Intellectual Property Litigation

Kenyon & Kenyon LLP has a demonstrated record of achieving successful results in high stakes patent, trademark, copyright, trade secret, and unfair competition disputes. Denoted by Chambers USA as a “venerable IP boutique” with the “depth to take on large scale litigation,” we are the trusted litigation counsel to plaintiffs and defendants alike. Our ability to help clients accomplish their objectives in bet-the-company cases arising before the U.S. federal and state courts has earned us a reputation as formidable adversaries with an aptitude for leading trial teams to victory. This reputation carries over into Kenyon’s representation of clients before the International Trade Commission (“ITC”) and in contested administrative proceedings before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) and the Trademark Trial and Appeal Board (“TTAB”).

Kenyon has the scientific and technical knowledge to take on any IP case, assess the scope of the claims, and analyze determinative factors, such as prior art. In addition, we are familiar with the local rules and juror proclivities of jurisdictions known as hotbeds of intellectual property litigation. We have been litigating in many of these jurisdictions for as long as parties have been disputing intellectual property rights in them. We know how similarly situated litigants have fared and we are able to inform clients about the directions their cases may take. This knowledge helps us craft litigation strategies that are specific to the venue and designed to help our clients reach their goals within timeline and budget constraints. According to clients consulted by The Legal 500, Kenyon advises them on “exactly what they need, when they need it.”

Exceptionally thorough in our trial preparation, we pay careful attention to detail throughout document collection, review, and production. Kenyon is adept at making recommendations with respect to procedural and substantive defenses. And we limit the possibility of surprises in the courtroom by using extensive witness preparation and mock trials to explore all possible arguments and outcomes before trial begins. Our preparation fosters our ability to develop evidence and file early dispositive motions that reduce the number of claims asserted or result in early resolution in our clients’ favor.

When our cases proceed to trial, we excel at translating complicated subject matter and evidence into a form comprehensible to anyone, including a technically unsophisticated judge or juror. Kenyon’s record of winning substantial jury and bench verdicts has earned us the loyalty of some of the world’s leading companies. We have also successfully argued dozens of appeals at the U.S. Court of Appeals for the Federal Circuit, garnishing what many consider to be the best record of any firm in the United States before that tribunal. As a testament to our abilities, multi-defendant groups frequently hire us as trial counsel when the amounts in controversy and demands are too high for settlement to be an option.

Kenyon’s reputation as a top notch IP litigation firm affords us leverage against opposing counsel, many of whom would prefer to negotiate settlement rather than face us in the courtroom. As a result, we have been known to negotiate early settlement agreements that resolve our clients’ cases for fractional amounts of the damages claimed. Kenyon also has extensive experience with alternative dispute resolution (“ADR”) procedures including arbitration, mediation, and mini-trial proceedings. Many of our partners have served as arbitrators and mediators, affording us a view from “behind the bench,” which helps us make recommendations when ADR is or should be considered.