Practices

Intellectual Property Litigation

Our intellectual property litigators try complex, high-stakes cases involving cutting-edge technologies for clients across industries in jurisdictions nationwide and before the Patent and Trademark Trial and Appeal Boards.

The team combines extensive courtroom experience with technical dexterity and broad industry knowledge. BTI Consulting singled out Ballard Spahr as an “IP VIP” for its depth in both complex and routine IP litigation. Chambers USA has described our IP litigators as thorough, smart, talented, and responsive and we were listed as a National Tier 1 firm for IP Litigation by U.S. News & World Report.

We have served as lead counsel in complex cases involving patent, copyright, trademark and trade dress infringement; false advertising;  theft of trade secrets; licensing disputes; domain name and other internet-related matters.

Although we have taken a wide variety of cases to trial before judges, juries, and arbitrators, and prevailed on appeal, we know when and how to use pretrial proceedings and discovery to defuse a case before it explodes, so that the matter is resolved on favorable terms.

Experience 

  • We represented a leading software developer, known for its document management and workflow software, as trial counsel in the prosecution of a complex, multimillion-dollar arbitration against its competitor for breach of a licensing agreement and trade secret misappropriation. We obtained a favorable settlement two days before trial.
  • We represented an inventor in a patent infringement action against three defendants—a professional sports association, a telecommunications company, and an electronics company. The patent related to hand-held electronic devices used at sporting events. We obtained a favorable settlement.
  • We represented a university in a patent infringement litigation against a major biogenetics company involving three patents relating to anti-microbial agents. We obtained summary judgment of patent validity and infringement, as well as a permanent injunction.