Intellectual Property Litigation



We leverage our extensive technical, industry and legal experience to help clients protect their innovations and brands while maintaining their competitive advantage.

Our Approach

In a fiercely competitive marketplace, all aspects of a company’s IP—innovative products and services, logos, social media presence and more—impact its business reputation. The ease of sharing information online has further motivated companies to vigorously safeguard their IP. Meanwhile, court decisions, including TC Heartland, and new procedures, like inter partes reviews (IPRs) and covered business method reviews (CBMs), continue to change the landscape for resolving disputes.

In the world of high-stakes IP litigation, the technology, innovation or brand at issue can be intricate and complex. We build diverse litigation teams that combine trial proficiency with technical know-how derived from advanced degrees and first-hand industry experience to seamlessly communicate complicated concepts of fact and law in a clear and persuasive manner. We devise innovative, cost-effective legal strategies to help clients protect their patents, trademarks, copyrights and trade secrets and further their business interests and competitive advantage.

Moreover, because we understand clients seek inventiveness and flexibility in fee structure and matter financing, we have developed strong relationships with litigation funders and have the experience to guide our clients through this process.

Representative Patent Litigation Experience

  • Successfully persuaded the Patent Trial and Appeal Board to deny the institution of IPRs against two separate patents directed to tampon applicators and owned by Edgewell Personal Care Co. (owner of Schick, Playtex, Hawaiian Tropic and Edge brands) (IPR2017-00694 and IPR2017-00693)
  • Defended Edgewell Personal Care Co. against patent infringement allegations involving private label razors. The case was terminated. The Gillette Co. v. Edgewell Personal Care Co. (S.D.N.Y.)
  • Led team that defended 29 companies, including some of the world’s best known brands, in a case in which 450 defendants were accused of patent infringement by an NPE involving a patent directed at online access to geographically and topically based information. The case was dismissed. GeoTag Inc v. Frontier Communications (E.D. Tex.)
  • Defended Pilgrim Films & Television, a television production company, and other defendants, against patent infringement allegations for a wheelchair-accessible motorcycle, which was based off of an episode of American Choppers where they built a similar vehicle. Tavantzis, et al. v. American Choppers, et al. (M.D. Fla.)
  • Represented Royal Caribbean Cruises, a global cruise company, in patent litigation matter involving propulsion condition management system. The case settled. Condatis LLC v. A.P. Moller-Maersk A/S, et al. (E.D. Tex.)
  • Successfully represented and invalidated instituted claims (IPR2016-00055; IPR2015-01823) on behalf of Sierra Wireless, a multinational wireless communications equipment designer and manufacturer, in a patent infringement case related to wireless modules and routers designed and intended for use in M2M communications. M2M Solutions LLC, et al. v. Sierra Wireless America Inc. et al. (D. Del.)
  • Defended Taleo Corporation and Vurv Technology, software companies in the talent management space, against allegations of patent infringement involving online résumé processing technology. The case settled during trial. Kenexa BrassRing Inc. v. Taleo Corp. and Vurv Technology, Inc. (D. Del.)

Representative Trademark Litigation Experience

  • Represented Akeso Health Sciences, a nutritional supplements provider, in a trademark and breach of contract case involving a nutritional supplement for migraines. The jury awarded Akeso Health Sciences. Akeso Health Sciences, LLC v. Quantum, Inc. (D. Or.)
  • Represented Ford Motor Company, an American multinational automaker, in an ex parte seizure order of counterfeit goods resulting in an entry of a stipulated permanent injunction. Ford Motor Company v. O’Brien Parts, Inc., d/b/a Shamrock Parts, and Richard P. O’Brien, Jr. (D. Mass.)
  • Represented Pushpay IP, a company that develops mobile application programs to assist organizations with financial payment transactions, in a trademark infringement involving the mark “Pushpay.” The case was dismissed. Pushpay IP Limited and Pushpay Holdings Limited v. Just Push Pay LLC (W.D.N.C.)
  • Defended TrueX Media, a digital advertising company, against allegations of trademark infringement concerning use of TRUEX MEDIA mark. The case settled. True Media LLC v. Truex Media Inc. et al. (N.D. Ill.)
  • Defended VeriFone, which provides technology for electronic payment transactions and value-added services at the point-of-sale, in an action alleging misappropriation of trade secrets involving pay-at-table software solutions for real-time communication via Wi-Fi networks for credit card terminals and point-of-sale systems. The case settled. Communication Transaction Solutions, Inc. v. VeriFone Holdings, Inc., VeriFone, Inc., et al. (Superior Court of Calif., County of Santa Clara)

