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Intellectual Property Defense and Enforcement Litigation

Spencer Fane Intellectual Property attorneys work with innovators across industries to protect their work and ideas by using litigation and enforcement actions when necessary, allowing clients who develop intellectual property to reap as much benefit as possible from their innovations. Our experience includes defending clients against patent, copyright, and trademark claims, and enforcing such claims against infringers.

Our approach to intellectual property litigation involves a blend of technical proficiency with trial experience. Each member of our litigation team draws from the strength of the firm’s creative and imaginative personnel to achieve success for our clients. We leverage our attorneys’ backgrounds in medical science, molecular bioscience, biochemistry, civil engineering, mechanical engineering, electrical engineering, physics, computer science, and biology to advocate for clients in a variety of industries, including specific extensive experience with coatings, inks, food processing, lasers, medical, and telecommunications products and the mattress industry.

Our attorneys understand how crucial IP is to a business and dig in with clients to gather the full picture of the company, the market, the innovations, and the competitors in order to develop and recommend a course of action. Key to success is our deliberate process of research and preparation, which offers an extreme tactical advantage when litigation is necessary. In addition, our team may suggest alternatives to litigation to achieve the desired result in a cost-effective manner.

Spencer Fane represents clients in a wide range of intellectual property proceedings, not only in the courts but also in appeal, opposition, cancellation, reexamination, interparty reviews, and post-grant proceedings before the United States Patent and Trademark Office. We also handle matters before the Federal Trade Commission, International Trade Commission, and U.S. Customs and Border Enforcement to halt the import of infringing goods, and we both prosecute and defend infringement and unfair competition claims.

Representative Experience 

  • Represented manufacturing company before the ITC leading to a finding of non-infringement of a patent and withdrawl of another ITC investigation of a second patent.
  • Represented telecommunications company before the USPTO in an inter-partes review successfully invalidating the patents asserted against the company in Federal District Court.
  • Represented durable goods manufacturer filing patent infringement suits against nine defendants in multiple district courts leading to settlements with licenses or cessation of manufacturing for each.