Find Lawyers in Boston, Massachusetts 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.
Ilan Barzilay is an intellectual property practitioner specializing in obtaining and enforcing patent rights. Ilan leads a team of attorneys that procures patents for clients ranging from technology startups and research institutions to established companies and multinational corporations. He is a trusted advisor to clients seeking meaningful patent protection crafted to align with important business goals. His practice also includes handling contentious matters in the federal courts and befo...
Mr. Byer is a partner in the Intellectual Property practice group. Mr. Byer concentrates on intellectual property counseling and litigation, particularly on issues relating to copyright, trademark, cyberlaw and licensing. He assists companies involved in the technology, biotechnology, publishing, manufacturing, entertainment and electronics industries to develop and exploit robust intellectual property assets in the United States and around the world. Mr. Byer represents both licensors and li...
Ronald Cahill is well-respected for his work with clients of virtually all sizes to solve their most challenging intellectual property problems. His advice ranges from designing protection that maximizes the value of the client’s investment in research and development to applying that IP in court and in the marketplace, which allows clients to realize that value. With decades of courtroom experience, Ron has led trial teams in patent infringement cases around the country. He also conduc...
Larry has over 17 years of experience advising clients, including multinational companies, startups, academic institutions, and public and private companies, on diverse legal needs, including intellectual property litigation, diligence, licensing, agreements, and patent prosecution. Elected a Fellow of the American Bar Foundation and a Fellow of the Litigation Counsel of America, he provides clients with strategic legal guidance in support of business goals, including by interfacing with C-Su...
Sarah is a Fellow in the American College of Trial Lawyers. Over the last dozen years, she has led 16 patent infringement, trade secrets and invalidity trials (ten jury trials, six bench trials) across several jurisdictions, including the federal courts in Massachusetts, Florida, Delaware, Colorado, California and Texas. Read full biography: https://www.mwe.com/people/columbia-sarah-chapin/
Mr. Cotter concentrates his practice in patent and complex intellectual property trials and appeals. He has tried patent cases, argued Markman hearings, and handled appeals throughout the U.S., and litigated U.S. and overseas arbitrations and court cases. His patent cases have involved technologies including HIV drugs; polymers; electronic and optical switching technology; wireless and mobile communications; medical devices and instruments; food products; software for databases, security, man...
Susan, a patent attorney, represents science and technology companies in all facets of invention enforcement and protection from the courtroom to the Patent Office. Susan uses analysis, communication, and advocacy to achieve clients’ goals in patent, trademark, copyright, trade dress, and trade secret matters. Her experience covers a broad spectrum of technologies and industries, including biotechnology, chemistry, electrical, mechanical, green technology, ecommerce, medical devices, an...
Larry Green is a patent lawyer partner at Sunstein and is highly experienced in handling pharmaceutical, biotechnology and medical device patent interferences and litigation, patent and trademark prosecution, and clearance opinions on validity, infringement and patentability. His practice is focused on all aspects of intellectual property in various technologies, including medical devices and mechanical technologies. Larry has had a long history of successfully handling matters before the Pat...
Jason Kravitz heads up Nixon Peabody's IP Litigation group. Jason is a trial lawyer and his practice focuses on patent, trademark, copyright, trade secret, privacy, and false advertising disputes. He has litigated cases involving a broad range of technologies, including software and hardware, business methods, personal care products, wireless devices, footwear, dental implants, and online advertising applications. What do you focus on? I focus on litigating and resolving intellectual property...
Tim’s extensive experience includes patent office litigation matters such as patent interference proceedings, Inter Partes Review and reexamination proceedings. He has shaped and executed winning strategies in patent litigations. In helping clients achieve their business goals, Tim devises strategies for maximizing the value of patent portfolios for litigation, licensing or acquisition. He develops and implements strategies for protecting his clients’ key technologies and for avoi...
A veteran trial attorney with comprehensive experience in intellectual property and other complex business litigation. I've litigated dozens of patent, copyright, trademark, trade secret, licensing, false advertising, unfair competition, and other technology disputes in state and federal courts and before arbitration panels. I also have particular experience in software development and licensing, counseling software developers on licensing and strategies for embracing, and managing the risks ...
Heather B. Repicky advises on patent, trademark, copyright, and trade secret issues facing companies large and small. Heather’s deep knowledge and litigation strength, combined with her strategic and direct approach, allows her to work with clients to resolve their most challenging intellectual property disputes. Heather focuses her practice on IP and complex commercial litigation. She is a first-chair litigator and has represented clients in all stages of the litigation life cycle, inc...
Benjamin M. Stern is a partner in Nutter’s Litigation Department. He focuses his practice on patent litigation and has extensive trial experience representing multinational and entrepreneurial companies in federal and state courts nationwide, as well before the U.S. International Trade Commission (ITC) and in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).With a strong background in both intellectual property litigation and complex commercial litig...
Sharona is a Partner at Sunstein. She concentrates in intellectual property litigation and trademark clearance, registration and enforcement. She has been involved in numerous patent, trademark, and trade secret litigations in federal court, including a successful jury trial involving medical device patents. She has also represented multiple clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board. Prior to joining Sunstein, Sharona worked at an internati...
Bruce Sunstein’s strategic approach to intellectual property has enabled a wide range of enterprises to achieve dominant patent positions in their markets. Patents issuing on applications that Bruce has handled have been enforced for 8- and 9-figure infringement recoveries. He is a patent & IP strategist for market leaders and startups in diverse industries including computer hardware and software, electronic circuits and systems, communications and speech, medical devices, pharmace...
Kerry Timbers has extensive experience trying complex patent litigations in a variety of industries including the life sciences, technology, and consumer oriented products. His trial background includes jury and non-jury cases, and arguments before the Court of Appeals for the Federal Circuit. His expertise includes participating in complex interference proceedings and inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. Kerry ha...
Lisa Tittemore is a partner at Sunstein and the Chair of the Litigation Practice. Lisa is a seasoned litigator, serving as lead counsel in patent, trademark and copyright litigation in federal courts throughout the United States. Lisa has extensive experience in intellectual property matters, providing strategic counsel to clients on both domestic and international issues and guiding the firm’s efforts in protecting and enforcing clients’ valuable brands and ideas. Lisa is a membe...
Tiffany M. Knapp is an intellectual property litigation partner in the Boston office of Kirkland & Ellis LLP. Her practice focuses on high-tech patent litigation in federal district courts and before the United States International Trade Commission. Her practice, supported by her background in software and computer science, covers a variety of complex technologies included consumer telecommunications systems, DDR4-compliant memory modules and DRAM, memory controllers, voice over internet ...
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