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Practice/Industry Group Overview
Baker Hostetler represents clients in all types of Intellectual Property (IP) cases before juries, judges, arbitrators and federal agencies. No matter what forum or dispute resolution process is being used, we are able to translate the issues into readily understandable language. We work with our clients in all types of IP litigation to make sure the most effective team of lawyers is deployed. Our patent litigation teams usually consist of jury trial lawyers joined by patent lawyers with relevant scientific and technical backgrounds. Additionally, as a result of our firm's long history in the fields of anti-counterfeiting and trademark and copyright infringement, we have a dedicated team of lawyers and nationwide protocols in place, which enables us to mobilize and seek ex parte seizures and temporary restraining orders from courts around the nation on short notice.
In addition to litigation in federal and state court systems and arbitration in the U.S. and international context, our experience includes effective representation of clients in specialized proceedings, such as the United States Patent and Trademark Office (USPTO) trademark oppositions and cancellation actions, Section 337 proceedings at the International Trade Commission (ITC), border control through the U.S. Customs Service proceedings, and proceedings at the Federal Trade Commission (FTC) and appeals before the Court of Appeals for the Federal Circuit - the exclusive appellate panel for adjudicating the appeals of patent infringement cases. Our worldwide capabilities extend to non-U.S. courts and agencies through Baker Hostetler's network of affiliates and affiliated offices.
We endeavor to understand the business objectives of the IP litigation in which our clients are involved and to keep the nature, tone and cost of the litigation within the context of those objectives. This requires us to maintain a constant flow of communication regarding any available litigation options and to manage cost expectations.
Leadership in Action
IP Litigation: Successfully represented one of the largest shirt manufacturers in the world accused of patent infringement
Client: Esquel Enterprises, Ltd. Of Wanchai, Hong Kong and Esquel Apparel, Inc. of New York, New York.
Type of Matter: ITC Section 337 Investigation.
Our Client's Challenge: Alleged infringement of claims in five different U.S. patents owned by TAL Apparel Limited of Hong Kong (and related entities).
The Goal: Ensure that client's products are not barred from the U.S. market.
Our Strategy: Rapidly gather evidence and present arguments on all issues.
Results: Successfully secured the withdrawal of all allegations of infringement against the Esquel companies.
Leadership in Action
Patents: Realizing the value of patents
Client: ImagExpo, L.L.C., a subsidiary of SPX Corporation, a multibillion-dollar global provider of technical products and systems, industrial products and services, flow technology and service solutions
Type of Matter: Patent infringement case in the U.S. District Court for the Eastern District of Virginia.
Our Client's Challenge: Patent infringement suit brought by ImagExpo to enforce a patent relating to collaborative software.
The Goal: Obtain damages for past infringement.
Our Strategy: Brought suit in the Eastern District of Virginia, the "rocket docket," to bring suit to trial quickly.
Results: Obtained a settlement for $60 million for ImagExpo/ SPX Corporation.
Leadership in Action
Trademarks: Protecting a sporting association's right to use images of its sport as trademarks
Client: United States Polo Association (USPA)
Type of Matter: Trademark infringement case in the U.S. District Court for the Southern District of New York.
Our Client's Challenge: Polo Ralph Lauren filed a lawsuit which sought an injunction barring USPA from using four logos featuring two men playing polo on horses on licensed goods including clothing, leather goods, watches and sporting equipment.
The Goal: Convince the jury that USPA, as the governing body of the sport, had the right to use images of polo being played in a licensing program despite the fame of the Ralph Lauren polo player.
Our Strategy: Educate the jury to better understand the sport of polo, the people who play it, and their legitimate interest in supporting the sport by selling goods bearing images of the sport.
Leadership in Action
Transactions: Going to court in the defendant's home base to protect a distribution agreement
Client: A large Canadian toy company
Type of Matter: Breach of distribution agreement in Federal District Court.
Our Client's Challenge: Our client had secured rights to distribute a famous plush toy in Canada, along with promises from the rights owner to take action against infringements. The toys were delivered late, and unauthorized copies dominated the Canadian market, despite our client's requests to the owner to take action. Our client was not able to sell the anticipated quantities of licensed products once they arrived.
The Goal: Recover lost profits.
Our Strategy: When business negotiations failed, litigation was instituted in the United States for breach of the agreement--late delivery and failure to stop the infringements.
Results: Obtained a jury verdict and damages in favor of our client, and the matter was resolved later privately.
About our Intellectual Property Team
Our team of dedicated IP lawyers and patent agents have the diverse backgrounds and core strengths required to ensure that the full spectrum of domestic and international IP is considered in securing IP and formulating IP strategies. Members of our IP team have worked as engineers and in-house patent, trademark and copyright counsel for companies and agencies as diverse as Borg Warner, Capitol Records, DuPont, the United States Patent and Trademark Office (USPTO), the ITC, the Justice Department (Civil Division, Intellectual Property) and the Federal Trade Commission (FTC).
Our team members also include adjunct IP law professors, columnists, the co-founder of the longest-running journal on computer technology, and regular lecturers for the Zurich Institute of Technology, Georgetown University and George Mason University. In addition, our team members frequently speak and write for continuing legal education programs and industry events and are quoted in the press on emerging issues.
Baker Hostetler is a member of the International Trademark Association (INTA), American Intellectual Property Law Association (AIPLA), Intellectual Property Owners Association (IPO), Licensing Executive Society (LES), The International AntiCounterfeiting Coalition (IACC), International Licensing Industry and Merchandisers Association (LIMA), as well as numerous local and regional IP organizations.
About Baker Hostetler
Baker Hostetler lawyers help clients establish, maintain and protect market-leading positions across the United States and around the world. We offer clients the strength of 600+ lawyers in a full range of practices, a unique geographic platform including both the coasts and the center of the country, a deep knowledge of industry issues, and a 90-year track record of excellence and achievement.
For more information on our International Intellectual Property practice:
National Contact
John H. Weber
202.861.1526
jweber@bakerlaw.com
Cincinnati
William Appleton
513.929.3403
wappleton@bakerlaw.com
Cleveland
Thomas H. Shunk
216.861.7592
tshunk@bakerlaw.com
Deborah A.Wilcox
216.861.7864
dwilcox@bakerlaw.com
Columbus
Rosanne T. Yang
614.462.2684
ryang@bakerlaw.com
Costa Mesa
George T. Mooradian
714.966.8800
gmooradian@bakerlaw.com
Denver
Raymond L. Sutton
303.764.4103
rsutton@bakerlaw.com
Houston
Lisa H. Pennington
713.646.1303
lpennington@bakerlaw.com
Los Angeles
James E. Doroshow
310.442.8818
jdoroshow@bakerlaw.com
C. Dennis Loomis
310.442.8865
dloomis@bakerlaw.com
New York
Gerald J. Ferguson
212.589.4238
gferguson@bakerlaw.com Orlando
G. Thomas Ball
407.649.4004
tball@bakerlaw.com
Washington, DC
Gary J. Rinkerman
202.861.1699
grinkerman@bakerlaw.com
Kenneth J. Sheehan
202.861.1682
ksheehan@bakerlaw.com
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