Intellectual Property Litigation Overview
Litigation is one of many options available to businesses as part of their offensive and defensive strategies. Clients come to Kenyon & Kenyon LLP for the breadth and depth of our knowledge in advising clients on all of their options. Our respected and thoughtful opinions afford our clients the necessary insight to make the most well informed decisions. Should litigation be warranted, our clients know they are in good hands. Our attorneys efficiently and effectively handle all of the details and issues, which may arise at any stage of both simple and complex litigation. Indeed, the firm is renowned throughout the world by in-house counsel and peers to have one of the largest and most lauded intellectual property litigation practices in existence. Result-based and annual surveys have placed the firm’s litigation practice at the top of many lists including Managing Intellectual Property’s World IP Survey, IP Law & Business’ Frequent Flyers (Who’s Getting Most of the Patent Cases) and National Law Journal’s Top Verdicts of the Year . But, surveys can only tell a small part of the story…
The firm has over 125 years of experience, on behalf of both plaintiffs and defendants, in all aspects and types of intellectual property litigation before federal courts, state courts and administrative agencies. This includes litigation involving patents, trademarks, copyrights, trade secrets, trade dress and unfair competition and trade practices.
Infringement Litigation
Much of the firm’s practice involves patent, trademark and copyright infringement litigation as well as trade secret and unfair competition litigation. Our attorneys regularly appear in both jury and bench trials in district courts throughout the country. Several partners have acted as lead counsel in major infringement, jury and bench trials. Other partners and associates have significant trial experience.
The key to any successful infringement trial is preparation. Although bold strikes and grand strategies are important, more often the careful attention to detail, thorough preparation for trial, and carefully written briefs are key to a successful outcome. From assembling the most appropriate team to handle the case, to collecting, producing and reviewing, if necessary, literally millions of pages of documents, to utilizing mock trials and preparing witnesses, the firm’s meticulous attention to detail is the key to our continued litigation successes.
In patent infringement cases, the successful presentation of a client’s case requires that the lawyers understand the technology involved. While some technical areas are less complex, frequently our attorneys must bring their substantial technical experience to bear on the case in order to translate the subject matter into a form understandable by a technically unsophisticated judge or jury. In addition, the firm attorneys have mastered the art and science of presenting complex evidence, employing the most up-to-date technology to make the evidence both vivid and understandable to courts and juries.
Appellate Practice
In litigation, sometimes it is not enough to win the battle at trial. Our attorneys have successfully argued dozens of Federal Circuit appeals. The firm also appears before regional appeals courts, and has successfully represented clients in precedent-setting cases involving trademark and regulatory issues in those courts.
United States International Trade Commission Practice
Although most patent infringement disputes are resolved in the federal courts, a number of significant cases involving imported goods are litigated before the United States International Trade Commission (ITC). Kenyon & Kenyon has successfully represented clients in several such disputes involving a variety of technologies and is considered a known resource in the area. Firm partners, Philip J. McCabe and John W. Bateman , maintain the leading “how to” treatise on ITC practice entitled Unfair Competition and the ITC: Actions Before the International Trade Commission Under Section 337 of the Tariff Act of 1930 which is published by West Group and was recently updated in the Fall of 2003.
Other Intellectual Property Litigation
Our litigation practice includes state law litigation over trade secrets, false advertising and other unfair competition and business practices as well as contested administrative proceedings before the Patent Office Board of Patent Appeals and Interferences and the Trademark Trial and Appeal Board.
International Litigation
The firm has a worldwide clientele. We represent not only North American companies, but also European, Japanese and multinational companies. We have found that for many clients, a U.S. patent litigation is often only one aspect of a more global dispute. We have coordinated such multinational disputes in a number of cases, both to ensure that the U.S. litigation, which is our primary responsibility, is not compromised by events in other countries and to assist counsel in those countries to present the most effective claims and defenses.
Alternative Dispute Resolution
The firm recognizes that protracted litigation sometimes represents a “no win” situation for both sides, and we therefore work with clients to develop alternatives to traditional litigation. As a result, we have developed extensive experience with alternative dispute resolution procedures including arbitration, mediation, and “mini-trial” proceedings. We also understand the view from “behind the bench” as our partners have served as arbitrators and mediators. This experience benefits our clients in complex arbitration proceedings.
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