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IP LITIGATION

Our Intellectual Property litigators have a long track record of effectively representing our clients in courts and before administrative agencies across the country. Our litigators have successfully handled a broad spectrum of matters, including those related to:

  • Copyright infringement
  • Cybersquatting, false advertising, right of publicity
  • International Trade Commission actions
  • License disputes
  • Patent infringement, validity and enforceability
  • Inter partes review (IPR) and other post-grant proceedings before the U.S. Patent and Trademark Office (USPTO)
  • Trademark and trade dress infringement
  • Trademark opposition and cancellation proceedings before the USPTO
  • Trade secret misappropriation
  • Unfair competition

The firm represented the defendant in a matter which involved numerous claims including patent, copyright and Digital Millennium Copyright Act (DMCA) infringement. The technology at issue involved complex computer data storage equipment. In this “bet the company” case, our attorneys handled numerous dispositive motions, including Markman arguments, as well as a preliminary injunction hearing and its appeal. An appeal resulted in two landmark decisions from the Federal Circuit Court of Appeals. These opinions are the only Court of Appeals decisions interpreting the Computer Maintenance Competition Assurance Act. These opinions, along with three others, are the leading opinions concerning the DMCA.

Snap-On Technologies, Inc. v. Hunter Engineering Company
A patent infringement action involving numerous patents covering automotive repair equipment. The primary focus of the case was a complex technology known as machine vision. The case settled favorably for our client after we argued the Markman hearing and summary judgment motions.

Crown Poly, Inc. v. Bunzl, USA, Inc.
Thompson Coburn defended Bunzl in a patent infringement case involving three patents relating to produce bags and produce bag dispensers, in which plaintiff sought damages in excess of $30 million. After a Markman hearing, the court entered summary judgment in favor of our client.

Thompson Coburn represented the defendant in this patent infringement action over toolboxes brought in federal court in Cleveland. The case settled favorably for our client on the eve of trial after the court indicated that it intended to grant our summary judgment motion as to the plaintiff's damage claims because of its failure to mark the product.

We represented the plaintiff in a “bet the company” case against a subsidiary of a large Canadian conglomerate and a subsidiary of a large German conglomerate. The firm filed a complaint seeking a declaration that certain patents were invalid and/or not infringed. Our attorneys then asserted antitrust and Lanham Act claims. Defendants filed a counterclaim seeking damages for patent infringement. Thompson Coburn was involved in all stages of the litigation. The trial lasted six months, with a verdict rendered in favor of our client. The jury also found in favor of our client on the Lanham Act claim and awarded monetary damages. The Federal Circuit affirmed the patent invalidity and non-infringement verdicts.

We became involved in this "bet the company" case after the district court had entered summary judgment against our client, finding its patent invalid. The firm’s motion for reconsideration was granted, and the court then found in our client’s favor on the summary judgment motion, concluding that the patent was valid.

CIMA v. KV Pharmaceutical
We represented KV in this patent infringement case involving the composition of prescription drugs. With approximately $30 million at stake, our attorneys defended the preliminary injunction hearing which involved extensive Markman interpretation. The court entered an order in favor of our client on the motion for preliminary injunction. The decision in favor of our client included a Markman interpretation adopting the firm’s interpretation.

William Toy v. Scottrade, Inc.
Our attorneys represented Scottrade, Inc. in this federal patent infringement suit in which the plaintiff claimed that Scottrade infringed a U.S. patent through its online trade notification and stock alerting features. Our attorneys successfully moved to have the case bifurcated into two phases, the first on liability and invalidity issues, to be followed (if necessary) by damages and willfulness. They then prevailed on a key discovery dispute, resulting in an order from the court compelling the plaintiff to produce a series of documents strongly indicating that the patent was procured through inequitable conduct. Shortly after the plaintiff was forced to produce these key documents, the case settled on very favorable terms for Scottrade.

Datamize, LLC v. Scottrade, Inc., et al.
We represented Scottrade, Inc. in this federal patent infringement action filed in the Eastern District of Texas. Plaintiff alleged infringement of two patents by Scottrade. Scottrade asserted that the patents were invalid, based in part upon certain “prior art” publications or services/products. Our attorneys successfully settled the case shortly before trial.

The firm handled a case alleging patent infringement, tortious interference and antitrust violations and involved a mechanical patent for devices used to fill pill cards. In defense of the patent infringement claim, our attorneys submitted a summary judgment brief with a video comparing the patented invention with the alleged infringing device, showing the substantially different ways that they operated. We retained an expert from the packaging industry with a machine that predated the patent and utilized the inventive elements claimed in the patent. The case was settled for a dismissal of all claims and the plaintiff's payment of our client's sanctions award.

Injunction issued in favor of firm client on trademark infringement and false association claims following a two-day hearing, including fact and expert witnesses.

