Our Practice
In today’s increasingly competitive business environment, successful (and smart) companies have plans in place to vigorously protect and enforce their intellectual property and technology rights. They also seek to avoid liability for infringing the intellectual property rights of others.
Snell & Wilmer’s Intellectual Property and Technology Litigation team assists clients in meeting both these needs. Representing large corporations, small businesses and individuals, our attorneys have an extensive knowledge of our clients’ businesses, issues and objectives, along with significant experience litigating a wide variety of IP- and technology-related issues including patent, trademark and unfair competition, false endorsement, deceptive advertising, copyright, trade secrets, information security and Computer Fraud and Abuse Act issues as well as licensing disputes of various kinds.
Our intellectual property and technology litigators have the breadth and depth of experience to help you accomplish your business objectives in the litigation setting:
- Patent Litigation Our patent litigators help our clients protect and leverage their patent rights, defend against the infringement claims of others, work to establish a competitive marketplace position and, ultimately, provide value to owners/investors. We are experienced at all phases of patent litigation, from the counseling stage through sending (or responding to) the demand letter, through Markman proceedings, discovery, trial and appeal to the Federal Circuit.
- Trademark, Copyright, and Advertising Litigation Our attorneys represent clients in litigation matters arising from the selection, protection and enforcement of company and brand names, slogans and trade dress for U.S. and worldwide markets. We have significant litigation experience in copyright, consumer protection, unfair competition and advertising and marketing practices claims. Our litigators represent clients in pursuing and defending claims of trademark and trade dress infringement, dilution, counterfeiting, cybersquatting, false endorsement and deceptive advertising claims.
- Trade Secrets Litigation A company’s most valuable assets often include its confidential business information and the employees entrusted with this information. As issues arise, our team of litigators has the experience to handle any trade secret matter - whether or not involving high technology - and frequently litigates cases involving misappropriation of trade secrets, restrictive covenants, employee raiding, customer raiding and departures of key employees.
- Science, Technology, and Complex Systems Litigation Clients sometimes find themselves confronting unusual, complex litigation matters - often, but not always, involving science or technology - that call for litigation counsel with the acuity, experience and wisdom to zero in on the central issues, develop a corresponding litigation strategy that makes the most business sense for the client and prosecute that strategy through to conclusion. We have handled many such matters for our clients including, for example, a variety of information security breach, complex electronic discovery and Computer Fraud and Abuse Act matters.
Our Attorneys
Our litigators are available to provide our clients with sophisticated representation across our geographic footprint and beyond. Our ranks include registered patent attorneys and former practicing engineers with degrees in the electrical, computer, chemical, mechanical, environmental, bioscience, systems software and other engineering and scientific disciplines. Our lawyers meaningfully participate in a variety of professional organizations including various sections of the ABA, INTA, AIPLA, and others, and teach at the university level as well.
In addition, while each client’s decision whether to press forward to trial depends on client- and matter-specific considerations, we have found that our clients are best served by lawyers who stand ready, willing and able to take the case to trial if necessary. We have significant trial experience, including representation in patent infringement, trademark infringement, copyright infringement and other IP- and technology-related matters, as well as broad trial experience in other substantive legal areas.
Our Clients
We have represented clients ranging from entrepreneurs to Fortune 500 companies across a wide variety of industries, including software, hardware, financial institutions, education, energy, biotechnology, consumer products, industrial equipment, restaurant and hospitality. Our experience serving numerous clients, across a wide variety of industries, in disputes large and small, enables us to effectively tailor our representation to fit each particular client’s needs. We have represented clients in matters involving a broad array of products and services, including but not limited to the following:
- Agricultural products
- Architectural and construction services
- Audio systems
- Automotive accessories
- Binoculars
- Biotechnology products
- Clothing
- Commercial buildings and systems
- Commercial storage systems
- Computer systems
- Consumer products
- Construction products
- Controls
- Cosmetics
- Dental products
- Design software
- Electronic payment systems
- Electronic charger systems
- Financial methods, systems and services
- Footwear
- Franchise systems
- Fuels technology — natural and synthetic
- Genetic testing services
- GPS systems
- Health care services and consulting
- Health care software systems
- Hearth products
- HVAC systems
- Home alarm systems
- Home furnishings
- Industrial products and systems
- Internet applications
- Learning systems
- Medical devices and technology
- Operating systems software
- Nanotechnology in solar applications
- Nutritional supplements
- Payment and stored value card technology
- Personal care products
- Pesticide delivery systems
- Pharmaceutical products
- Product packaging
- Retail grocery sales
- Search engine optimization
- Telecommunications systems and technology
- Traffic monitoring systems
- Transportation services
- Video games
Our Experience
We represent clients in the federal courts (including the Federal Circuit and various federal district courts), state courts, as well as before the International Trade Commission, the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences. Our recent experience includes not only asserting and defending infringement actions, but also making effective use of the malicious prosecution and abuse of process laws to assist our clients in fighting non-manufacturing patentees. We have taken our clients through mediation and arbitration, as well as the temporary restraining order/preliminary injunction hearing process, dismissal proceedings, summary judgment, trial and appeals. We also are experienced with patent reexamination and reissue proceedings, patent interferences, 19 U.S.C. § 1337 investigations, trademark opposition and cancellation proceedings, and Uniform Domain Name Dispute Resolution Policy proceedings.