Representative Copyright Litigation Experience

  • Represented ASE Technologies, a software development company, 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. The case settled. Nearstar, Inc. v. Waggoner, et al. (E.D. Tex.)
  • Represented Club House Creations, a retail clothing store, in a copyright infringement and unfair competition case brought by Urban Textile. The case was dismissed. Urban Textile, Inc. v. Rue 21 Inc., et al. (C.D. Calif.)
  • Represent Gameloft, a mobile game developer, in a suit alleging copyright infringement, trade secret misappropriation, and other claims relating to the development of digital cars used in mobile video games. Glass Egg Digital Media v. Gameloft, Inc. et al. (N.D. Calif.)
  • Represented Remrylie Licensing, a retailer of clothing, footwear, etc., in a copyright infringement case involving photographs of Tupac Shakur. The case settled. Dana Ruth Lixenburg v. Bioworld Merchandising Inc., et al. (C.D. Calif.)

Dairy Queen goes to court over Blizzard name

Star Tribune | October 19, 2021

This coverage provides an overview of the W.B. Mason and Dairy Queen trial underway in Minnesota, in which DQ alleges that W.B. Mason’s house brand of BLIZZARD spring water infringes and dilutes DQ’s BLIZZARD mark. Intellectual Property practice co-leader Jason Kravitz, of the Boston office, is leading the W.B. Mason trial team, which also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Commercial Disputes resident attorney Melanie Dempster, all of the Boston office.

A quiet US Supreme Court term ahead for IP—with one potential explosion

The National Law Journal | September 29, 2021

This article covering high-profile IP cases in the U.S. Supreme Court’s upcoming term includes a case involving client H&M Hennes & Mauritz, LP and allegations of fabric design copyright infringement by textile company Unicolors. The NP team representing H&M includes Intellectual Property partner and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian, and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

Electronics company says ‘rushed’ JAMS award should get axed

Law360 | July 08, 2021

Litigation Department vice-chair Staci Riordan and counsel Aaron Brian, both of the Intellectual Property group in Los Angeles, are mentioned in this article for representing Indian electronics company SFO Technologies Private Ltd. in its recent request to vacate a JAMS award. The matter relates to SFO’s complaint against the former owners of California-based Qual-Pro Corp. in 2019, alleging the concealment of debts during an acquisition process and of falsely claiming that test equipment was ready to be capitalized and could be considered an asset.

Career Tracker: Bankruptcy leaders find new homes in Dallas, New York

Reuters Legal | July 02, 2021

This roundup of notable attorney moves mentions Los Angeles Intellectual Property partners Erica Van Loon and Andrew Choung for joining NP.

Wake up call

Bloomberg Law | June 16, 2021

The following article features Los Angeles Intellectual Property partners Erica Van Loon and Andrew Choung for joining NP, providing an overview of each of their IP practices.

First Circuit backs Hasbro's win in board game royalties suit

Law360 | June 15, 2021

This article on Monday’s First Circuit decision unanimously affirming Reuben Klamer as the author of iconic board game The Game of Life mentions Los Angeles Intellectual Property partner Erica Van Loon for representing Mr. Klamer. The court was persuaded that the plaintiff’s late husband’s work on the game prototype was a work for hire for Mr. Klamer, and thus held unequivocally that Mr. Klamer was the author of the game and the owner of the copyright on it.

Nixon Peabody adds IP partners on west coast

Intellectual Property Magazine | June 15, 2021

The following article features Los Angeles Intellectual Property partners Erica Van Loon and Andrew Choung for joining NP, providing an overview of each of their IP practices.

On the Move: Tracking the ins and outs of California lawyers

The Recorder/Law.com | June 10, 2021

This round-up of notable attorney moves mentions Los Angeles Intellectual Property partners Erica Van Loon and Andrew Choung for joining NP, providing an overview of each of their IP practices.

Nixon Peabody adds two ex-Lathrop IP pros in Los Angeles

Law360 | June 09, 2021

The following article highlights Los Angeles Intellectual Property partners Erica Van Loon and Andrew Choung for their move to the firm and NP’ s continued growth on the West Coast.

