At Williams Mullen, we enforce and protect our clients' valuable products and brands in infringement and enforcement disputes in federal and state court, before the International Trade Commission (ITC) and in post-grant proceedings, including Inter Partes Review (IPR) proceedings, before the Patent Trial and Appeal Board (PTAB). We also frequently represent clients in the Eastern District of Virginia and in other preferred venues for IP disputes, including the District of Delaware and the U.S. Court of Appeals for the Federal Circuit. Our patent litigation team, comprised of highly experienced litigation and technical attorneys, has represented clients in matters related to computer software and hardware, telecommunications, biologics & pharmaceuticals, mechanical technologies, consumer products and chemical arts.

At Williams Mullen, we enforce and protect our clients' valuable products and brands in infringement and enforcement disputes in federal and state court, before the International Trade Commission (ITC) and in post-grant proceedings, including Inter Partes Review (IPR) proceedings, before the Patent Trial and Appeal Board (PTAB). We also frequently represent clients in the Eastern District of Virginia and in other preferred venues for IP disputes, including the District of Delaware and the U.S. Court of Appeals for the Federal Circuit. Our patent litigation team, comprised of highly experienced litigation and technical attorneys, has represented clients in matters related to computer software and hardware, telecommunications, biologics & pharmaceuticals, mechanical technologies, consumer products and chemical arts. We take a strategic and practical approach to each matter in pursuing our clients’ goals in complex and high-stakes cases.

A Team of IP Law and IP Litigation Experts 
Our team’s abilities in particular areas of intellectual property law are complemented by the breadth of our knowledge and experience in franchise and licensing matters; bankruptcy law; and trade secret, antitrust, defamation, conspiracy and unfair competition claims and matters before the U.S. Patent and Trademark Office (USPTO). Our experience and capabilities include substantial engagements in the following areas:

  • Patent, trademark and copyright infringement litigation.
  • Trade secret misappropriation and unfair competition litigation.
  • Antitrust and unfair trade practices litigation.
  • Section 337 trade litigation before the International Trade Commission.
  • AIA and Inter Partes Review proceedings before the Patent Trial and Appeal Board.
  • Inter partes proceedings before the Trademark Trial and Appeal Board.
  • State and federal court litigation involving claims of breach of technology contracts and engagements.
  • Ex parte patent reexaminations before the USPTO.
  • Ex parte appeals from decisions of the USPTO.

A Creative, Effective Approach to IP Litigation Strategies

Williams Mullen IP attorneys design creative and effective litigation strategies that meet our clients’ business goals while also protecting their proprietary technology and rights. Whatever the engagement, our goal is the same — to understand our client’s needs and goals fully; to evaluate and advise our clients with respect to relevant litigation decisions and their implications; and to assist our clients in developing and implementing creative strategies to meet those needs and goals in an efficient and cost-effective manner.

AIA and Inter Partes Review Proceedings

Our attorneys have represented both patent owners and petitioners throughout all stages of inter partes reviews before the PTAB. Our experience includes preparing petitions and patent owner statements, conducting document discovery, taking/defending depositions, addressing motions to amend, handling hearings before the PTAB, filing and responding to requests for reconsideration and representing parties on appeal to the Federal Circuit. In addition, we have extensive experience addressing complex issues concerning privity and the joinder of multiple parties and proceedings. We have represented clients before the PTAB in technologies including medical devices, mechanical technologies, optical fibers, graphics processing units (GPUs), targeted online advertising, cloud-based file storage, audio codecs and network communications.

THE CASES LISTED BELOW ARE ILLUSTRATIVE OF THE MATTERS HANDLED BY THE FIRM.  CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  NOT ALL CASE RESULTS ARE PROVIDED.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.

