Intellectual Property

Patent, Trademark and Copyright Litigation

We have litigated patent, trademark infringement claims, as well as copyright disputes, involving several well-known industry names and products, such as Rogaine, Device Bindings and the Volkswagen trademark. We have made law in the appellate courts in intellectual property law.

Read about our recent success in a high-stakes patent infringement jury trial: News article.

Our experience with patents and licensing agreements includes:

  • Software
  • Engineering design
  • Chemical processes
  • Clean energy
  • Global mapping
  • Mining technologies
  • Detection technologies

Royalty and licensing agreements

We have handled a variety of complex royalty disputes under various kinds of licensing agreements, including enforcement of exclusivity granted under such licenses and a full range of disputes regarding the interpretation of licensing agreements. We have also represented clients in a number of arbitrations in connection with these kinds of disputes, as the same are often subject to mandatory arbitration clauses in the governing licensing agreements.

Hatch-Waxman exclusivity

We have litigated royalties under the exclusivity period extension of the Hatch-Waxman Act, which provided additional market exclusivity beyond the life of a patent for new clinical uses of patented medications.

Trade Secrets

The law regarding the protection of trade secrets is complex, and we have litigated a large number of these subjects, including confidentiality agreements, covenants not to compete, breach of loyalty on the part of departing employees, and industrial espionage claims.

Unfair Competition

We have litigated a wide variety of antitrust and other unfair competition claims arising under both state and law, including Robinson-Patman Act price discrimination claims, consumer protection claims, and false advertising claims.

Industry Knowledge

We have the scientific and engineering expertise that fosters superior understanding of the key industries in which intellectual property disputes arise, including:

  • Biotechnology
  • Internet and computing
  • Medical devices
  • Electronics
  • Pharmaceuticals
  • Engineering
  • Manufacturing processes

With our superior understanding of science and law, we are often called upon by other firms, including patent prosecution firms and IP litigation firms, to assist as co-counsel. This knowledge significantly accelerates the learning process needed by any attorney to become familiar enough with an intellectual property right to provide legal representation. Working with expert witnesses, and deposing adverse expert witnesses in particular, requires this detailed knowledge of the underlying scientific, engineering and medical principles that demark the claims of a patent or the scope of a licensing agreement.

Cost Containment

Intellectual property litigation can be expensive, but there are ways to control the costs associated with these disputes. Although they are often fact-intensive and sometimes require a significant number of depositions in order to prepare for trial, we have found that it is possible to streamline cases in such a way as to present the matter to a judge for an early determination based upon strategically limited discovery and case management motions, particularly in federal courts. We have evolved these methods during the past 20 years to provide greater value to our clients for the fees incurred.

The key to success in litigation is to be realistic and careful in terms of how a "win" is defined under the circumstances of any given dispute. No two cases are exactly alike. Remember that no attorney or firm can guarantee success according to any arbitrary standard or in terms of a favorable result at trial. Whether or not to try a case or settle a case is a decision a client makes with the advise of an attorney, and no attorney can guarantee anything about the outcome of a civil case. Any case, tried to a jury or a court, might be resolved unfavorably. Trials are inherently unpredictable. Statements contained on this website regarding the ability of the professionals at Godfrey | Johnson, P.C., are based upon good faith perceptions of our abilities demonstrated over years of practice, and are not intended to imply that the attorneys have never lost a case or that we can assure that any particular case will be won at trial or on motions. The best way to evaluate any case is to communicate about it in depth with qualified legal counsel, providing all relevant information to the attorney. It is dangerous to withhold facts from an attorney, and can lead to the delivery of legal advise that is fundamentally flawed. No attorney can prevent this from happening, as attorneys all must rely to some extent upon the information that is provided to them by their clients. The best way to evaluate an attorney is by that attorney's track record, and ours is open for discussion in any specific field. Our abilities as described on this website are based upon experience in actual cases, which have been successful more often than not. ©2015 Godfrey | Johnson, P.C. All rights reserved.