INTA seeks brand stories; IACC and National IPR Center partnership; new GIs in Pakistan

World Trademark Review | June 08, 2021

The following article highlights Los Angeles Intellectual Property partners Erica Van Loon and Andrew Choung for their move to the firm and NP’s continued growth on the West Coast.

H&M sweater spat heads to High Court

Courthouse News Service | June 01, 2021

The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

SCOTUS to review H&M's 9th Circuit win in copyright dispute

Reuters | June 01, 2021

The following article covers the U.S. Supreme Court’ s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

High Court to consider intent bar in H&M copyright escape

Bloomberg Law | June 01, 2021

The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

Dial away? The future of TCPA after Facebook v. Duguid

Intellectual Property & Technology Law Journal | June 01, 2021

Intellectual Property co-leader and Boston partner Jason Kravitz, Washington, DC associate Palash Basu, and Boston associate Leslie Hartford, both of the Intellectual Property group, contributed this article analyzing the Supreme Court’ s interpretation of what constitutes an autodialer and compliance concerns regarding common business communication methods.

Supreme Court agrees to hear H&M copyright case

Law360 | June 01, 2021

The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

Brand Battles: Instagram empires fight over 'meme' game trademark

Law360 | May 21, 2021

This roundup of recent actions at the Trademark Trial and Appeal Board mentions the firm for the work of Chicago Intellectual Property partner Elizabeth Baio and Los Angeles Corporate partner Ellie Heisler for representing game maker Doing Things Media LLC in its trademark dispute with What Do You Meme LLC.

Litigator of the Week shout outs and runners-up

The AmLaw Litigation Daily | May 07, 2021

This article recognizes the full NP team that secured a major damages win on behalf of Takeda subsidiary Millennium Pharmaceuticals. Litigation Department vice chair and partner Ethan Trull and partner John Ruskusky, both of the Complex Commercial Disputes group in Chicago, led the damages trial team. The NP team also included partner Lisa Sullivan, associate Katie Burnett, e-discovery specialist Anders van Marter, and paralegal Donna Long, all of the Complex Commercial Disputes group in Chicago. In addition, Intellectual Property partner Mark FitzGerald and Complex Commercial Disputes associate Tarae Howell, both of the Boston office, played integral roles in the initial fraud win for Millennium in 2020.

Chancery awards biopharm company $38M for fraud-tainted deal

Law360 | April 23, 2021

This article, covering the Delaware Chancery Court’ s $38.2 million damages judgment in favor of Takeda subsidiary Millennium Pharmaceuticals for its fraud claim against Harpoon Therapeutics, mentions Chicago Complex Commercial Disputes partners Ethan Trull, John Ruskusky and Lisa Sullivan; associate Katie Burnett; senior e-discovery specialist Anders van Marter; and paralegal Donna Long for representing Millennium. Intellectual Property partner Mark FitzGerald, Complex Commercial Disputes associate Tarae Howell, and Intellectual Property patent specialist Angela Hafner, all in Boston, have also played integral roles in the matter.

Fair Use: Google prevails in software dispute

Chicago Lawyer | April 14, 2021

Chicago Intellectual Property counsel Jason Kunze contributed this article analyzing the Supreme Court’s recent decision in the decade-long dispute between Google and Oracle, and what it could mean for businesses and copyright owners.

Intermediate copying, artificial intelligence and best practices for counseling music clients in an evolving legal and technological landscape

New York Law Journal | April 09, 2021

New York City Complex Commercial Disputes partner Dan Schnapp and Washington, DC Intellectual Property associate Alexis Grilli contributed this article analyzing the Tracy Chapman v. Nicki Minaj case and an evolution in copyright law—intermediate copying, AI, and its intersection with the doctrine of fair use.

People on the move

Crain’s Chicago | February 22, 2021

Chicago Intellectual Property partner Brad Taub’s and Corporate partner Sam Kim’s promotions to partner were included in this column of notable executive moves.

Litigation funding as a resource for university patent enforcement

Technology Transfer Tactics | February 22, 2021

Life Sciences practice co-chair and Los Angeles Intellectual Property partner Seth Levy contributed this article on how litigation funding can address some of the more significant challenges for a growing number of universities pursuing patent enforcement campaigns.

Washington-area appointments and promotions for Feb 1

The Washington Post | January 31, 2021

Intellectual Property partner Lauren Arnold and Corporate partner Damian Myers, both in Washington, D.C., were included in this roundup of notable executive news for their promotions to partner.

