For more than 50 years, Schnader has zealously enforced our clients’ intellectual property rights through litigation and defended our clients against claims of infringement and misappropriation. Our IP Litigation Practice complements our IP Transactional Practice.
Our team includes first-tier trial lawyers, two of whom are Fellows of the American College of Trial Lawyers and one of whom is a Past President of the International Academy of Trial Lawyers, experienced in trying patent, trademark, and copyright infringement cases and cases involving theft of trade secrets. Our group includes lawyers registered to practice before the U.S. Patent and Trademark Office and lawyers with technical backgrounds in chemistry, biology, engineering, computer science, and physics.
Our work on IP litigation starts before a lawsuit is filed. For clients who own intellectual property, we work to identify potential infringers and attempt to resolve disputes short of litigation. For those clients threatened with litigation, we assist in proactively evaluating, defending, and settling those claims.
Our lawyers handle cases strategically and vigorously. We respond on short notice to the immediate needs of our clients. We have experience prosecuting and defending motions for temporary restraining orders and preliminary injunctions.
We have experience coordinating multinational litigation aimed at protecting intellectual property rights in a number of jurisdictions under diverse legal systems. Our international practice of intellectual property law, along with our membership in the TAGLaw alliance, allows us to access lawyers in more than 100 countries.
Lawyers in our Intellectual Property Litigation group have successfully represented parties in cases involving a wide range of patented technologies in a variety of industries. Below is a sampling of those cases:
- Representing manufacturers of consumer products, including:
– Trial of a patent infringement case on behalf of a manufacturer of home water purification
– Litigating cases on behalf of a manufacturer of thermoplastics packaging for sensitive
electronic products asserting its patent against multiple infringers.
– Defending manufacturers of cleaning products against claims of patent infringement.
- Trial of a patent infringement case on behalf of an electronic security company suing for infringement of its patent on the design and manufacturing process for radio frequency security labels used to prevent theft of retail merchandise.
- Representing pharmaceutical and medical device companies, including:
– Representing a plaintiff patent owner in litigation involving patents for dental implant
– Defending and settling an infringement lawsuit brought against a manufacturer of assay kits
using monoclonial antibodies.
– Defending and settling an infringement lawsuit brought against a manufacturer of
microcathethers used in interventional neuroradiology.
– Representing a manufacturer of oligonucleotide arrays (DNA on a chip), used for detecting
genetic defects, accused of patent infringement.
- Representing the plaintiff, a Japanese manufacturer of photolithography equipment used in semiconductor manufacturing, in its suit for infringement against a competing manufacturer. The defendant paid $145 million to settle the case.
- Defending and settling claims of patent infringement against a manufacturer of paintball loaders and paintballs.
- Representing the plaintiff in a patent infringement case involving hydrogen peroxide gas vaporizers used by pharmaceutical companies and others for bio-decontamination of instruments and rooms. After two months of discovery, defendant stipulated to the entry of an Order prohibiting it from marketing its infringing product.
- Representing the plaintiff, a manufacturer of high-speed mail-sorting equipment, asserting its patents on such equipment against an infringing competitor and negotiating an ultimate settlement of the dispute.
- Representing a sports trading cards manufacturer accused of infringing patents covering “memorabilia” containing trading cards, obtaining summary judgment that the patent was invalid, which was affirmed on appeal to the Federal Circuit.
- Defending and settling a claim of patent infringement against our client, a German manufacturer of rapid thermal processing equipment used in semiconductor manufacturing.
- Defending a manufacturer of defect-detection equipment for quality-control testing of microchips in a suit for patent infringement brought by a competitor.
- Representing a manufacturer of semiconductors (MOSFETs) sued for infringement of a patented chip design.
Trademark and Trade Dress Litigation
We have successfully prosecuted and defended cases involving trademarks, trade names, trade dress, and domain names for regional, national, and international clients in many different industries, including such representations as:
- Defended a declatory-judgment action seeking to invalidate our client’s rights in registered trade dress. We asserted counterclaims for infringement and settled the matter, preserving our client’s registrations.
- Defending a leading U.S. clothing retailer against a claim of infringement involving a logo used on apparel and other soft goods.
- Defending a U.S. bicycle retailer against a claim of infringement involving a logo used in online advertising.
- Representing a retailer in its successful efforts to prevent an international conglomerate with a trade name from entering the U.S. market under that name.
- Enforcing trademark rights on behalf of Ivy League, private, and public universities.
- Prosecuting claims for unfair competition arising from a competitor’s fast food outlets that presented an appearance confusingly similar to the appearance of our client’s stores.
- Prosecuting and settling claims against defendants who sold counterfeits of our client’s cosmetics.
