Intellectual Property Litigation

The firm has substantial experience in all aspects of intellectual property litigation, including patent, copyright, trademark, and trade secret litigation; Internet-law disputes; computer fraud, intrusion, and scraping, and misappropriation of online identities.

Defining Success

  • The firm successfully resolved a major copyright infringement lawsuit against a prominent national art dealer, in a case alleging widespread infringement of sculptural artwork. Over a court challenge by the art dealer, the firm sustained its allegations that the dealer had violated RICO through a years-long pattern of copyright infringement. See, e.g., Kevin Barry Fine Art Assoc. v. Ken Gangbar Studio, Inc., Case No. 18-cv-03358 HSG (N.D. Cal. June 24, 2019 Order).
  • The firm successfully prosecuted a patent infringement case against nationwide retailers Frontgate and Grandin Road concerning foldable Christmas trees. Balsam Brands Inc. v. Cinmar, LLC d/b/a Frontgate, Case No. 3:15-cv-04829 WHO (N.D. Cal. October 20, 2015).
  • In what was called one of the most influential patent cases of the year, the firm won a published, en banc ruling from the U.S. Court of Appeals for the Federal Circuit clarifying what constitutes "inducement" of patent infringement. The firm’s client was exonerated from all infringement liability. DSU Medical Corp. V. JMS Co., 471 F.3d 1293 (Fed. Cir. 2006).
  • The firm successfully prosecuted copyright infringement claims against Hilton Hotels Corporation and its art dealer on behalf of a noted Northern California artist. Brackett v. Hilton Hotels Corp., Case No. CV 08-02100 WHA (N.D. Cal. April 22, 2008).
  • The firm has won multiple favorable settlements for clients accused of trade secret misappropriation.
  • The firm partnered with the Electronic Frontier Foundation in preparing a U.S. Supreme Court friend-of-the-court brief on behalf of the prevailing side in a "patent exhaustion" case. Quanta Computer, Inc. v. LG Electronics, Inc., 128 S. Ct. 2109 (2008).