Patent Litigation

  • Served as lead counsel for Plaintiff in asserting patent and copyright infringement involving hyperspectral imaging technology.
  • Represented alleged infringer in patent litigation concerning wine glasses.
  • Represented client in a patent infringement lawsuit based on camera mount device for outdoor market. The case was resolved on a basis favorable to the client.
  • Represented Plaintiff, a manufacturer, in patent infringement action involving mechanical hitch devices.
  • Represented Defendant, a manufacturer of beverage tracking technology, in a suit alleging patent infringement, false advertising and related claims. Case was dismissed.
  • Represented Plaintiff, a developer and manufacturer of photoluminescent safety products, against a competing manufacturer in a patent infringement suit.
  • Represented Defendant, a medical device developer, in a suit regarding oscillating positive expiratory pressure (OPEP) devices.
  • Represented Defendant, a leading bottled water supplier, in a patent case alleging Defendant infringed a series of Plaintiff’s patents.
  • Served as co-counsel for Defendant, a developer of smart fitness technology, in a patent infringement suit.
  • Represented Defendant, a U.S. and German manufacturer of lab equipment, in a matter alleging infringement of Plaintiff’s patent.
  • Represented Defendant, a franchisee of a pest control company, against a competitor’s patent infringement claims.
  • Represented Defendant, a home automation company, alleging infringement of Plaintiff's patent by making, selling, or offering for sale a product without Plaintiff’s permission and authorization.
  • Represented Plaintiff, a manufacturer of recreational pool products, in a patent infringement suit asserting that the Defendant infringed on the Plaintiff’s patent by manufacturing, distribution, sale, and import of inflatable flotation devices without authorization from Plaintiff.
  • Represented Defendant, an information technology and service provider, in a patent infringement suit brought by an entity alleging that the Defendant infringed on Plaintiff’s patent rights by using laser-etched security features for identification documents.
  • Represented Defendant, a manufacturing company, in a patent infringement suit.
  • Represented Defendant, a national building supply manufacturer, in a patent infringement suit against a competitor related to an electrical block.
  • Represented Defendant, a developer of smart fitness technology, in a suit alleging infringement of patents related to heart monitoring features of wearable devices.
  • Represented Defendant, a real estate investment trust, in a patent infringement suit related to a computer-based map navigation and display system.
  • Represented Defendant, a financial institution, in a suit alleging infringement of registered patent by making, using, offering to sell and or selling products and services of user unique identifier and providing the account information in a text-based response without Plaintiff's authorization.
  • Represented Plaintiff, an international manufacturer of furniture products, in a patent infringement suit for features contained in casual outdoor living furniture.
  • Represented Plaintiff, a general machining shop, in a patent infringement suit asserting that the Defendant infringed a registered patent of the Plaintiff by making, using, importing and offering to sell its products and services without Plaintiff’s authorization.
  • Served as lead counsel for Plaintiff, a manufacturer of water drainage systems, in a patent infringement suit.
  • Represented Defendant, a firearms manufacturer, against claims of infringement of Plaintiff’s patent related to a folding buttstock for firearms.
  • Defended a full-service national event ticket marketplace, against a non-practicing entity (NPE) claiming infringement of a patent related to the use of intermediaries to securely broker exchanges of personal information.
  • Represented Plaintiff, a manufacturer of pool flotation chairs, in a patent infringement suit.
  • Represented Defendants, an automotive dealership owner and an operator of television and radio stations, in a patent infringement suit brought by an entity alleging that the Defendants had infringed a patent related to an apparatus and method for recording, communicating and administering digital images.
  • Represented Defendant, a leading manufacturer/wholesaler of security products, in an infringement suit related to a design patent for a combination flashlight stun gun.
  • Represented Defendant, a port terminal operator, in a patent infringement suit brought by an entity alleging that the Defendant had infringed a patent related to a system and method for determining freight container location.
  • Represented Defendant, a full-service national event ticket marketplace, through appeal and ultimate dismissal of patent infringement claims related to its online reservation system.
  • Represented Defendant, a manufacturer of semiconductor devices, in a suit alleging infringement of Plaintiff’s patent by making, importing, using and selling the infringing products.
  • Represented Defendant, a national building supply manufacturer, in a patent infringement suit brought by an NPE alleging infringement of a patent related to an integrated j-channel for commercial and retail windows.  Williams Mullen led a joint defense group of Defendants in co-pending cases.
  • Represented Defendant, a communications technology company, against infringement claims as to Plaintiff’s patent related to Voice Over Internet Protocol (VOIP) products.
  • Represented Plaintiff, a pool toy manufacturer, in a patent infringement suit.
  • Represented Defendant, a safety prescription eyewear manufacturer, in a patent infringement suit.  Plaintiff voluntarily dismissed the suit.
  • Represented Defendant, a manufacturer of recreational pool products, against allegations of tortious interference and business conspiracy.
  • Represented Defendant, a chemical manufacturer, against claim of patent infringement.
  • Represented Defendant, a video game publisher, against claims of patent infringement brought by an NPE, over facial recognition technology used in entertainment devices.
  • Represented Defendant, a manufacturer of strollers, against claims relating to a mechanical patent on a folding mechanism, and allegations of trade dress infringement, brought by a direct competitor.
  • Represented Defendant, a financial institution, in patent infringement action by an NPE designer of analog and mixed-signal integrated circuits, related to secure communications and mobile banking and payment applications.
  • Represented Plaintiff, a manufacturer of crop and life science products, in a suit against a competitor for infringing on Plaintiff’s patent for manufacturing a plant growth regulator.
  • Represented Plaintiff in a patent infringement suit asserting design and utility patents on various pool toys, against its direct competitor.
  • Represented Defendant, a software developer, in the infringement of various intellectual property relating to medical image and video data conversion software.
  • Represented Defendant, a developer of law enforcement technology and weapons products, against claims of patent infringement related to an electric shock device and breaching a patent purchase agreement.
  • Served as counsel for Plaintiff in patent infringement case involving specialty medical balloon.
  • Served as lead counsel for a private university in a patent infringement action involving genome editing technology.
  • Represented Plaintiff, a software manufacturer, in Declaratory Judgment action against an NPE asserting patent infringement of a system for computer-based visual data evaluation.
  • Represented Plaintiff in an infringement suit to enforce patents, registered trademarks, and trade secrets relating to bodyweight resistance training exercise equipment against a direct competitor.
  • Represented Defendant, a government contractor, in a dispute alleging infringement on Plaintiff’s patent.
  • Represented Defendants with a joint defense group in a patent suit alleging infringement of a process related to “Invoiceless Trading and Settlement Method and System.”

