IP Litigation

EM³'s IP Litigation practice handles patent, copyright, trademark, trade secret misappropriation, and advertising matters, including large-scale, bet-the-company cases. The litigation team brings experience in the venues where IP cases are most often litigated.

Before disputes reach the courtroom, the Firm works with clients to assess the strength of their position, evaluate potential exposure, and develop strategies that may resolve matters without the cost and disruption of formal litigation. Our pre-litigation services include cease-and-desist campaigns, licensing negotiations, demand response strategies, PTAB and TTAB petition analysis, and early case assessment that quantifies risk and informs business decisions.

The Firm tries cases before juries, judges, and arbitrators in state courts, federal district courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. International Trade Commission, the Patent Trial and Appeal Board, and the Trademark Trial and Appeal Board.

Our patent litigators handle the full range of patent disputes across technologies and industries, including:

• Patent infringement litigation (both offensive and defensive)
• ANDA litigation under the Hatch-Waxman Act
• Patent validity challenges and invalidity defenses
• International Trade Commission (ITC) proceedings
• Patent Trial and Appeal Board (PTAB) proceedings
• Inter partes review (IPR) and covered business method (CBM) challenges
• Post-grant review proceedings

Our trademark practice has handled some of the highest-profile trademark matters with extraordinary results, representing corporations and individuals in all phases of litigation, from obtaining and defeating initial TROs and preliminary injunctions through final appeals to the U.S. Supreme Court. Representative matters include:

• Trademark infringement and dilution claims
• Domain name disputes and cybersquatting
• TTAB opposition and cancellation proceedings
• Trade dress and design patent litigation
• Right of publicity and celebrity endorsement disputes

The Firm represents clients in false advertising and unfair competition disputes involving competitor claims, product marketing, endorsements, comparative advertising, and consumer deception allegations. EM³ litigates claims under the Lanham Act, state unfair competition statutes, and related common law causes of action in industries where advertising and branding directly affect market share and reputation. Representative matters include:

• Lanham Act false advertising claims
• Competitor disputes involving misleading marketing and promotional practices
• Comparative advertising and substantiation challenges
• Consumer deception and unfair competition claims
• Influencer, endorsement, and testimonial disputes
• Healthcare, pharmaceutical, and consumer product advertising litigation
• Emergency injunctive relief and corrective advertising remedies

The Firm represents clients in a broad range of copyright matters, including:

• Copyright infringement actions in federal court
• Digital Millennium Copyright Act (DMCA) disputes
• Fair use and transformative use defenses
• Software copyright and piracy enforcement
• Music, film, and entertainment copyright matters
• Digital content and streaming rights disputes

The Firm protects clients' proprietary information and competitive advantages through trade secrets litigation, including:

• Trade secret misappropriation claims
• Employee mobility and restrictive covenant disputes
• Computer fraud and data theft investigations
• Economic espionage and unfair competition
• Emergency injunctive relief proceedings

When litigation is not the optimal path, the Firm resolves IP disputes through alternative mechanisms, including:

• IP arbitration and mediation proceedings
• Expedited arbitration for technology disputes
• Expert determination in licensing disputes
• Arbitration under AAA rules
• Cross-border IP dispute resolution

The Firm formulates legal strategy with the client's business interests at the forefront. Its approach includes:

• Comprehensive case assessment and risk analysis
• Cost-effective discovery strategies and e-discovery management
• Expert witness selection and preparation
• Settlement negotiations and licensing discussions
• Appeals strategy and advocacy
• International coordination for multi-jurisdictional disputes

Our litigators bring experience across a wide range of industries and technologies, including life sciences, consumer products, entertainment, financial services, automotive, telecommunications, and emerging sectors including AI.