- Handling, through trial, a complex and novel case involving trademarked colors used on industrial products in the metal forming market.
- Representing a manufacturer of famous-named eyeglass frames in disputes over others’ use or registration of domain names, both in federal court and in contested proceedings under the Uniform Domain-Name.
- Dispute Resolution Policy (UDRP) governing domain names in the top-level domains.
- Handling numerous trademark disputes that were resolved at an early stage, on behalf of trademark owners as well as accused infringers.
In the field of copyrights, we have represented publishers, broadcasters and other media clients, and sellers of furniture, jewelry, and computer software, both in enforcing their copyrights and in defending against claims of infringement. These wide-ranging matters have involved textbooks, baseball cards, aircraft safety evacuation cards, furniture, jewelry, crystal figurines, photographs and other works of art. Our representations have included:
- Represented the plaintiff in a landmark copyright fair use case, Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013), in which the well-known appropriation artist, Richard Prince, and his high-profile art gallery and its owner, Lawrence Gagosian, were sued for copyright infringement. This case was the subject of extensive press commentary and was closely watched in the art world.
- Representing clothing manufacturers (both plaintiff and defense) in disputes and litigation of copyright infringement claims with respect to copyrighted fabric patterns.
- Handling a number of claims of infringement of copyright in computer software.
Licensing and IP Contract Litigation
We often are called upon to protect intellectual property rights in the context of licenses and other agreements. Our lawyers have brought and defended claims for violation of licenses and other intellectual property contracts and have acted to protect, through interpleader, the rights of licensees confronted with competing claims to royalty payments. Such matters include:
- Representation of claimant in a patent-related licensing dispute. After 16 days of hearings during which the parties called 14 experts, an American Arbitration Association panel consisting of three neutral arbitrators issued an award of $72.5 million in favor of our client.
- A $12.5 million jury verdict (affirmed on appeal) for a plaintiff in a dispute over a failed joint venture for the development of software designed to transmit full-motion video and audio across a computer network without degrading the performance of other software on the network.
- Representation of a major enterprise software developer in numerous cases around the United States over whether the implementation of the software met the requirements of the parties’ agreements.
- Defence at trial of an assignee of a patent against a claim that he failed to make sufficient efforts to market and sell a patented medical device; presented and prevailed on the assignee’s claim for the fair market value of his efforts.
- Defence of multiple violation claims pertaining to software license agreements.
Trade Secret Litigation
Schnader is also active in trade secret and unfair competition matters. Our firm has handled several lawsuits involving claims of misappropriation of trade secrets and confidential information by departing employees, contractors, and vendors in a variety of industries. We represented a major university and one of its professors in a theft of trade secrets case. Recently, we defended a direct market cosmetics company against a claim that its new product was based on misappropriated trade secrets.
News & Publications
- Drew Kastner Appointed to Advisory Board for Copyright Society of the USA
- United States Patent and Trademark Office Fee Adjustments Effective January 2, 2021
- California Votes To Strengthen Consumer Privacy Laws
- Practical Implications of Supreme Court’s Romag v. Fossil Decision: Avoiding Forfeiture of Hard-Earned Profits in Trademark Infringement Lawsuits
- Schnader Attorneys Named to The Best Lawyers in America
- Book Review of “Acts of Omission” by James S. Botswick
- Jurisdictional Issues that Can Cost Your Businesses: What In-house Counsel Need to Know
- Decision by EU Court of Justice Turns the Privacy World Upside Down
- Intellectual Property and College Athletics – NCAA Clarifies Stance on Student-Athlete Compensation
- The Copyright Office Response to the COVID-19 Outbreak
- Limited Extension of USPTO Trademark Deadlines under the CARES Act
- Samuel Silver elected president of the Pennsylvania Innocence Project board of directors
- Intellectual Property and College Athletes – New Directions by NCAA about Compensation
- Copyright Lawsuit Questions Answered: Panel Discussion on the Impact of the Fourth Estate Case
- Schnader Attorneys Named to The Best Lawyers in America 2020
- Assessing the Impact of Recent Supreme Court Decisions on Intellectual Property and Creditors’ Rights & Business Restructuring Issues
- Third Circuit: A business whose reason for existence is obtaining payment on debts is a debt collector under the FDCPA
- Schnader a Tier One Firm in 2019 “Best Law Firms” Rankings
- Benchmark Litigation Recommends Schnader
- Call Me by Your Name – Or Risk an FDCPA Claim, Says Third Circuit
- Schnader Attorneys Named to The Best Lawyers in America 2019
- Third Circuit: The CFPB may use a CID to obtain information about all aspects of a company’s business.