People and Awards

Rochester Business Journal | January 20, 2021

Rochester Intellectual Property associate Kaleigh Morrison is featured in this short article for her arrival to the firm.

Former AG's file friend-of-the-court brief

KIFI/KIDK News – Idaho | December 22, 2020

This article covers an amicus brief filed with the Ninth Circuit Court of Appeals by three former Idaho attorneys general, detailing why Idaho House Bill 500—which bars transgender women and girls from participating in school sports and subjects all women and girl athletes to the threat of invasive testing—is unconstitutional. In addition to the former AGs, more than 175 athletes joined Athlete Ally and the Women’s Sports Foundation in signing a brief, and the National Women’s Law Center and more than 60 other women’s rights and civil rights groups also filed an amicus brief. Los Angeles Intellectual Property partner Seth Levy and Complex Commercial Disputes partner Sarah Erickson André, and Washington, D.C. Government Investigations & White Collar Defense partner Adam Tarosky are representing the former AGs.

ITC Launches Fake Eyelash, Computer Gear , OLED Probes

Law360 | October 26, 2020

This roundup of recently announced investigations by the U.S. International Trade Commission covers the ITC’s announcement that it is looking into allegations that various organic light-emitting diode (OLED) imports were infringing patents held by Solas OLED. The story mentions Washington, D.C. partner Evan Langdon and Chicago associates Paulina Starostka and Vivian Sandoval, all of the Intellectual Property group, for representing Solas.

UC Takes Next Step with Filament Light Bulb Case: Manufacturers and ITC

Technology Transfer Tactics | October 22, 2020

This article, covering the University of California’s patent enforcement campaign related to filament LED light bulbs, quotes Los Angeles Intellectual Property partner Seth Levy extensively on a successful initial phase of the campaign, and a recent complaint filed with the U.S. International Trade Commission initiating the second phase. The NP team representing UC is led by Seth and Los Angeles Intellectual Property partner Shawn Hansen.

UC Expands Patent Lawsuit Against Retailers and Manufacturers

Supply Chain Brain | October 05, 2020

The following article covers the U.S. International Trade Commission’s second investigation into leading retailers and suppliers of filament LED lighting products, based on a complaint filed by Nixon Peabody on behalf of the Regents of the University of California (UC). Supply Chain Brain quotes Los Angeles Intellectual Property partner Seth Levy extensively on the expanded patent enforcement campaign. The NP team representing UC is led by Seth and Los Angeles Intellectual Property partner Shawn Hansen.

Why start-ups need to learn about IP

Managing Intellectual Property | October 01, 2020

This article on what entrepreneurs need to know about IP quotes San Francisco Intellectual Property partner oN Lu extensively on whether startups need IP, strategies they can take to monetize their IP, and when to engage an attorney. The article—resulting from NP’s European Innovation Academy involvement—also includes commentary from NP clients on how IP strategies have benefitted their companies in terms of funding, growth, and other factors.

Standing Apart

Intellectual Property Magazine | October 01, 2020

Intellectual Property partner and Life Sciences Practice co-chair Seth Levy and Intellectual Property counsel Peter Wied, both of Los Angeles, contributed this article, based on their alert, which examines the Gensetix Inc v Baylor College of Medicine case and a recent ruling to allow an infringement case to proceed without the state university patent owner’s involvement.

Nixon says ITC probes retailers in patent infringement case

Bloomberg Law | September 30, 2020

This article covers the U.S. International Trade Commission’s institution of a second investigation into leading retailers and suppliers of filament LED lighting products, based on a complaint NP filed on behalf of the Regents of the University of California (UC). Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen are leading the NP team in UC’s LED patent enforcement campaign.

USITC targets Ikea and GE in bulb investigation

World IP Review | September 30, 2020

The following article covers the U.S. International Trade Commission’s second investigation into leading retailers and suppliers of filament LED lighting products, based on a complaint filed by Nixon Peabody on behalf of the Regents of the University of California (UC). Supply Chain Brain quotes Los Angeles Intellectual Property partner Seth Levy extensively on the expanded patent enforcement campaign. The NP team representing UC is led by Seth and Los Angeles Intellectual Property partner Shawn Hansen.

