Practice Areas & Industries: Carroll, Burdick & McDonough LLP


Patent and Intellectual Property Litigation Return to Practice Areas & Industries

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Practice/Industry Group Overview

CBM has created a robust patent and intellectual property practice by attracting talented attorneys from leading law firms with proven track records in this field and by taking advantage of the skills and experience of its longtime attorneys in these critical fields of complex litigation. Our attorneys have earned successes for their clients bringing and defending all kinds of intellectual property lawsuits, including matters involving complex patent infringement, validity and inventorship disputes; trademark infringement, trade dress, false advertising and unfair competition matters; copyright matters; and misappropriation of trade secret matters.

Patent Litigation

Our patent litigation attorneys successfully represent clients ranging from individuals to start-ups to multi-national and international corporations, and they handle matters with tens or hundreds of millions of dollars in potential damages and threats of injunctive relief. They are experienced defending cases brought by major competitors, emerging companies, and non-practicing entities.

Technical and Legal Expertise

CBM has the technical and legal expertise to serve its clients in a wide range of patent matters. Our attorneys have degrees in such fields as chemical engineering; chemistry; industrial engineering; integrative biology; and molecular, cellular and developmental biology, and two of our lawyers are registered as patent attorneys with the United States Patent and Trademark Office.

CBM attorneys have litigated highly technical patent matters in numerous fields, including semiconductor materials and fabrication processes, semiconductor power technologies (MOSFETs and IGBTs), microprocessor designs, computer hardware and software, FLASH and DRAM devices, computer security devices, optics and optoelectronics, electrical circuits, textile chemistry, oil exploration, optical character recognition, transportation, electronic toys, cosmetics, consumer products, medical devices, mechanical devices, clean technology, biotechnology, chemical processes, embedded cellular phone applications, wireless communications, invisible braces, oligonucleotide assays, methods for Internet and print advertising, and slot machines and player tracking systems. Our attorneys also handle design patent cases.

Familiarity With Major Patent Venues

Our attorneys have litigated and tried cases in jurisdictions all across the country, are experienced in the federal courts known as major patent venues (including the United States Court of Appeals for the Federal Circuit, the Northern District of Illinois, the Eastern District of Virginia, the Eastern District of Texas, the Northern and Central Districts of California, the Northern District of Georgia, the Western District of Wisconsin, and the Western District of Washington), and have experience with matters pending in the International Trade Commission (ITC).

Drawing On Our Firm's Strengths

CBM's patent and intellectual property litigation attorneys draw on the knowledge and experience of our diverse colleagues who practice in other areas of intellectual property counseling, licensing and technology transactions. We leverage our institutional knowledge of our clients’ industries and their goals to conduct our cases and related negotiations with a constant eye toward our clients’ overall business objectives. Thus, we view intellectual property litigation as an important means of furthering our clients’ economic success.

Finally, CBM’s long-established litigation department is involved in technically complex and discovery-intensive matters in numerous fields, including toxic tort, class action, and product liability. Our patent and intellectual property attorneys work closely with colleagues and support staff who have prevailed at trial and on appeal in a wide variety of sophisticated disputes to enhance our capability to successfully litigate even the most document-intensive and technologically demanding infringement cases in an efficient and cost-effective manner.

Copyright, Trademark, and Unfair Competition Litigation

Our attorneys have extensive experience in litigating trademark, Lanham Act (and related state law unfair competition claims), false advertising, trade dress, and copyright infringement actions in courts throughout the United States. Our experience in these areas includes litigating trademark and trade dress claims related to the sale of consumer products; bringing copyright lawsuits related to the unauthorized re-publication of copyrighted materials for the print media as part of CD-ROM and DVD collections; litigating a major copyright matter involving the unauthorized publication of protected material in an on-line database; and bringing suit to protect copyrights and rights of publicity related to unauthorized sale and use of photographs of a famous celebrity.

Many of our cases involve multiple theories for recovery, and our attorneys have successfully represented their clients in matters giving rise to complementary intellectual property claims. For example, our attorneys have defended actions involving both copyright infringement and trade secret claims relating to GPS technology, software used in semiconductor fabs, a system design tool used to translate different computer languages, and a software program used to manage and monitor revenues generated and collected from public phones. Our attorneys also have represented a non-party participant in a lawsuit involving copyright and trademark infringement claims relating to internet search engines.

Trade Secret Litigation

Our attorneys are experienced protecting clients’ trade secrets through litigation, through conducting ancillary motion practice to protect trade secrets during intellectual property and other actions, and in bringing lawsuits following the improper raiding of corporate employees. For example, our attorneys have successfully sued on behalf of an engineering and construction company to recover for the misappropriation of valuable trade secrets and for the improper raiding of its employees, and successfully brought suit to recover the value of trade secret materials that were misappropriated and included in a widely-available on-line database.