Brunetti/Pesc-Co, Inc. v. Brunetti Termite Control
Injunction for trademark infringement issued in favor of our client following a hearing.

National Cable Satellite Corporation v. Federer
Injunction for trademark and copyright infringement issued in favor of our client on a short timetable following a hearing in the closing days of a political campaign.

U-Gas, Inc. v. Teutenberg
Injunction against computer tampering and access issued in favor of our client in a case involving cyber trespass, tampering and shutdown of computer system.

Spiritas Corp. v. AALCO Inc.
Preliminary consent relief obtained on behalf of plaintiff against dissemination of false, misleading and falsely signed communications harmful to our client's business. The case was featured on page 1 of the Wall Street Journal.

United Van Lines v. HomeLink
We obtained permanent consent injunctions against a real estate relocation service and its executives based on their improper claim of affiliation with a firm client.

Pope v. Chronicle Publishing Co.
We employed a strategy of a summary judgment motion on the initial answer date, thus avoiding extensive and costly discovery in this newspaper libel case. Summary judgment was granted on multiple grounds and affirmed on appeal.

Lemons v. Chronicle Pub. Co.
Appellate court held that articles conveying the message that plaintiff was convicted of multiple crimes involving violent armed resistance to store personnel who apprehended him in the act of shoplifting were substantially true, affording defense to libel action, and that the trial court did not err in denying plaintiff's motion for default.

Kawasaki Heavy Indus. Ltd. v. Bombardier Recreational Prods. Inc.
Thompson Coburn represented Kawasaki Heavy industries and its subsidiaries in major patent litigation against Bombardier Recreational Products. Bombardier first filed suit against our client in the Middle District of Florida on several patents and demanded a substantial royalty payment. We successfully petitioned the USPTO to re-examine all of the patents in suit from the Florida litigation, resulting in a Court Order staying that litigation. Simultaneously, Kawasaki filed suit against Bombardier in the Eastern District of Texas on several Kawasaki patents, thus shifting the advantage to Kawasaki. The parties settled on terms favorable to Kawasaki.

Insituform Technologies, Inc. et al. v. Cat Contracting, et al.
We represented Insituform in a patent infringement trial. This case involved lateral linings for municipal sewer systems and ultimately resulted in a multimillion-dollar damage award for our client.

Publications

The shifting standard for IPR estoppel: Where are we now?

In new litigation, Amazon takes a stronger stance on counterfeit products

Court preserves GM’s copyright claims against Autel and its VP

New changes to U.S. design patent law

Electronic waste rules could help thwart flow of counterfeit parts

Final really does mean final in the Federal Circuit

The AIA: Reviewing the first year of Inter Partes Review

Federal Circuit rules objective prong of willful infringement best decided by judge

Supreme Court comments on patentable subject matter in Prometheus decision

Divorce and IP: Untying the knot may tie up patent rights

Blog Posts

Photographer hits retailer over photo of player hitting Joey Bats

When good copyright laws go bad: Indictment lays out porn ‘trolling’ scheme

University patents now immune to inter partes review: Will business come calling?

Copyright Office changes procedures for DMCA agent designations

9th Circuit opens door to damages against retailers carrying infringing works

Beyoncé’s copyright case was destined for dismissal

In Pegasus-related copyright suit, judge sidelines as art critic

Has the Supreme Court signaled the end of invalidity opinion letters?

Supreme Court ends Fed Circuit’s lone reign over claim construction (some of the time at least)

What’s the best way to improve the odds in patent troll litigation?

News

Mark Sableman talks ‘internet twists’ at Midwest Digital Media Conference

Congratulations to the new Thompson Coburn partners for 2017

Intellectual property litigator Brian G. Arnold joins Thompson Coburn

Congratulations to our 2017 ‘Lawyers of the Year’

Betsy Haanes authors chapter on IP asset protection strategy

Thompson Coburn earns eight national top-tier rankings in U.S. News ‘Best Law Firms’ survey

Intellectual property litigator Sam Watkins joins Thompson Coburn in Los Angeles

112 Thompson Coburn attorneys featured in 2015 Best Lawyers list

Jason Schwent, Kelly Simon named 2014 Up & Coming attorneys

Shoko Naruo named to Lawyers of Color’s 2014 ‘Hot List’

Betsy Haanes co-authors article on obviousness-type double patenting

Mark Sableman talks to Bloomberg BNA about Europe’s historic ‘right to be forgotten’ ruling

Thompson Coburn sponsors St. Louis ‘Inventor of the Year’ awards celebration

27 Thompson Coburn attorneys recognized in 2014 Chambers USA

Steve Ritchey writes about the America Invents Act for the American Ceramic Society