Nixon Peabody Expands Patent Enforcement Campaign for UCSB

Semiconductor Today | September 15, 2020

This article, covering a recent complaint NP filed with the U.S. International Trade Commission on behalf of the Regents of the University of California (UC), quotes Los Angeles Intellectual Property partner Seth Levy on the new litigation and the ongoing LED patent enforcement campaign.

UCSB Expands Patent Enforcement Campaign to Protect Its Filament LED Patents

LEDinside | September 14, 2020

This article covers a recent complaint NP filed with the U.S. International Trade Commission on behalf of the Regents of the University of California (UC), expanding the LED patent enforcement campaign with new litigation against six leading retailers and suppliers of filament LED lighting products. The NP team is led by Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen.

As AI Evolves, No Need for Overhaul of US Patent System... Yet

insideBIGDATA | September 14, 2020

Chicago Intellectual Property partner Dan Schwartz and associate Paulina Starostka contributed this article on whether the U.S. patent system needs an overhaul to keep up with the rapid rise in artificial intelligence-related patent activity.

Nixon Peabody Expands Patent Enforcement Campaign Over LED Technology Developed at UC Santa Barbara

Tech Transfer eNews Blog | September 02, 2020

The following article covers a new complaint filed with the U.S. International Trade Commission on behalf of the Regents of the University of California (UC), quote Los Angeles Intellectual Property partner Seth Levy on the ongoing patent enforcement campaign. The complaint seeks an investigation into the unauthorized importation and sale after importation of UC’s patented filament LED lighting technology by General Electric, Savant Systems, Feit Electric, Home Depot, Ikea, and Satco Products.

University of California Expands Its LED Lamp Patent Infringement Action

LEDs Magazine | September 02, 2020

The following article covers a new complaint filed with the U.S. International Trade Commission on behalf of the Regents of the University of California (UC), quote Los Angeles Intellectual Property partner Seth Levy on the ongoing patent enforcement campaign. The complaint seeks an investigation into the unauthorized importation and sale after importation of UC’s patented filament LED lighting technology by General Electric, Savant Systems, Feit Electric, Home Depot, Ikea, and Satco Products.

UC Files New Complaint in Lightbulb Licensing Dispute

Pacific Coast Business Times | September 01, 2020

This article, covering a new complaint filed with the U.S. International Trade Commission on behalf of the Regents of the University of California (UC), quotes Los Angeles Intellectual Property partner Seth Levy on the ongoing patent enforcement campaign. The complaint seeks an investigation into the unauthorized importation and sale after importation of UC’s patented filament LED lighting technology by General Electric, Savant Systems, Feit Electric, Home Depot, Ikea, and Satco Products.

UC System Asks ITC to Probe Home Depot, Others Over LEDs

Law360 | August 31, 2020

An NP team led by Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen on Monday expanded its groundbreaking patent enforcement campaign on behalf of the Regents of the University of California (UC). The following articles cover the new complaint, filed with the U.S. International Trade Commission, which seeks an investigation into the unauthorized importation and sale after importation of UC’s patented filament LED lighting technology by General Electric, Savant Systems, Feit Electric, Home Depot, Ikea, and Satco Products.

In addition to Seth and Shawn, the NP team includes Washington, DC Intellectual Property partner Evan Langdon; Los Angeles Intellectual Property partners Staci Riordan, Vincent Yip and Peter Wied, and associate Vince Capati; Chicago Intellectual Property associates Paulina Starostka and Angelo Christopher; San Francisco Complex Commercial Disputes associate Tracy Ickes; and Los Angeles patent specialist Jason Moore.

'Edison' Bulb Battle Heats Up With University Targeting GE, Ikea

Bloomberg News | August 31, 2020

An NP team led by Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen on Monday expanded its groundbreaking patent enforcement campaign on behalf of the Regents of the University of California (UC). The following articles cover the new complaint, filed with the U.S. International Trade Commission, which seeks an investigation into the unauthorized importation and sale after importation of UC’s patented filament LED lighting technology by General Electric, Savant Systems, Feit Electric, Home Depot, Ikea, and Satco Products. In addition to Seth and Shawn, the NP team includes Washington, DC Intellectual Property partner Evan Langdon; Los Angeles Intellectual Property partners Staci Riordan, Vincent Yip and Peter Wied, and associate Vince Capati; Chicago Intellectual Property associates Paulina Starostka and Angelo Christopher; San Francisco Complex Commercial Disputes associate Tracy Ickes; and Los Angeles patent specialist Jason Moore.

