Intellectual Property Litigation

Kimball Anderson > Practice Areas > Intellectual Property Litigation
utah intellectual property litigation attorneys

Utah IP Litigation Attorneys

Intellectual property litigation involves disputes that center around intellectual property. While our team of intellectual property attorneys is highly skilled in preventing litigation situations, there are situations in which litigation is unavoidable. In these situations, we emphasize strategy and believe in the importance of collaboration in formulating a plan for each case. We provide clients with infringement opinion letters when they are unsure of pursuing a claim.

We have extensive experience in many areas of IP litigation, with significant experience with dermal bandages, printing, clean energy, medical devices, integrated circuits, fitness equipment, vehicle tracking, computer hardware, and automated watering. Our team handles IP litigation issues across all types of intellectual property, with each kind handled slightly differently.

Copyright

Copyrights grant owners exclusive rights to their original works. Any use of copyrighted work that does not have authorization from the owner can result in litigation. Our team of attorneys has a deep understanding of copyright regulations and regularly assists clients with compliance throughout the application process. This thorough knowledge of the copyright process gives our attorneys the advantage in copyright infringement cases. We have represented both sides of copyright litigation cases and are ready to represent and advise clients.

Patents

Patents allow inventors exclusive rights to their inventions for 20 years. These patents can cover both designs and processes. When an unauthorized company or person uses a patented invention, the inventor can start an infringement case. Patents follow a first-to-file system in which the first inventor to file for a patent is the owner, even if someone else invented the process first. Because of this system, patent litigation can become complex, with multiple people claiming to have created a design. Our team contains patent experts who have experience in complex patent infringement cases. We have successfully represented both sides of patent infringement cases.

Trade Secrets

A trade secret is a piece of information that is crucial to a company and kept secret from those not within the company. Trade secrets are unique since they are the only form of intellectual property not requiring registration to have legal protections. Our efficient team of attorneys is necessary, as trade secret litigation requires speed to keep the secrets from becoming compromised. We have a wealth of experience with trade secrets, with the ability to represent either side of a litigation case. Our team is proficient in assisting their clients in seeking injunctions and damages.

Trademarks

Trademarks are a principal piece of intellectual property for every business since they represent the brand as a whole. There are three standard types of trademark litigation, infringement, unfair competition, and dilution. Infringement deals with an unauthorized person using a trademarked symbol or slogan in a way that would confuse consumers. Unfair competition involves using a trademark fraudulently, while dilution deals with symbols devaluing the uniqueness of a trademark. Our team is experienced in each type of trademark litigation and can support both plaintiffs and defendants in all claims.

Case Experience

Red Star Traders, LLC v. Zhejiang Zhengte Group CO. et al (Sup. Ct. Cal.)

Our team represented the plaintiff in suing their former Chinese manufacturer in a patent infringement claim. We successfully obtained a default judgment of over $1 million against the defendants and executed it against A/R at Costco.

Red Star Traders, LLC, Costco Wholesale v. Wanda Ying Li and Treasure Garden (D. UT)

Our team represented the plaintiffs in a non-infringement judgment and invalidity of the defendant’s patents. We successfully received a settlement of a perpetual license for the defendant’s patent.

Employment Law Compliance, Inc. v. Texas Automobile Dealers Assoc. et al (N.D. TX)

The plaintiff, in this case, was suing for patent infringement. Our team represented the defendants and successfully worked on a settlement and agreement not to sue with no monetary payment after filing IPR.

ATEN International v. Uniclass (C.D. Cal.)

Our team represented the principal defendant, Uniclass, in a three-year patent litigation case. The plaintiff, ATEN, was a Taiwan-based seller of computer switches. They initially looked for $30,000,000 in damages on 6 patents, 72 claims, and over 125 products. Our attorneys, Robert and Will, successfully reduced the claims to 4 patents and less than 40 products. Additionally, our team succeeded in limiting claims during claim construction, with ATEN voluntarily dismissing 2 of their patents. While ATEN had notable IP law firms as representation, our team received a verdict of non-infringement on all counts while lowering liability by more than 2/3.