Experienced IP Litigation Attorneys Protecting Your Intellectual Property Rights
Intellectual property (IP) litigation is an essential tool for safeguarding valuable innovations such as patents, brands (including trademarks) and copyrights and trade secrets. When disputes arise, whether you are enforcing your rights or defending against infringement claims, you need a strong team of intellectual property attorneys to provide IP litigation strategy that is aligned with your long-term business interests.
The team of litigation attorneys at Sand, Sebolt & Wernow works hard to protect and defend your rights in court. Our goal is always to resolve disputes efficiently and cost-effectively whenever possible. However, when litigation becomes necessary, we are prepared to aggressively advocate for our clients before federal courts, the United States Patent and Trademark Office (USPTO), the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB).
Our team provides experienced guidance through every stage of the litigation process, helping businesses make informed decisions while aggressively protecting their intellectual property rights and competitive advantages.
Patent Litigation
Patent litigation is one of the most complex areas of intellectual property law. Patent litigation is so complex and nuanced that it can be overwhelming for even experienced business professionals. That’s why having experts on your side is crucial.
Whether you are enforcing a patent against an infringer or defending against allegations of patent infringement, experienced patent litigation attorneys can make a significant difference in the outcome of your case.
One category of patent litigation involves disputes arising during the patent application process. Patent applicants may appeal adverse decisions issued by Patent Examiners at the United States Patent and Trademark Office (USPTO). These appeals, known as Ex Parte Appeals, are typically heard first by the Patent Trial and Appeal Board (PTAB) and may subsequently be appealed to the U.S. Court of Appeals for the Federal Circuit (CAFC).
PTAB proceedings also play a critical role in challenging or defending patent validity. Businesses may become involved in Inter Partes Reviews (IPRs), Post-Grant Reviews (PGRs), derivation proceedings or reexamination proceedings. In these matters, clients may serve either as petitioners seeking to invalidate a patent or as patent owners defending valuable intellectual property rights.
Patent infringement litigation is among the most common forms of patent disputes. These cases arise when a patent owner alleges unauthorized use of a patented invention or when a business is accused of infringing another party’s patent rights. Patent infringement lawsuits are typically filed in federal district courts and may ultimately proceed to the Federal Circuit on appeal.
Every patent dispute presents unique legal and business challenges. Sand, Sebolt & Wernow provides experienced representation in PTAB proceedings, patent infringement actions, patent validity challenges and other patent-related litigation matters. Our attorneys help clients navigate complex patent disputes while protecting innovation and business interests.
Trademark Litigation
Trademark litigation helps businesses protect valuable brand assets, including trademarks, service marks, trade dress and brand identity. The most common and newsworthy type of trademark litigation in recent years has involved various aspects of trademark infringement, including the likelihood that two trademarks may be confused for each other. As businesses expand into increasingly competitive markets, trademark disputes have become more common, involving claims of trademark infringement, likelihood of confusion, dilution, unfair competition and counterfeiting.
Many trademark disputes are litigated in federal courts or before the Trademark Trial and Appeal Board (TTAB). Trademark applicants may file Ex Parte Appeals before the TTAB to challenge adverse decisions issued by USPTO Trademark Examining Attorneys. In addition, third parties may initiate Opposition Proceedings to prevent registration of a pending trademark application.
The TTAB also hears Cancellation Proceedings seeking to invalidate existing trademark registrations. These proceedings often arise in connection with broader trademark infringement disputes and may impact a company’s ability to protect its brand rights.
Additional trademark litigation matters may involve trademark dilution, cybersquatting, counterfeit goods, fraudulent trademark registrations, expungement actions and unfair competition claims. Sand, Sebolt & Wernow’s trademark litigation attorneys provide strategic representation in TTAB proceedings and federal trademark litigation to help businesses protect and enforce their brands.
Trade Secret Litigation
Trade secret litigation has increased significantly following enactment of the Defend Trade Secrets Act (DTSA), which provides businesses with powerful federal remedies for trade secret misappropriation. Trade secrets often represent some of a company’s most valuable assets, including proprietary processes, customer information, business strategies, technical data, confidential research and other commercially valuable information.
When trade secrets are improperly disclosed, stolen or misused, businesses may pursue legal action in federal court under the DTSA and related state laws. Courts may award injunctive relief, monetary damages and other remedies to prevent ongoing harm and protect confidential business information.
Trade secret disputes frequently involve breaches of confidentiality agreements, non-disclosure agreements (NDAs), employment agreements, restrictive covenants and other contractual obligations. Additional claims may include tortious interference with business relationships, unfair competition and reputational harm resulting from the misuse of confidential information.
The rapid growth of artificial intelligence (AI) has further increased the importance of protecting proprietary information and trade secrets.
At Sand, Sebolt & Wernow, we not only draft complex intellectual property agreements and confidentiality protections, but we also aggressively enforce them when disputes arise. Whether you are seeking to protect trade secrets, respond to allegations of misappropriation or pursue litigation to safeguard your competitive advantage, our experienced intellectual property litigation team is prepared to help.
Protect Your Intellectual Property Rights
When intellectual property disputes threaten your patents, trademarks, trade secrets or other valuable business assets, Sand, Sebolt & Wernow provides strategic representation in IP litigation matters before the USPTO, PTAB, TTAB, federal district courts and the U.S. Court of Appeals for the Federal Circuit.
Contact our intellectual property litigation attorneys to discuss patent litigation, trademark disputes, trade secret matters or other intellectual property disputes.