- The Third Circuit Holds that Highway Tolls are Not “Debts” Under the FDCPA
- The Third Circuit Holds that the FDCPA Applies to Debt Collectors that Are Collecting Debts They Own
- 2nd Cir: Debtor’s Failure to Contest Debt Does Not Insulate Debt Collector from Liability under FDCPA
- Taking a Trip Around the Regulatory Block: U.S. Regulation of Blockchain and Digital Assets
- Don’t Poke the Regulatory Bear: Not a Realistic Option for the Blockchain and Cryptocurrency Industries
- Stephenie Yeung Published “Cybersecurity for Midsize and Smaller Law Firms: 10 Tips to Take Action Now”
- David Smith Named Board President of AJC Philadelphia/Southern New Jersey
- 3rd Circuit Holds that Discovery Rule Does Not Apply to FDCPA’s One-Year Statute of Limitations, But Doctrine of Equitable Tolling Might Apply
- Kastner, Yeung, Chou, and Lewis Publish “Crucial Tips for Using IP Watching and Enforcement to Protect Your Business”
- Dennis Suplee Authors the Lead Article for CPR’s Alternatives
- “Getting to Yes: Utilizing Reps and Warranties Insurance to Facilitate M&A Transactions”
- Benchmark Litigation Recommends Schnader
- Schnader a Tier One Firm in 2018 “Best Law Firms” Rankings
- Dennis Suplee Published a Book Review of “Jury Trials Outside In”
- Stephenie Wingyuen Yeung Named to Schnader Partnership
- SCOTUS Clarifies Who is a Debt Collector Under FDCPA
- Dennis Suplee Published “A Fellows’ War Story” in Journal of American College of Trial Lawyers
- Schnader a Tier One Firm in 2017 “Best Law Firms” Rankings
- Benchmark Litigation Recommends Schnader
- Sam Silver Inducted into International Academy of Trial Lawyers
- Schnader Recognized as Tier One Law Firm in 2016 “Best Law Firms” Rankings
- Have Big Law Firms Lost Their Way?
- In Third Circuit, All Confusion Is Relevant in Trademark Cases
- Sowing Uncertainty: Navigating Patent Disputes and Antitrust Scrutiny Post King Drug
- “I Went to Gitmo and All I Got was This Lousy T-Shirt”
- Supreme Court Announces Standard of Review for Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law
- Litigating Under Patent Local Rules: Avoiding the Pitfalls
- Safeguarding Your Information Assets: Are You Prepared?
- Stephenie Yeung Earns Certified Information Privacy Professional Credential
- Trial Practice: The ABCs and Beyond (Part 2)
- “Rectifying Fair Use after Cariou v. Prince: Reviving the Forgotten Statutory Text and Requiring that Unauthorized Copying Be Justified, Rather than Merely ‘Transformative'”
- Schnader Recognized as Tier One Law Firm in 2015 “Best Law Firms” Rankings
- “The Value of First Impressions: Considering the Effect of Motions for Preliminary Injunctive Relief on Ultimate Results in IP Cases”
- Super Lawyers Recognizes Many Schnader Attorneys in 2014
- Supreme Court Invalidates Aereo’s Streaming Service, Finding Existing Copyright Law Applies to the New Technology of Internet Retransmission of Television Signals
- Supreme Court Provides Guidance on the Subject Matter Eligibility of Computer-Implemented Inventions
- Opening the Library Doors to the World: Second Circuit Finds Universities’ Book Scanning Project Constitutes “Fair Use” of Copyrighted Materials
- Supreme Court Adopts “Reasonable Certainty” Standard for Evaluating Indefiniteness Challenges to Patent Claims
- Aftermarket Competitors Given a Boost by the Supreme Court
- New Generic Top-Level Domains Will Create New Trademark Issues: The Trademark Clearinghouse Can Help
- “Fair Use Without Paying Homage”
- Schnader Ranked as “Highly Recommended” in the 2014 Benchmark Litigation Guide
- Schnader Recognized as a Tier One Law Firm in the 2014 “Best Law Firms” Rankings
- “3D printing: Protecting intellectual property rights”
- Schnader and Yang & Co. Formalize Representation Arrangement for Indonesia Related Legal Matters
- “Supplier’s Agreement to Manufacture Product Invalidates Patent”
- “Trademark Laws: Pennsylvania”
- Three Schnader Attorneys Named 2014 “Lawyers of the Year” by The Best Lawyers in America
- Thirty-One Schnader Attorneys Selected for The Best Lawyers in America 2014
- Consider Taking These Actions Before March 16, 2013, The Effective Date of New U.S. Patent Laws
- Schnader Welcomes Mathew West to the Firm
- Schnader Harrison Segal & Lewis LLP on Shortlist for Northeast Appellate Firm of the Year and Pennsylvania Firm of the Year
- Did Hurricane Sandy Just Give You an Opportunity to Renegotiate Your Outsourcing Agreements?
