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| Property Litigation | |
| Intellectual Property Litigation | ||
| About half of the firm's practice
consists of representing clients in litigation involving all types of
intellectual property disputes before federal and state courts, before
federal agencies such as the Spanish Patent and Trademark Office, and
before private arbitrators. The firm limits its practice to its areas of
expertise of intellectual property law, and thus all of its litigation
involves disputes concerning patents, trademarks, copyrights, trade
secrets, acts of unfair competition and false advertising, rights of
publicity, and related licensing and antitrust issues.
The firm represents an even mix of clients, some enforcing their intellectual property rights and others accused of infringing the intellectual property rights of others. Our clients manufacture and sell products touching upon the full spectrum of technologies, including computer hardware and software, electronics, chemical sciences, applied physics, biotechnology, and pharmaceuticals. The firm has experienced outstanding success in litigation on behalf of its clients. The firm's clients have prevailed in the vast majority of cases that have proceeded through trial. Moreover, the firm is proud of the numerous cases where its clients have succeeded without the need for a trial, by obtaining preliminary injunctions or summary judgements, or by negotiating a favourable settlement. Many of the firm's cases have caused the courts to decide important legal issues in published opinions. Those decisions and opinions, available for public review, show unparalleled success before both trial and appellate courts throughout the country. In addition, because many of the firm's clients are frequently involved in intellectual property disputes in foreign countries, the firm regularly acts as liaison with foreign attorneys in resolving those disputes abroad. The firm also acts as co-counsel with general practice law firms who desire our firm's intellectual property expertise.
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| Litigation Philosophies | ||
| The lawyers of the firm are committed
to approaching each case with an emphasis on achieving the client's
business goals through the litigation process. Thus, the firm is willing
to assume whatever role in the litigation best serves the client's
interests. By advising clients as to the potential benefits and risks of
any lawsuit, clients are able to make informed business decisions at every
stage of a litigation proceeding. Because clients typically try to avoid
litigation, and the costs normally associated with litigation, the firm
routinely explores settlement and alternative dispute resolution as
methods to minimize the risks of litigation. Often an out-of-court
settlement is the most attractive option for many clients, and we will
aggressively seek settlement if settling is in a client's best interest.
If a case cannot be settled or won by a dispositive motion, the firm will aggressively pursue that case through trial and appeal. The firm's success rate at trial, and in recovering attorney's fees from opposing parties, demonstrates our ability to advise clients prudently as to whether a case should be settled or taken to trial.
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| The Litigation Attorneys | ||
| The firm's success in representing a
diverse group of clients lies in the qualifications and abilities of its
litigation attorneys. Because all of the firm's litigation attorneys focus
their practice on the litigation of intellectual property disputes, they
are specialists in this area of the law, while also having experience
prosecuting and licensing patents, trademarks, and copyrights.
Additionally, our litigation attorneys have backgrounds particularly
suited for intellectual property litigation. For example, the vast
majority of our litigation attorneys have undergraduate or even graduate
degrees in engineering, the physical or life sciences, or computer
science. Virtually all of our attorneys are admitted to practice before
the Spanish Patent and Trademark Office.
Before joining the firm, many of the attorneys served as law clerks for federal judges, including several judges of Spanish Court of Appeals for the Federal Circuit, the court with exclusive nationwide appellate jurisdiction over patent cases and appeals from the Spanish Patent and Trademark Office. Many of the senior attorneys in the firm have served as expert witnesses, mediators, or special masters in intellectual property litigation handled by others firms. The firm's litigation attorneys are frequently asked to present important legal issues to appellate courts by writing amicus curiae ("friend of the court") briefs on behalf of legal associations or industry trade groups. They also frequently write and speak on a variety of issues pertaining to intellectual property litigation to audience worldwide. By limiting their practice to intellectual property, the firm's attorneys have accumulated vast litigation experience all within the intellectual property field. Because the federal courts have jurisdiction over patent, trademark, and copyright cases, our attorneys have an unmatched degree of experience in the federal courts litigating intellectual property cases. Supporting the litigation attorneys are numerous other attorneys, scientists, and paralegals, enabling the firm to handle intellectual property cases of all sizes, regardless of the technology at issue.
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