Find Lawyers in Wilmington, Delaware for Litigation - Intellectual Property
Practice Area Overview
IP is protected by specific laws relating to patents, trademarks, copyrights, and trade secrets; these laws acknowledge an innovator’s ownership of his or her novel creation and give that innovator the exclusive right, for a defined period of time, to use and benefit from it.
Litigation of IP matters takes several forms. One involves patents, which cover inventions on designs and products, as well as the processes through which they are manufactured or used. Patent infringement refers to the unauthorized use of a patented invention, at which point litigation can arise. A “Hatch-Waxman” litigation is a particular kind of patent dispute involving generic versus brand pharmaceutical products and processes and infringement of the patent(s) covering these.
Trademarks and copyrights also can be infringed. A trademark can be a symbol, logo, word, sound, color, or name that identifies the source of a product and distinguishes it from that of others. Copyrights protect works of authorship, such as writings, music, and art. Copyrights and trademarks grant holders exclusive rights to use their works, and an unauthorized use can lead to litigation. Trade secrets are information that companies keep secret to give them an advantage over competitors. Misappropriation of trade secrets is a typical litigation scenario when such information is taken without authority.
Licensing disputes can arise that relate to any of these protections. A licensing agreement is essentially a contract between an IP rights owner and an entity authorized to use such rights, usually in exchange for an agreed upon fee or royalty. The extent to which parties do or do not follow the terms of that contract often engenders this type of litigation.
Other kinds of IP litigation can include variations of the above, including trademark dilution, “cybersquatting,” pirated and “knock-off” commercial goods, domain name disputes, domestic and foreign customs seizures, and unfair competition.
IP assets are a valuable foundation of any successful venture, so when unauthorized use occurs, disputes are bound to arise.
Stephen B. Brauerman (Steve) is a director at Bayard and member of the firm’s litigation group. He concentrates his practice in the areas of corporate, commercial and intellectual property litigation in Delaware’s state and federal Courts. He has litigated a wide array of cases involving fiduciary duty claims, corporate and alternative entity control disputes, advancement/ indemnification, breach of contract, antitrust, securities, patent infringement, copyright infringement, and ...
Gigi’s trial experience includes representing a leading U.S. supplier of coated optical fibers in a successful trial before the International Trade Commission, the leading accrediting organization for wholesale drug distributors in a successful injunctive proceeding in federal court in New Jersey, a global heart valve maker in winning a $394 million dollar patent jury trial in federal court in Delaware, and an Internet search patentee in a multi-million dollar jury trial in federal cour...
Chad Stover represents clients in Delaware’s federal and state courts, and in courts across the country. He is a frequent first-chair trial attorney with a knack for making complex technical and factual problems understandable to juries, judges, and clients. Chad has successfully resolved patent and trademark claims, as well as breach of contract, fraud and other general commercial litigation claims, often involving licensing disputes. Known for building focused and persuasive arguments...
Ronald P. Golden III is an associate in Bayard’s Litigation Department. His practice focuses on complex patent litigation in the United States District Court for the District of Delaware, spanning across a range of technologies. Ron has worked on cases involving pharmaceutical Hatch-Waxman litigation, software, medical device, consumer, and semiconductor chip products. In these matters, he has experience in all phases of litigation, including pre-suit diligence, case management, prelimi...
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