Dr. Betsy Haanes joins Thompson Coburn as a partner

Jeff Masson named ‘Influential Appellate Advocate’ for Monsanto Supreme Court win

Mark Sableman launches Internet Law Twists & Turns blog

Three partners named 2013 Up & Coming attorneys

Monsanto wins unanimous ruling from U.S. Supreme Court

Matt Braunel wins 2013 Lexology Client Choice Award

Alan Norman joins Wash U Law panel featuring Federal Circuit Chief Judge Randall Rader

19 Thompson Coburn partners named 2013 St. Louis Lawyers of the Year

IT news site interviews Matt Braunel on patent infringement litigation

Steve Garlock quoted in front-page Wall Street Journal story on FURminator’s patent successes

Thompson Coburn Earns First Tier Rankings in U.S. News – Best Lawyers “Best Law Firms” Rankings

Partner
St. Louis
314 552 6030

Tony's practice encompasses a broad range of intellectual property matters, including patents, copyrights, trademarks and other issues involving the internet.

Tony's practice encompasses a broad range of intellectual property matters,...

Anthony Blum
Partner
St. Louis
314 552 6106

Matt litigates all forms of intellectual property.

Matt litigates all forms of intellectual property.

Matt Braunel
Associate
St. Louis
314 552 6570

Katie's practice encompasses a broad spectrum of patent and trademark litigation, trademark prosecution, and business litigation, including product liability and other as...

Katie's practice encompasses a broad spectrum of patent and trademark litig...

Katie Colvin
Partner
St. Louis
314 552 6139

Dan handles various types of complex litigation, including business, tort, product liability, intellectual property, and class action defense.

Dan handles various types of complex litigation, including business, tort, ...

Dan Cox
Partner
St. Louis
314 552 6038

A Co-Chair of the Intellectual Property Practice Group, Dean has extensive first chair trial experience, limiting his practice to intellectual property and commercial lit...

A Co-Chair of the Intellectual Property Practice Group, Dean has extensive ...

Dean Franklin
Partner
St. Louis
314 552 6146

Steve has successfully litigated a wide variety of matters for more than 25 years, the last 10 of which have focused on intellectual property.

Steve has successfully litigated a wide variety of matters for more than 25...

Steve Garlock
Partner
St. Louis
314 552 6304

David represents clients in a variety of intellectual property disputes, including patent prosecution, trademark, non-infringement and freedom to operate opinions.

David represents clients in a variety of intellectual property disputes, in...

David Jinkins
Partner
St. Louis
314 552 6429

Jeff is a litigator and ag insider who works with the country's largest agribusinesses to develop effective litigation strategies on a national and global scale.

Jeff is a litigator and ag insider who works with the country's largest agr...

Jeff Masson
Associate
St. Louis
314 552 6595

Sartouk is an associate in the firm's Intellectual Property practice area.

Sartouk is an associate in the firm's Intellectual Property practice area.

Sartouk Moussavi
Partner
St. Louis
314 552 6547

Jonathan's practice includes nearly every aspect of intellectual property litigation.

Jonathan's practice includes nearly every aspect of intellectual property l...

Jonathan Musch
Partner
St. Louis
314 552 6149

Mike focuses his practice on intellectual property litigation and over the course of his legal career has compiled substantial first-chair jury trial experience.

Mike focuses his practice on intellectual property litigation and over the ...

Mike Nepple
Partner
St. Louis
314 552 6284

Alan represents clients in all aspects of intellectual property litigation, with a strong emphasis on patent litigation at both the trial and appellate court levels, and ...

Alan represents clients in all aspects of intellectual property litigation,...

Alan Norman
Partner
Chicago
312 580 2237

Michael counsels clients on patent and trademark issues and represents them in federal courts across the United States.

Michael counsels clients on patent and trademark issues and represents them...

Michael Parks
Partner
Chicago
312 580 2224

Diane helps life sciences companies develop new products and bring them to market while proactively addressing the regulatory land mines that can delay or destroy the pat...

Diane helps life sciences companies develop new products and bring them to ...

Diane Romza-Kutz
Partner
St. Louis
314 552 6103

Mark's practice focuses on facilitating clients' communications, in media, marketing and business.

Mark's practice focuses on facilitating clients' communications, in media, ...

Mark Sableman
Partner
St. Louis
314 552 6291

Jason's practice is centered on technology with an emphasis on cybersecurity breach response and software and intellectual property licensing.

Jason's practice is centered on technology with an emphasis on cybersecurit...

Jason Schwent, CIPP/US
Partner
Los Angeles
310 282 9451

Sam focuses his practice tightly on trademark and related intellectual property litigation, with an emphasis on designing and implementing efficient brand protection stra...

Sam focuses his practice tightly on trademark and related intellectual prop...

Sam Watkins