- Schnader Recognized as a Tier One Law Firm in the 2013 “Best Law Firms” Rankings
- Schnader Ranked as “Highly Recommended” in the 2013 Benchmark Litigation and Appellate Guides
- Thirty-Three Schnader Attorneys Selected for The Best Lawyers in America 2013
- Schnader Adds Ten New Attorneys
- Schnader’s Dennis Suplee Featured in an Interview with The Legal Intelligencer
- Schnader Urges U.S. Court of Appeals for the Second Circuit to Uphold Ruling for Their Client, Patrick Cariou
- New Jersey Adopts Uniform Trade Secrets Act: Implications For Your Intellectual Property Portfolio
- Schnader Ranked as “Highly Recommended” in the 2012 Benchmark Litigation and Appellate Guides
- Schnader Recognized as a Tier One Law Firm in the 2011-2012 “Best Law Firms” Rankings
- Preventing the Unauthorized Use of Trademarks with a .xxx Generic Top Level Domain – Action Required by October 28, 2011
- Schnader Attorneys Noted in Law360 Article for Firm Client UPMC
- Sixty-Eight Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell®
- Patent Prosecution Strategies Under the Leahy-Smith America Invents Act
- Thirty Schnader Attorneys Recognized as “The Best Lawyers in America” for 2012
- Pilot Program Established to Develop “Patent Specialist” U.S. District Court Judges in Fourteen Districts
- U.S. Supreme Court Affirms the Rule That Patent Infringers Must Prove Invalidity Defense by Clear and Convincing Evidence
- Ownership of Ideas in a Virtual World
- Schnader Ranked as “Highly Recommended” in the 2011 Benchmark Litigation Guide
- Ten Years From State Street to Bilski – And No End in Sight
- Super Lawyers Recognizes Many Schnader Attorneys in 2010
- Three Schnader Attorneys Named as 2009 Northern California Super Lawyers
- Schnader Welcomes Two New Partners to the Firm’s San Francisco Office
- Twenty-Eight from Schnader in Best Lawyers in America 2009
- Schnader Attorneys Contribute to The Barristers’ Association of Philadelphia Martin Luther King, Jr. Annual Breakfast
- Silver Inducted as Fellow of American College of Trial Lawyers
- Twenty-Four from Schnader in Best Lawyers in America 2008
- Twenty from Schnader in Best Lawyers in America 2007
- Schnader Opens Delaware Office
- Five Schnader Attorneys Honored as Pennsylvania Rising Stars
- Several Schnader Lawyers Noted as Best in America
- “Fifth Circuit Affirms Judgment in Copyright Case: Rappers’ Songs Don’t Infringe”
- The Complex Commercial Case in Arbitration
- Advocates’ Best Practices in Selecting Arbitrators
- Dennis Suplee Speaks at PADC’s Seventh Annual Young Lawyers Program
- The Practical Impact of the SCOTUS Decision in the Fourth Estate Case
- Class Actions: Perspectives on Key Issues
- Partner Daniel Brooks Discussed “Appropriation Art”
- Protecting Your Intellectual Property in a Digital Age
- Daniel Brooks Appears on Fox5’s “Good Day”
- Stephenie Yeung Presented Legal Ethics Workshop
- Michael Carlson Presented “Litigating Under Patent Local Rules: Avoiding the Pitfalls”
- Michael Carlson Moderated an Intellectual Property Panel at The San Francisco Intellectual Property Law Association Spring Seminar 2014
- Schnader Attorneys Present: Key Legal, Tax and Accounting Issues Impacting Early Stage Companies
- “Preparing for Upcoming Patent Law Changes” Practicing Law Institute Presentation
- “Overview of Important Patent Prosecution and Litigation Changes under the AIA – A Walk Through the New Patent Landscape” Association of Corporate Counsel Delaware Valley (DELVACCA) Chapter Roundtable
- David Smith Participates in Panel at the National Symposium on Diversity in the Legal Profession
- Schnader Hosts the TAGLaw Northeastern Regional Conference
- Rachel Branson Serves as the Keynote Speaker at the Villanova Law Minority Student Associations Banquet
- Meyer Hosts a Roundtable Discussion on Proper Trademark Use
- IP Issues in Digital Media
- Dos and Don’ts of Trying a Patent Infringement Case in Federal Court
- Selection and Use of Trademarks