Retailers Facing Store Damage May Look to Insurance

WWD | June 01, 2020

This article, which examines commercial insurance policy considerations for retail storefronts, quotes Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, based in Los Angeles.

IN BRIEF: Unicolors' copyright win against H&M unravels in 9th Circuit

Reuters Legal | June 01, 2020

The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.

9th Circ. Says Suit Against H&M Hinges On Copyright Validity

Law360 | May 29, 2020

This article mentions Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles, for representing H&M in a dispute involving allegations of fabric design copyright infringement. The NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth District to reverse the trial court’s decision.

H&M Gets Another Shot at Challenging Validity of Pattern Copyright

The Recorder | May 29, 2020

The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.

H&M Gets Fabric Design Copyright Infringement Verdict Overturned

Bloomberg Law | May 29, 2020

The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.

Fed Circuit deals loss to privateer-backed patent holder

Reuters Legal | March 25, 2020

This article highlights an appeals court victory for Nanya Technology Corp., represented by Los Angeles Intellectual Property partners Peter Wied and Vincent Yip.

Service Providers - Fashion and Retails Lawyers

Women’s Wear Daily | March 25, 2020

This article about the types of matters and questions that fashion and retail attorneys are handling for their clients during the COVID-19 pandemic quotes Los Angeles Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan.

Peloton case an example of intellectual property rights of copyright owners

Rochester Business Journal | March 20, 2020

Rochester Corporate partner Jeremy Wolk contributed this column analyzing a copyright dispute between home exercise giant Peloton and the National Music Publishers Association regarding the use of popular music in Peloton video workouts. This column was adapted from an NP alert by Los Angeles Intellectual Property partner Staci Riordan, New York City Complex Commercial Disputes partner Dan Schnapp, and associate Catherine Savio.

Nixon Peabody nabs 2 new Chicago partners

Law360 | March 11, 2020

This feature story highlights two of the newest arrivals to NP’s Chicago office—Complex Commercial Disputes partner Jon Lively and Intellectual Property partner Dan Schwartz. Both attorneys said their prior experience working with NP lawyers was a major factor in their decision to join the firm.

The Impact of Overturning eBay v MercExchange

IPWatchdog | March 02, 2020

Washington, DC, Intellectual Property partner Evan Langdon wrote this contributed article about the possible impact of proposed legislation that would overturn eBay v. MercExchange, an important Supreme Court decision regarding patent litigation.

Universities should consider ITC for IP protection

Tech Transfer Tactics | February 18, 2020

Intellectual Property partners Evan Langdon of Washington, DC, and Shawn Hansen and Seth Levy of Los Angeles co-wrote this article explaining how the U.S. International Trade Commission (ITC) can be a “powerfully effective venue” for patent protection. Evan, Shawn, and Seth are leading the NP team representing the University of California in an investigation pending at the ITC concerning LED lightbulb technology. Read the full article on techtransfercentral.com.

What the University of California case means for retailers and IP in the supply chain

TotalRetail | February 13, 2020

This article analyzes the potential for lasting implications to the global supply chain as a result of the University of California’s (UC) patent enforcement campaign against several retailers selling filament LED lightbulbs. Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen are the lead attorneys representing UC.

Central Coast tech firms, UCSB use litigation to protect patents

Pacific Coast Business Times | February 07, 2020

The article mentions Nixon Peabody’s ongoing representation of the Regents of the University of California in UC Santa Barbara’s patent enforcement matter, noting that a recent $1.1 billion verdict for the California Institute of Technology in another matter could bode well for UC Santa Barbara. Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen are the lead attorneys representing UC.

Think universities are making lots of money from inventions? Think again

The Hechinger Report | January 17, 2020

In this article about the ways universities succeed or fail in monetizing their intellectual property, Los Angeles Intellectual Property partner Seth Levy talks about NP’s patent enforcement work on behalf of the University of California.

University of California targets General Electric in campaign against patent infringement

Tech Transfer Central | January 08, 2020

This article quotes Los Angeles Intellectual Property partner Seth Levy discussing Nixon Peabody’s representation of the University of California, which has sued General Electric as part of its ongoing campaign to enforce its patents on LED lightbulb technology. Seth and Los Angeles Intellectual Property partner Shawn Hansen are leading the NP team.

