Intellectual Property Litigation

Areas of Focus

Asserting and defending intellectual assets to achieve our clients’ objectives.

Businesses, inventors, and innovators rely on Holland & Hart to enforce their intellectual property rights. When protecting valuable IP assets or facing a transaction dispute or infringement allegation, the right litigation team is essential. Ours has successfully resolved cases through early case dismissal, at trial, and on appeal in US district courts, the Federal Circuit, and other US circuit courts, and before the USPTO, PTAB, TTAB, and ITC. Tenacious, yet practical, tactical, and focused, we help further client goals around the world.

We take a commonsense approach, set clear goals, argue persuasively, and collaborate easily with other counsel. Conducting early case assessments, we identify and deliver compelling arguments. Harnessing the latest technologies streamlines document review, contains costs, and maximizes the potential for early and favorable resolution. Whether a dispute involves patents, trademarks, copyrights, trade dress, trade secrets, domain names, or other IP issues—such as noncompete violations or trade secret misappropriation—experience makes all the difference.

Intellectual Property Litigation Client Results

Representative Copyright Cases

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

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

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

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

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

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

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

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.