Intellectual Property Litigation

For more than 30 years, Freeborn has been a leader in patent and intellectual property litigation, litigating many cases raising patent infringement and validity issues, state law trade secret, and Lanham Act and Copyright Act claims.  We are also experienced in protecting client brands, trade secrets and trademarks.

Intellectual Property Litigation

As skilled litigators, we effectively present intellectual property cases to non-technical judges, juries or arbitrators. We also provide patent valuations relative to intellectual property litigation. We believe this focus creates a distinct advantage over the same presentation by traditional patent counsel or technically inexperienced general litigators. Our team includes many skilled trial lawyers experienced in patent litigation who are experienced at understanding and explaining highly technical concepts to a lay audience in an understandable manner.

Because we often face experienced patent litigation firms across the country, our attorneys regularly deal with sophisticated issues and tactics, such as the claim disclosure regimen of the Northern District of California Local Patent Rules. Many of our recent cases have been opposite large, national and recognized firms. We have a successful record against these firms, including outright victories and favorable settlements.

Our recent patent litigation experience has required expertise in a wide range of technologies, including the following art areas:

  • Data capture systems with client-server communications and multi-tasking operating systems

  • RFID tag design, construction and base station recognition technology involving both the EPC Global Class-1 Generation-2 UHF protocol and earlier designs

  • Wireless data communications involving “Wi-Fi” (IEEE 802.11) standards

  • Medical and consumer products, including specialized wound and burn dressings

  • Digital Spread Spectrum encoding and Phase Shift Keying for radio transmissions

  • Laser scanners and non-imaging light collectors

  • Hand-held computers, personal digital assistants and digital cameras

  • Optical character recognition techniques with fuzzy or multi-dimensional symbols

  • Fuzzy logic control circuitry

  • Computer controlled valve operating machines

  • Electronic fuel injection systems, carburetors and specialized exhaust systems for internal combustion engines

  • Luggage, including ski and snow board bags

  • Artificial fireplaces

Brand, Trade Secret and Trademark Litigation

When litigating to protect our clients’ brands, trade secrets and trademarks, our experience includes actions ranging from domestic Lanham Act suits to international trademark oppositions to proactive steps such as organizing raids against counterfeiters in China and other countries. Assisted by our network of foreign attorneys and agents, we prosecute trademarks worldwide. Using our automated trademark management system, we track literally thousands of marks with registrations in virtually every country. With these resources, we are able to quickly and efficiently assess the strength of a trademark, perform clearance searches, secure protection, and defend these rights in any forum.
Our services also include our skill in foiling cyber squatters who attempt to use our clients’ brands or names in infringing domain names. We advise clients on the best practices for protecting the confidentiality, integrity and availability of their electronic information and networks against threats posed by hackers, disgruntled employees, and corporate espionage agents. Our services include security audits and risk assessments, security and data storage policy creation and implementation, e-commerce content liability advice, and techniques for responding effectively when intrusions do occur.

Insights

Events