UCSB adds GE to lawsuit defending LED patents

Pacific Coast Business Times | January 02, 2020

Los Angeles Intellectual Property partner Seth Levy is quoted in this story covering the latest developments in UC Santa Barbara’s patent enforcement campaign to protect its LED lightbulb technology, including the addition of General Electric as a defendant. Seth and Los Angeles Intellectual Property partner Shawn Hansen are leading the NP team.

A Year Out and a Supreme Court Case Still Leaves Patent Questions Unanswered

Intellectual Property & Technology Law Journal | December 05, 2019

Intellectual Property associates Sydney Pritchett, Ben Rosborough and Ravi Braich authored this patent alert about remaining questions and uncertainty following the U.S. Supreme Court ‘s ruling in Helsinn Healthcare S.A. v. Teva Pharmaceuticals U.S.

LEDVANCE Reaches Agreement on UC Santa Barbara's Patented LED Technology

Yahoo! Finance | December 02, 2019

This announcement related to UC Santa Barbara's first-of-its-kind patent enforcement campaign shares that LEDVANCE, one of the world’s leading general lighting providers, has entered into a licensing agreement that authorizes the company to manufacture and distribute UC Santa Barbara’s patented filament LED technology. LEDVANCE is the largest manufacturer to date that has signed a licensing agreement. The announcement mentions Nixon Peabody for representing UC Santa Barbara.

Your business may be liable for years-old website images

Rochester Business Journal | October 11, 2019

Rochester Corporate partner Jeremy Wolk co-wrote this contributed article illustrating the need for website owners to be vigilant about the copyright status of images posted to their sites. This column is based on an alert by Boston Intellectual Property associate Troy Lieberman.

Michael Nicolas on Longford’s litigation finance focus on universities

Lawdragon | October 08, 2019

In this Q&A, Longford Capital partner Michael Nicolas discusses the litigation financing for Nixon Peabody’s University of California (UC) campaign, led by Los Angeles Intellectual Property partner Seth Levy, to protect UC’s rights related to filament LED technology developed at UC Santa Barbara.

And the “Litigators of the Week” Runners Up...

The American Lawyer | October 04, 2019

This column includes Los Angeles Intellectual Property partner Staci Jennifer Riordan and New York City Complex Commercial Disputes partner Kristin Jamberdino as “Litigators of the Week” runner ups for securing a dismissal on behalf of fashion retailer Express, LLC.

A university lawsuit highlights the interdependence of global supply chains

SupplyChainBrain | September 30, 2019

This article focuses on the impact of Nixon Peabody’s LED lightbulb campaign across the supply chain. Los Angeles Intellectual Property partner Seth Levy is quoted extensively in the piece.

ITC investigates University of California complaint against Amazon and other major retailers

IP Watchdog | September 19, 2019

Los Angeles Intellectual Property partner Seth Levy talks about Nixon Peabody’s representation of the University of California in an effort to protect the university’s rights related to filament LED technology developed at UC Santa Barbara. The article also mentions Los Angeles Intellectual Property partner Shawn Hansen as co-lead counsel for UC in this case.

H&M revives copyright suit with SCOTUS petition

World Intellectual Property Review | September 11, 2019

This article quotes extensively from a petition filed at the Supreme Court by Los Angeles Intellectual Property partner Staci Riordan and Government Investigations and White Collar Defense associate Neal Gauger, who are representing H&M in a copyright suit.

H&M takes copyright ruling to Supreme Court

Law360 | September 10, 2019

This story mentions Los Angeles Intellectual Property partner Staci Riordan and Government Investigations and White Collar Defense associate Neal Gauger, who are representing H&M in a copyright suit. The story quotes the attorneys’ petition for cert, which asks the U.S. Supreme Court to overturn a Ninth Circuit ruling that would make it much easier to sue for infringement.

'Party and Bulls--t': NY judge rules phrase is fair use in Notorious B.I.G., Rita Ora songs

Billboard | September 05, 2019

This story highlights Intellectual Property partner Staci Riordan and associate Sydney Pritchett and Government Investigations and White Collar Defense associate Neal Gauger, all of Los Angeles, who successfully defended their client, the estate of slain rapper Notorious B.I.G., in a copyright infringement lawsuit.

Law360's Weekly Verdict: Legal Lions & Lambs

Law360 | September 05, 2019

This story highlights Intellectual Property partner Staci Riordan and associate Sydney Pritchett and Government Investigations and White Collar Defense associate Neal Gauger, all of Los Angeles, who successfully defended their client, the estate of slain rapper Notorious B.I.G., in a copyright infringement lawsuit.

