Intellectual Property Litigation
Jackson Walker’s Intellectual Property Litigation group is a powerful and experienced team of IP attorneys and trial lawyers who combine proven successful trial strategies, skillful advocacy, and appropriate staffing. We approach every case with the recognition that it may very well be tried before a jury, and we prepare accordingly. We are no strangers to, and in fact relish, the courtroom.
We have enforced and defended all types of intellectual property matters in federal and state courts across the United States, from California to Delaware, and from Illinois to Texas. Among other jurisdictions, we have significant patent litigation experience in federal civil courts of the Eastern District of Texas, one of the country’s premier forums for patent disputes. We have successfully represented numerous clients, including Fortune 500 companies, in litigation:
- involving patents, trademarks, copyrights, trade dress, trade secrets, and domain names
- in arbitrations and alternative dispute forums
- in proceedings before the International Trade Commission, the 5th Circuit Court of Appeals, the Federal Circuit Court of Appeals, the Trademark Trial & Appeal Board, and the U.S. Supreme Court
- in proceedings conducted pursuant to ICANN’s Uniform Dispute Resolution Policy
Clients confronted with disputes involving their patents, trademarks, service marks, trade dress, trade secrets, copyrights, or other intellectual property assets can rely on our experienced litigators to aggressively represent their interests in matters extending from infringement claims to unfair competition to disputes over commercial licensing agreements. We assist our clients in all stages of intellectual property conflicts and resolution of the conflict, from pre-litigation analysis and communications through final verdict and, if necessary, appeal.
We regularly represent Fortune 500 companies in infringement lawsuits involving intellectual property. Our experience includes successful appeals to the Fifth Circuit Court of Appeals, the Federal Circuit Court of Appeals, the Trademark Trial & Appeal Board, and the U.S. Supreme Court. Our IP trial lawyers have also enforced and defended our clients’ intellectual property rights in arbitrations, alternative dispute forums, and proceedings before the International Trade Commission and the Patent Trial and Appeal Board.
We actively monitor the use of our clients’ intellectual property, and we can act quickly to enforce these various rights against infringers through the effective use of temporary restraining orders and preliminary injunctions. With vast experience in both prosecuting and defending litigation cases involving patents, trademarks, and copyrights, we succeed in recovering damages and quickly obtaining injunctions for our clients. Often times, our commercial litigation experience allows us to resolve licensing and contract disputes quickly and efficiently.
Representative Matters Include:
- In the Matter of Certain Noise Cancelling Headphones, U.S. Int’l Trade Comm’n (2008). Jackson Walker represented Phitek Systems, Ltd., Creative Labs, Logitech, and GN US in this investigation initiated by Bose against six different companies alleging that the respondents infringe two Bose patents dealing with headphone acoustic design for noise cancelling headphones.
- NextCard, LLC v. American Express Company, Discovery Financial Services LLC, HSBC North America Holdings Inc., HSBC USA, Inc., and The PNC Financial Services Group, Inc., E.D. Tex. [Marshall] (2007). Jackson Walker serves as counsel for Defendants HSBC North America Holdings Inc. and HSBC USA Inc. in a patent infringement case related to online chat help and online credit card applications.
- James Martinez v. Samuel Timothy McGraw, et al., S.D. Tex. (2007-08). Jackson Walker represented the defendants, singer Tim McGraw, his record label, producers and writers of the song “Everywhere,” in this action alleging copyright infringement. The suit was filed in Corpus Christi federal court. Following extensive briefing on Jackson Walker’s motion to transfer, the Court ordered the plaintiff’s lawsuit transferred to the federal court in Nashville.
- Anheuser-Busch v. Pabst Brewing Company, TTAB (2007-pending). Jackson Walker was hired to prosecute a Pabst trademark application for “Pure Texan Beer.” After overcoming an examiner’s rejection that the mark is merely descriptive, the application was published for opposition. Anheuser-Busch has filed an opposition on the grounds that the words are only descriptive and that Anheuser-Busch wants to maintain an option to use the same or similar mark for its beer products. Discovery is ongoing.
- Datatreasury Corp. v. Wells Fargo & Co., et al., E.D. Tex. [Marshall] (2006-pending). Jackson Walker represents Defendants HSBC North American Holdings and HSBC Bank USA, N.A. in a patent infringement case related to the electronic imaging and transmission of financial transaction documents.
- Sanitec Industries, Inc. v. Micro-Waste Corp., S.D. Tex. (2004-07), aff’d (Fed. Cir. 2008). In a trial on the merits, Jackson Walker successfully defended Micro-Waste Corporation against willful infringement claims involving a patent related to medical waste disinfection utilizing microwave technology. Plaintiff appealed, and the Federal Circuit affirmed judgment in favor of Jackson Walker’s client.
- The Procter & Gamble Company, et al. v. Amway Corp., et al., SD. Tex. (2004). Jackson Walker defended Amway Corporation in a case involving a rumor about Procter & Gamble, including claims under the Lanham Act. After a two-week jury trial, the court granted judgment as a matter of law and summary judgment for Amway. Dismissal of Amway was affirmed after two appeals to the Fifth Circuit Court of Appeals. 242 F.3d 539; 376 F.3d 496.
- Comarco Wireless Technologies v. Mobility Electronics, D. Ariz. (2001-03). Jackson Walker represented Mobility Electronics in this patent infringement lawsuit. After an evidentiary hearing, the court gave credence to Mobility’s invalidity defense and denied Comarco’s request for injunctive relief, the lawsuit immediately settled. Denial of injunction allowed Mobility’s flagship product to remain on the market.