IP Litigation

The IP Litigation team at Nixon Vanderhye has a long history of enforcing our clients’ intellectual property rights, defending against infringement claims, and providing strategic counsel on approaches designed to achieve both short- and long-term objectives. Our experienced litigators work closely with clients to explore all the different options, and advise on the risks, costs, and benefits associated with each alternative. By keeping our clients fully informed and involved, we can effectively craft the appropriate approach. That steadfast commitment to communication allows us to provide the best possible representation in all types of disputes – whether we are litigating high-value, high-profile cases or defending against nuisance claims.

Our goal is always to control the cost of litigation without compromising our dedication and aggressive representation. We efficiently staff each matter with experienced litigators who bring in-depth knowledge of the subject matter and issues relevant to the case. Because our attorneys have deep experience in developing effective pretrial strategies, our clients are often able to prevail in the early stages of a dispute, thus saving both the time and expense associated with prolonged litigation.

Other law firms also call upon Nixon Vanderhye attorneys to handle the core technological and IP-related aspects associated with large, complex litigations. We have also served as expert witnesses and consultants with respect to issues of infringement, validity, inequitable conduct, and malpractice in a wide range of cases.

Nixon Vanderhye’s IP Litigation Practice encompasses:

Nixon Vanderhye attorneys have represented clients in the patent litigation arena in jury trials, bench trials, International Trade Commission (ITC) cases, and appellate proceedings. We combine our technical and legal skills with a thorough understanding of our clients’ technologies and their businesses – and that of their competitors – to develop a litigation strategy that dovetails with each client’s objectives.

IPRs, PGRs, CBMs, Reexams, and Derivations
Our approach to patent litigation includes a strategic assessment of when and how to make use of inter partes reviews (IPRs), post-grant reviews (PGRs), ex parte reexaminations, and covered business method reviews (CBMs) before the U.S. Patent and Trademark Office (USPTO) and its Patent Trial and Appeal Board (PTAB). The PTAB’s practices and procedures can be arcane and filled with potential minefields.  However, our success in navigating those practices and procedures uniquely positions Nixon Vanderhye attorneys to achieve our clients’ patent-related objectives across the spectrum of technologies.

Trademarks and Unfair Competition
Nixon Vanderhye litigates and consults in proceedings before federal and state courts, the Trademark Trial and Appeal Board (TTAB), and international arbitration panels in all aspects of trademark and trade dress infringement, trademark dilution, unfair competition, and domain name disputes.

We also work closely with a well-established network of foreign attorneys to protect and enforce our clients’ trademark rights across the globe.

Nixon Vanderhye’s extensive experience in patent-related antitrust litigation includes a 2018 Walker Process fraud/sham patent infringement litigation case in the Northern District of Illinois that resulted in a $315 million damages award against a multibillion-dollar gaming industry giant. Prior to that case, Nixon Vanderhye won a $39 million jury verdict in another sham litigation case tried before a jury in the Southern District of Mississippi. Sham patent litigation and Walker Process fraud antitrust cases are rarely litigated to a successful conclusion. Nixon Vanderhye has done so twice. No other law firm can make that claim.

Trade Secrets
Nixon Vanderhye attorneys help clients to identify and implement optimum protection of their trade secrets, which can range from manufacturing processes to computer software source code to confidential customer information. Through pre-litigation advice, arbitration, and judicial proceedings, we help protect, enforce, and defend against unauthorized disclosure of trade secrets by competitors, employees, and contractual obligees under nondisclosure agreements, utilizing the Defend Trade Secrets Act and various other statutes and common law remedies. In addition to U.S. domestic litigation, Nixon Vanderhye attorneys have also assisted foreign counsel in trade secret litigations outside the U.S.

Domain Names
Internet domain names are an important aspect of almost every business in today’s economy and are often the primary “address” through which companies interact with consumers. Nixon Vanderhye attorneys regularly help clients navigate domain name disputes, are skilled in representing their clients’ interests through ICANN’s Domain-Name Dispute-Resolution Policy (UDRP), and bring a thorough understanding of the Anticybersquatting Consumer Protection Act (ACPA).

Nixon Vanderhye assists clients from a broad range of industries with a variety of copyright enforcement and defense issues relating to a variety of works – including, but, not limited to, software, music, books, games, artwork, television, and film. Our attorneys strategically utilize copyright protection, often in conjunction with trademark, trade dress, and design patent rights, to combat infringement and counterfeiting in the U.S. and abroad. Whether responding to claims of infringement against our clients or enforcing our clients’ rights in copyrighted works, we efficiently work to effectively achieve our clients’ desired outcomes and protect their intellectual property rights in all forms of creative expression.