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Intellectual Property Litigation

Attorneys in our Intellectual Property and Technology Group represent clients in a wide range of IP-related disputes, including matters involving patents, copyrights, trademarks, and the misappropriation of trade secrets.

Patents
We represent both top tier plaintiffs and defendants in patent infringement cases and bring to the table strong in-court experience. We have significant experience in matters involving automotive technologies, telecommunications, consumer electronics, biotechnology, chemicals, pharmaceuticals and life sciences. Our attorneys routinely appear in the jurisdictions where patent cases are most frequently litigated, including the Eastern District of Texas, the Northern and Central District of California, the Northern District of Illinois, the Eastern District of Virginia, the District of Delaware, and the District of New Jersey. In addition, we have a wealth of experience representing clients in appeals at the Court of Appeals for the Federal Circuit. Our team has vast experience representing clients in arbitration, in Section 337 investigations pending before the International Trade Commission, and in various administrative proceedings at the Patent Office including inter partes review proceedings before the Patent Trial and Appeal Board. We have also represented pharmaceutical innovators in numerous Abbreviated New Drug Application (ANDA) patent litigations. In addition, we have also operated as global coordinating counsel for multi-jurisdictional IP enforcement litigation around the world.

Copyright, Trademark, and Trade Dress
We handle all aspects of copyright, trademark and trade dress prosecution and enforcement, including preparing opinions on availability and registrability, filing and prosecuting applications, evaluating possible infringements, and sending cease and desist letters to infringers. We prosecute and defend infringement, opposition and cancellation proceedings before the courts and the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.

Trade Secrets, Unfair Competition
We have experience in litigating various commercial and trade secret disputes involving employment agreements, competitor hirings, product and process development contracts, and commercial leases.

Global IP Counseling, Opinions and IP Assessments
Our IP litigators also provide litigation-related counseling and qualitative assessments of IP claims in the context of portfolio reviews, mergers and acquisitions, private equity investments, secured financings and other business transactions. For example, we have efficiently performed numerous assessments of worldwide technologies and patents held by competitors and others to provide clients with a detailed understanding of the competitive roadblocks in key markets. This “Competitive Patent Intelligence” analysis may also include mining a client's own patent portfolio to determine the gems of core technology. We have performed these analyses in a wide variety of technology areas including automotive, satellite communications, software and digital media, gaming, interactive television, waste disposal, cable television, camera image processing, 3D video technologies, amongst many others. Such assessments are the keys to knowing the valuable patents a client has, what patents it needs, and how much they are worth. In addition, we routinely handle freedom to operate and infringement/validity opinions. We also have vast experience with standards counseling including determining whether patents are essential and advice on FRAND terms.

Key Industries

Consumer Electronics and Telecommunications. Our attorneys advise multinational technology, electronics, telecommunications, Internet and media companies on the critical IP legal issues they face in the midst of sweeping technological change driven by converging technology, networks, devices and multimedia content and services. We have litigated matters involving a range of technologies including software, wireless devices, satellite and terrestrial communications networks, VoIP networks, interactive television, flat panel display controller circuitry, LED technology, microprocessors, computer hardware, interactive voice response systems, mobile fabrication systems, telecommunications equipment, casino gaming systems, consumer product manufacturing equipment, the Internet, and computer games and toys, among others.
 
Automotive & Transportation. Our attorneys have been engaged in multiple cases involving the automotive and transportation industries, including cases dealing with telematics, safety systems, radar devices, in-vehicle sensor systems, wireless communication systems, fuel injection systems, hybrid propulsion systems, drowsiness detection systems, in-vehicle processors, and tail light systems.
 
Life Sciences: Biotechnology, Bioinformatics, Medical Devices & Pharmaceuticals. We offer a deep bench of IP litigators with strong biological and chemical sciences backgrounds, providing a substantial foundation for litigating biochemistry, medical device, and pharmaceutical patent cases. We also draw on our experience in information technology in matters involving cutting edge bioinformatics and other convergence technologies. Fried Frank's trial attorneys are well-versed in the intricacies of patent and trade secret law and policy and can effectively guide judges and juries through technical complexities to understand the core of a dispute. Our primary focus in developing any litigation strategy is to understand the client's needs and long-range business goals. To that end, our attorneys often employ creative licensing strategies and other measures to meet the business needs of clients.
 
Financial Services. Our team assists large financial institutions and other clients in response to threats posed by the well-known patent owners targeting the industry. We also have experience in IT infrastructure used by financial services enterprises, including trading systems, exchanges and call centers. We have helped companies develop patent positions to protect trading and asset management systems.
 

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