadie discusses the U.S. Supreme Court’s decision in American Broadcasting Companies Inc. et al. v. Aereo Inc.

Lawyers Weigh In On High Court's Software Patent Ruling

Law360 | June 19, 2014

Silicon Valley IP litigation partner Shawn Hansen and Washington, DC, IP Counseling & Transactions professional specialist Rob Pilaud provide commentary on the Supreme Court’s decision in Alice Corp. v. CLS Bank ruling that computerized abstract ideas are not patent eligible.

You Say 'Insolubly Ambiguous,' I Say 'Reasonably Certain'

Law360 | June 04, 2014

Boston partners Maia Harris and Mark FitzGerald and associate Shayne Huff authored this column discussing the U.S. Supreme Court’s unanimous decision in Nautilus Inc. v. Biosig Instruments Inc.

High Court Nixes ‘Amenable to Construction,' ‘Insolubly Ambiguous' Indefiniteness Rules

Bloomberg BNA | June 03, 2014

Chicago IP Counseling & Transactions partner Paul Kitch and Silicon Valley IP litigation partner Shawn Hansen provide commentary on the U.S. Supreme Court’s decision in Nautilus Inc. v. Biosig Instruments Inc.

Lawyers Weigh In On High Court's Induced Infringement Ruling

Law360 | June 02, 2014

Chicago IP Counseling & Transactions partner Paul Kitch and Silicon Valley IP Litigation partner Shawn Hansen provide commentary on the U.S. Supreme Court's decision in Limelight Networks Inc. v. Akamai Technologies Inc.

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