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Intellectual Property Litigation

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Miller Canfield's IP trial attorneys have successfully asserted and defended hundreds of intellectual property claims before judges and juries in every court, agency and forum in which these disputes are litigated. We have successfully tried cases in:

  • federal district courts across the country (bench and jury trials)
  • the International Trade Commission (which resolves infringement claims against goods imported into the U.S. from abroad)
  • the Court of Federal Claims (which hears infringement claims asserted against the federal government)

Likewise, we have represented clients—in both state court and federal court—at countless preliminary injunction hearings and trials over trade secret misappropriation claims, non-competition enforcement claims, and non-solicitation enforcement actions.

In this global economy, IP battles often spill over national borders. We have a remarkable record of success in protecting our clients' intellectual property rights in international arbitrations across the globe.

IP battles also can rise within the U.S. Patent and Trademark Office. Our IP team has record of success advocating for clients in:

  • trademark disputes before the Trademark Trial and Appeal Board
  • patent disputes in Inter Partes Review ("IPR") proceedings before the Patent Trial and Appeal Board
  • post grant patent validity challenges in Post Grant Review ("PGR") proceedings before the Patent Trial and Appeal Board

Our world-class trial teams have a proven record of successfully handling high-tech, high-stakes and complex matters. Our clients say they benefit from our extensive trial experience and our litigation approach. We perform a rigorous legal and evidentiary analysis at the outset of the case so we can identify the winning theory of the case before engaging in discovery. If there is a way to achieve a quick victory in a threshold motion, we will identify it. If not, we will litigate efficiently by staying focused. We strive to avoid unnecessary motions, unfocused discovery and needless bickering with opposing counsel. These distractions waste resources and rarely confer any meaningful advantage.

Many of our lawyers have been ranked by some of the most respected resources, including the American College of Trial Lawyers and Chambers USA.

Patent Litigation

Our patent litigation experience is particularly deep and wide. Given the high-stakes, high-risk nature of patent litigation, most cases that are not resolved by motion practice end in settlement; relatively few go to trial. Our patent litigation team, however, has far more first-chair patent trial experience than most. And we have compiled trial victories not only federal district courts, but in the International Trade Commission and the Court of Federal Claims.

Likewise, we have litigated and tried cases covering a broad spectrum of technologies and industries, including mechanical devices (automotive, medical device, manufacturing, consumer products, etc.), computer technology (integrated circuit design and fabrication, software, e-commerce systems, etc.), electrical devices and systems (switches, wireless communications, etc.) and chemical products (pharmaceuticals, industrial chemicals, etc.). We have successfully represented telecommunications companies, pharmaceutical companies, automobile companies, internet businesses, and clients in dozens of other industries. 

Our attorneys have litigated high-stakes cases for some of the world's biggest and best known companies. As our representative cases reflect, we have prevailed in cases involving particularly challenging legal issues and complex technologies.

But patent litigation is not only about winning the legal battle. That's why we focus on achieving the best possible business outcome—which means winning quickly and with minimal cost. The ultimate skill in patent litigation is not achieving 100 victories at the end of 100 hard-fought litigations. The ultimate skill is winning a case before the client is required to spend a fortune in litigation costs. It is not always possible to short-circuit an otherwise expensive patent case with a "quick kill." But when it is possible, we will find a way to do it.