IP Litigation

Protect Your Assets

From widespread unauthorized use of a company’s patents and trademarks in international markets to illicit downloads of music and books in our neighbor’s homes, companies are constantly fighting to protect the rights to their intellectual property.  As technology facilitates the misuse of patented, trademarked, and copyrighted materials, businesses must aggressively find ways to enforce the rights they earned to sell and market their intellectual property.

Blank Rome’s intellectual property attorneys have extensive experience litigating every aspect of U.S. and international patent, trademark, and copyright law for clients in dozens of industries.  Blank Rome attorneys investigate, procure, and enforce intellectual property rights around the globe.  Our lawyers’ in-depth knowledge of e-commerce, Internet, and Web site matters is an important tool in defending the IP materials of our clients.

Over the past quarter-century, Blank Rome has expanded the depth of our intellectual property and international trade litigation experience, with particular emphasis on:

  • patent and trademark litigation and licensing
  • patent infringement and validity studies and opinions
  • patent litigation and prosecution
  • copyright litigation and prosecution
  • copyright protection
  • e-commerce
  • licenses and royalty matters
  • trade secret litigation
  • trademark litigation and prosecution
  • trials and appeals in the federal courts
  • U.S. Customs enforcement of patents, trademarks, and copyrights

Blank Rome has established itself as one of the leading firms in successfully prosecuting cases under the jurisdiction of the U.S. International Trade Commission (ITC).  Our work includes:

  • Section 337 cases before the ITC
  • civil actions in the Court of International Trade
  • dumping / countervailing duty cases in the ITC and Department of Commerce

Patent Litigation

Blank Rome’s patent litigation attorneys have represented numerous clients in infringement suits and declaratory judgment actions, both on the patent enforcement and defense sides.  All of Blank Rome’s patent attorneys are registered to practice before the U.S. Patent and Trademark Office and hold bachelor's and advanced degrees in chemical, mechanical, electrical, environmental, or nuclear engineering, or in physics or life sciences.  By education and experience, these attorneys are equipped to handle technologies in virtually every industry, including emerging areas such as biotechnology, pharmaceuticals, semiconductors, and electronics.

Hatch-Waxman Litigation 

Blank Rome offers its clients access to a multidisciplinary group of attorneys and patent professionals with a thorough understanding of legal issues affecting brand name and generic drug companies, including patent and market exclusivity issues for both small molecule drugs and biologics (the Hatch-Waxman Act and the Biologics Price Competition and Innovation Act). We represent pharmaceutical and other life science companies in contested matters before the U.S. Patent and Trademark Office (including inter partes reviews, post grant reviews, derivation proceedings, and interferences), patent prosecution and counseling, licensing transactions, supply and licensing disputes, and all stages of Abbreviated New Drug Application (“ANDA”) litigation arising under the Hatch-Waxman Act following a Paragraph IV certification. To learn more about our Hatch-Waxman litigation capabilities, please click here.  

Trademark Litigation

Blank Rome’s trademark litigation lawyers represent clients in suits based on federally registered marks and also in actions based on infringement of common-law trademarks, misappropriation of trade dress, and related acts of unfair competition, such as passing-off and false advertising.  Blank Rome’s trademark attorneys have experience in counseling and representation in connection with inter partes proceedings before the Trademark Trial and Appeal Board, as well as before all U.S. courts, involving all substantive aspects of trademark, trade dress, and unfair competition law.

We have considerable experience in counseling and representing parties to litigation arising out of alleged misappropriation of trade secrets, proprietary know-how, and other categories of confidential information.  As part of our international trade practice, Blank Rome provides counseling and representation in a variety of international trade investigations and enforcement actions.

Copyright Litigation

Blank Rome’s comprehensive intellectual property litigation practice handles the most complex copyright issues, ranging from traditional bricks-and-mortar businesses to new concerns from the high-tech world of computers, Internet, and publishing.

Select Engagements

  • International, upscale car manufacturer, in trademark-infringement action brought by competitor involving use of designations Q5 and Q7 for SUVs.  Negotiated favorable settlement allowing manufacturer to proceed with marketing and roll-out of new line of vehicles in U.S. market.
  • Organization of greenkeepers, in patent-interference proceeding and related appeal to the Federal Circuit in case involving rights to patent on non-metallic golf cleats used by entire golf-shoe industry.
  • Manufacturer of secure and specialized systems for satellite, avionics, and marine communications, in an arbitration proceeding in which a scientist sought damages in excess of $175 million, contending, among other things, that the company, to which he had transferred the rights to certain patents, had failed to exploit his new technology, thereby reducing his royalties.
  • Manufacturer of computer and digital music products, in a landmark ITC case where complainant was seeking relief against patent and copyright infringement of technical circuitry by imports from Taiwan and Hong Kong.  Hearings raised domestic industry issue because of company’s foreign manufacture of certain components.  ITC issued exclusion order against articles that infringed patent and copyrights, including components that contributorily infringed copyrights.
  • Software and billing, customer care, and telemanagement services company, in the prosecution of a series of software patent infringement cases, obtaining favorable settlements.
  • Oil company against another oil company in patent infringement litigation in Wilmington, DE, federal court involving a claim relating to intellectual property involved in oil refinery “cracking” processes.
  • Successfully represent clients in litigation involving the sales and income tax treatment of the sale and purchase of software programs—both canned or pre-written software and custom software.

Experienced Attorneys, Recognized in Their Fields

The intellectual property litigation practice includes former U.S. Patent and Trademark Office attorneys and is complemented by the former practicing engineers and former patent examiners with in-depth experience in patent prosecution matters.  The National Law Journal has rated Blank Rome as one of the top 10 patent litigation firms in the country.  Intellectual Property Today has ranked the Firm among the top 40 trademark firms in the country.