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Holland & Hart's Intellectual Property Litigation Practice is comprised of attorneys who focus on developing strategies for enforcing and exploiting patent, trademark, copyright, trade dress, trade secret and other IP rights. Adept at mediation and other forms of alternative dispute resolution, our trial attorneys are also equipped to try cases, with a full-sized mock courtroom, an in-house team of jury consultants, and an extensive multimedia and graphics department at our disposal. We approach IP Litigation from a standpoint of common sense and persuasiveness. We develop trial themes at the outset and focus our efforts during litigation to streamline costs and maximize the potential for early and favorable settlement.
As trial attorneys, we are prepared to litigate any dispute, but our first priority is our clients' business objectives. After a dispute arises, we move quickly to analyze the merits of the dispute, the alternative mechanisms and scenarios for resolving the dispute, as well as the costs associated with each scenario. Our clients benefit from this early analysis and can better determine whether it is in their best interest to litigate the dispute or settle the dispute in a manner that better satisfies the client's business objectives.
In addition to litigation, our IP attorneys work with clients to develop long-term strategies for developing and protecting their intellectual property and technology assets. These strategies may include: audits to identify, inventory and protect IP assets; campaigns to license IP assets and/or to acquire IP assets from third-parties; and enforcement strategies, which often include litigation on some level.
Although we are based in the Mountain West, our IP attorneys assist clients with litigation and strategy on a national scope. Our litigators have appeared in 32 U.S. District Courts and eight U.S. Circuit Appellate Courts, including the U.S. Court of Appeals for the Federal Circuit. We also regularly represent clients before the U.S. Patent and Trademark Office's Board of Patent Interferences and Trademark Trial and Appeal Board. Not only is our practice national in scope, but it also has a global component. Working with hand-picked foreign law firms, we manage intellectual property litigation for our clients in countries throughout the world.
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| Representative Copyright Cases |
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Artists' Society Represented an artists' society for over 30 years in hundreds of successful cases filed to protect the copyrights of its members.
Artwork Distributor (U.S. District Court, District of Utah). Copyright dispute regarding a painting. We represented the defendant. The case settled before trial favorable to our client.
| | Representative List of Contract Cases with Major Technology Issues |
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Medical Device (U.S. Dist. Ct., D. Colo.) Patent licensing dispute involving medical infusion pump patent and technology. The case was settled on very favorable terms for our client, Stryker Corporation.
Medical Device (U.S. District Court, District of Utah). Represent defendants in a "theft of invention" and breach of confidential disclosure agreement relating to closed suction tracheal systems (for patents on ventilators). Case was tried in November, but no judgment has yet been entered by the court.
| | Representative List of Domain Name Cases |
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Internet Search Services (U.S. Dist. Ct. D. Colo. and D. Utah; U.S. Patent and Trademark Office). Represented Internet search services company and president, defendants in an action for trademark infringement, violation of the AntiCybersquatting Consumer Protection Act, and unfair competition, as well as in related inter partes proceeding regarding a claimed mark. Obtained jury verdict in favor of our clients on all claims and invalidating the plaintiff's claimed trademark rights. The United States Patent and Trademark Office proceeding is still pending.
| | Representative Patent Cases |
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Agricultural chemicals (U.S. Dist. Ct., E.D. Cal.). Represented the patent holder in a case involving a chemical composition used in fertilizers. The defendant asserted antitrust, contract and business tort counterclaims. After a six-week jury trial, our client prevailed on all counts.
Airline (U.S. Dist. Ct., D. Minn.). Represent defendant in case in which the technology at issue relates to Advance Notification System for use in transportation and other applications.
| | Representative Software Performance Cases |
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Insurance Company (AAA Arbitration): Represented the claimant software user in a case involving breach of computer software performance standards and misrepresentation. Case ultimately settled on terms highly favorable to our client.
Media Company (Arbitration). Represented the plaintiff/user in a computer software performance case. After a three week arbitration, the arbitrators issued an award in favor of our client.
| | Representative Trade Dress Cases |
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Automotive (U.S. District Court, District of Colorado). Represent after-market manufacturer of hot-street rod products in copyright, unfair competition, trade dress, and trademark infringement case. Successfully obtained dismissal of statutory damage claim. Case is currently pending.
Cable Protector (Arbitration in Denver, Utah). Arbitrated trade dress dispute relating to cable protector product. Represented the plaintiff. The case settled before the arbitration.
| | Representative Trade Secret Cases |
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Atmel Corp. v. Vitesse Semiconductor Corp., 30 P.3d 789 (Dist. Ct., El Paso County, Colo. Ct. App.). Represented defendant Vitesse Semiconductor Corp. in misappropriation of trade secrets and breach of confidentiality agreement action involving former employees of plaintiff. Represented defendant through trial court proceedings and appellate proceedings.
Building Products (Denver District Court). Defendant attempted to e-mail to herself our client's trade secret documents relating to their certification program. We obtained a temporary restraining order preventing the misappropriation and requiring return of any trade secret documents. The Court awarded our client its reasonable attorneys' fees under the Colorado Uniform Trade Secrets Act.
| | Representative Trademark Cases |
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Automotive (U.S. District Court, District of Colorado). Represent after-market manufacturer of hot-street rod products in copyright, unfair competition, trade dress, and trademark infringement case. Successfully obtained dismissal of statutory damage claim. Case is currently pending.
AutoZone v. Tandy 174 F.Supp.2d 718, 726-33 (U.S. Dist. Ct., M.D. Tenn.). Represented the defendant RadioShack in a trademark infringement action. The trial court ruled in favor of our client and granted RadioShack's motion for summary judgment. The Sixth Circuit Court of Appeals affirmed the District Court's decision in favor of our client.
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Past Speaking Engagements and Events
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October 5, 2010
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September 30, 2009
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September 29, 2009
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June 26, 2008
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