2nd Circuit says Biggie's “Party And B*******” is fair use

Law360 | September 04, 2019

This story quotes Los Angeles Intellectual Property partner Staci Riordan discussing the successful defense of the estate of slain rapper Notorious B.I.G. in a copyright infringement lawsuit. Intellectual Property associate Sydney Pritchett and Government Investigations and White Collar Defense associate Neal Gauger, both of Los Angeles, also worked on this matter.

ITC to Probe Amazon, Walmart, Others in LED Patent Case

Law360 | August 29, 2019

This article highlights recent developments in the University of California’s campaign to protect its rights related to filament LED technology developed at UC Santa Barbara. On Wednesday, the U.S. International Trade Commission opened an investigation in response to UC’s complaint, filed in July by the Nixon Peabody team led by Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen.

Ikea, Amazon, and the billion-dollar war over light bulb design

Fast Company | August 02, 2019

This article highlights the University of California’s campaign to protect its rights related to filament LED technology developed at the university. An NP team led by Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen is representing UC in this campaign.

Brunetti case attempts to further determine “unprotected speech”

Rochester Business Journal | July 26, 2019

This column by Rochester Corporate partner Jeremy Wolk analyzes a recent Supreme Court decision on whether individuals have a First Amendment right to register federal trademarks of “obscene” words and phrases. The column is based on an NP Alert written by Intellectual Property partners Jeff Costellia, Jason Kravitz and Deanna Kunze, and associate Anthony Duncan.

Spanish museum can keep Nazi-looted masterpiece, judge rules

Bloomberg | April 30, 2019

In the following media coverage, Los Angeles Complex Commercial Disputes partner Thad Stauber is quoted on Tuesday’s federal court ruling that found the Madrid-based Thyssen-Bornemisza Collection Foundation is the rightful owner of a Camille Pissarro painting.  Thad and Los Angeles partner Sarah André, counsel Aaron Brian, and associate Irene Scholl-Tatevosyan represented the Foundation in this matter.

Patent office issues new guidance on patent applications

Rochester Business Journal | February 22, 2019

Rochester Corporate partner Jeremy Wolk, with the help of Los Angeles Intellectual Property partner Jennifer Hayes and Washington, DC, Intellectual Property associates Anthony Duncan and Emily Sandhaus, authored this column the United States Patent and Trademark Office’s new guidance on software patent applications.

Justices agree that secret sales bar patent protection

Los Angeles/San Francisco Daily Journal | February 04, 2019

Los Angeles Intellectual Property partner Jennifer Hayes and Chicago Intellectual Property associate Ben Rosborough authored this column about the U.S. Supreme Court’s recent decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals U.S. and how it impacts patent protection.

High court to address rift on bankrupt brands' trademarks

Law360 | October 26, 2018

Boston Financial Restructuring and Bankruptcy partner Lee Harrington is quoted in this article about his representation of Tempnology in a trademark licensing case that was just taken up by the Supreme Court.

Thinking about a no-poach agreement

Corporate Counsel | October 26, 2018

Washington DC Complex Commercial Disputes partner Alycia Ziarno is quoted in this article on the Department of Justice’s evolving position on no-poach agreements, in which companies agree not to recruit each other’s employees.

Contacts

Jeffrey L. Costellia

Partner
Co-leader, Intellectual Property

jcostellia@nixonpeabody.com

Phone: 202-585-8207

Jason C. Kravitz

Partner
Co-leader, Intellectual Property
Leader, Cybersecurity & Privacy

jkravitz@nixonpeabody.com

Phone: 617-345-1318

  • World Trademark Review 1000—Recommended for trademark prosecution and strategy and for trademark litigation and enforcement (2012–2021)
  • U.S. News/Best Lawyers “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • Managing Intellectual Property—Ranked as a top U.S. law firm for securing “the highest-quality patents”; recognized as a national leader in the patent category for life sciences; recommended as a top U.S. law firm in Massachusetts for trademarks; nine IP attorneys recognized as “IP Stars” (2013–2021)
  • IAM Patent 1000—The World’s Leading Patent Practitioners—Recommended for patent prosecution and litigation, including eight patent lawyers individually listed (2012–2021)
  • Legal 500 United States—Ranked for Trade Secrets (2013–2020)
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