Trademark Litigation

  • Served as Defense counsel in a trademark infringement and anti-cybersquatting suit.
  • Represented Defendant, a multinational corporation engaged in the design, development, manufacturing, and worldwide marketing and sales of footwear, apparel, equipment and other services, against claims of trademark infringement.
  • Represented Plaintiffs, manufacturers of lawn and pest control products, in suit alleging trademark infringement.
  • Represented Plaintiff, an aircraft engine part manufacturer, in a trademark infringement matter.
  • Represented Plaintiff, a federal government contractor, in a trademark infringement and unfair competition suit against a competing government contractor.
  • Represented Plaintiff, a regional bank, in a trademark dispute against competing financial institution regarding use of an infringing new name.
  • Defended a real estate company in a trademark infringement matter.
  • Defended a real estate development firm in a trademark dispute.
  • Represented Plaintiff, a dog training and animal behavior company, in a trademark dispute regarding use of its mark related to dog training services.
  • Represented Defendant, an online e-commerce platform, in a trademark dispute.
  • Served as lead counsel for Plaintiff, a nutritional and herbal supplements manufacturer, against Defendant in a case for trademark infringement.
  • Represented Defendant, a furniture retail company, in a suit alleging trademark and copyright infringement and false advertising.
  • Represented Plaintiff, a HVAC company, in a trademark infringement suit.
  • Served as lead counsel for Plaintiff, a nutritional and herbal supplements manufacturer, in a trademark infringement suit against Defendant’s use of name and logo through the sale of products and goods.
  • Represented Defendant, a developer of computer applications and software programs, in a trademark dispute regarding use of Plaintiff’s name and mark.
  • Represented Defendant, a North Carolina-based restaurant, in a trademark dispute alleging improper use of Plaintiff’s mark.
  • Represented Plaintiff in a trademark dispute alleging misuse of mark without Plaintiff's consent.
  • Represented Defendant, a wholesale importer, in a trademark infringement suit brought by Plaintiff alleging infringement on its registered trademark by manufacturing, producing, distributing, offering for sale and using the mark in its product without consent.
  • Represented Defendant, a Fortune 500 national discount retailer, in a suit alleging trade dress and unfair competition from the sale and distribution of non-woven fabrics with a purportedly proprietary design.
  • Served as lead counsel for Plaintiff, a national real estate developer, in a trademark dispute through appeal to the Sixth Circuit.
  • Represented Plaintiff, a concierge service provider, in a suit alleging infringement of its mark in connection with its concierge and personal assistant services.
  • Represented Plaintiff, an eyewear company, in a suit alleging infringement of its name and mark related to digital/gaming eyewear with similar angles and language.
  • Represented Defendant, a manufacturer of poultry and farming products, in a suit alleging trademark and trade dress infringement by competing manufacturer.
  • Represented Plaintiff, an online e-cards service provider, in a suit asserting trademark infringement.
  • Represented Plaintiff, a Fortune 500 health care provider, alleging trademark infringement and unfair competition against a competing healthcare system that provides the same health services targeting customers in Texas and elsewhere.
  • Represented Defendant, a distributor, manufacturer and remanufacturer of aftermarket locomotive parts, in a trademark infringement case.
  • Represented Plaintiff, a public university, in a trademark suit alleging infringement of Plaintiff’s trademark.
  • Represented Defendant, a furniture manufacturer and a national retail chain, in a trademark and trade dress infringement case related to the sale of a specific line of children’s furniture.
  • Represented Defendants, two national aviation parts manufacturers, asserting counterclaims of trademark infringement and unfair competition against the opposing parties.  Summary judgment awarded for clients.
  • Represented Defendant, a provider of security, training, and consulting services, against federal and state claims of trademark infringement, trademark dilution, and unfair competition, brought by sporting goods retailer.
  • Represented Plaintiff, a retailer of automotive accessories, in a trademark infringement claim.
  • Represented Plaintiff, a Fortune 500 health care provider, alleging trademark infringement in Texas and Pennsylvania against a competing healthcare system that provides the same health services.
  • Represented Plaintiff, a manufacturer of candles and other scented products, in parallel district court actions, both enforcing registered and unregistered marks and trade dress against a direct competitor and defending client against claims of trademark infringement by the Defendant.
  • Represented Defendant, a manufacturer of paper towels and tissues, in a trademark infringement suit relating to patterns imprinted on the product.
  • Served as lead counsel for national aviation parts manufacturer asserting claims of trademark infringement and unfair competition.
  • Represented Defendant, a national satellite provider, in a case involving trademark infringement and unfair and deceptive trade practices.  Post-trial the court dismissed Plaintiff's claims and awarded damages on counterclaims.  Case affirmed by Fourth Circuit Court of Appeals.

Trade Dress Litigation

  • Represented Defendant, a manufacturer of poultry and farming products, in a suit alleging trademark and trade dress infringement by competing manufacturer.
  • Represented Defendant, a Fortune 500 national discount retailer, in a suit alleging trade dress and unfair competition from the sale and distribution of non-woven fabrics with a purportedly proprietary design.
  • Defended manufacturer of recreational pool product in a trademark and trade dress infringement suit brought by Plaintiff for a line of water guns.  Case dismissed after Defendant defended Motion for Preliminary Injunction.
  • Represented Defendant, a furniture manufacturer and a national retail chain, in a trademark and trade dress infringement case related to the sale of a specific line of children’s furniture.
  • Represented Plaintiff in copyright infringement and breach of contract action for enterprise software used in hospital systems.

Trade Secret Litigation

  • Served as lead counsel for Defendant, a bioscience company, in a trade secret and breach of contract action through settlement.
  • Represented Defendant, a developer of auto parts distribution system, against claims of trade secret misappropriation and related claims regarding the purported misuse of software.
  • Represented Plaintiff in an infringement suit to enforce patents, registered trademarks, and trade secrets relating to bodyweight resistance training exercise equipment against a direct competitor.

Copyright Litigation

  • Served as lead counsel for Plaintiff in asserting patent and copyright infringement involving hyperspectral imaging technology.
  • Represented Defendant in a copyright infringement case alleging use of photo.
  • Represented Plaintiff, a software and technology developer for non-profit organizations, in a copyright infringement suit.
  • Represented Defendant in resolving copyright infringement case alleging use of photo.
  • Represented Defendant, a furniture retail company, in a suit alleging trademark and copyright infringement and false advertising.
  • Represented Defendant in a copyright infringement case.
  • Represented an online coupon service in a copyright case alleging that the Defendant infringed the Plaintiff’s registered copyrights.
  • Represented Plaintiff in copyright infringement and breach of contract action for enterprise software used in hospital systems.
  • Represented Defendant, a private university, in a dispute regarding the publication of an academic journal.  The Plaintiff alleged claims of copyright infringement, breach of contract and unfair competition under the Lanham Act.
  • Represented Plaintiffs, behavioral health services providers, in suit alleging Defendant made defamatory Internet postings against Plaintiffs which damaged their reputations.
  • Represented Defendant, a construction company, in a copyright infringement matter.

Contracts & Licensing Disputes

  • Represented Plaintiff, a software company, in a dispute alleging Defendant breached a software license agreement.
  • Represented Plaintiff, an insurance carrier, in an interpleader case concerning dispute of life insurance policy proceeds.
  • Represented Plaintiff, a biotechnology company, in a case alleging intellectual property and other claims.
  • Represented Plaintiff, a software developer, in suit alleging Defendants breached the parties’ software development contract.

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