Intellectual Property Litigation

In today’s economy, technology and intellectual property are at the core of almost every business. Leading companies call on Maynard’s IP trial lawyers to defend them in patent litigation and other IP disputes. Our nationwide IP litigation team, including leading patent litigators in California, New York, and Alabama, has successfully handled high-profile disputes involving patents, trademarks, copyrights and trade secrets across a wide range of industries and technologies.

Maynard attorneys have tried significant patent litigation matters in federal court and in proceedings before the U.S. Patent and Trademark Office, including challenges under the America Invents Act (AIA). We also have significant experience prosecuting and defending trademark and copyright infringement cases, unfair competition cases, Internet and technology disputes, franchise disputes, litigation concerning trade secrets and restrictive covenants and other claims relating to IP.

Patent Infringement Cases

• Ares Trading v. Dyax Corp., (D. Del.): Representing Ares Trading S.A. (a Merck KGaA affiliate) against Dyax Corp. (an affiliate of Takeda Pharmaceutical Co. Ltd.) in an action seeking reformation of a patent and know-how license agreement to provide for a step-down of the royalty rate after expiration of the last-to-expire licensed patent, and defending Ares Trading and Merck Patent GmbH against Dyax’s counterclaim to correct inventorship and add Dyax scientists as inventors of Merck’s patent covering its immunotherapy oncology drug Bavencio® (avelumab).
• Defending a biotech manufacturer in the Southern District of Texas in an ongoing lawsuit alleging trade secret misappropriation, patent infringement, breach of a license agreement and unjust enrichment. Our client is a leading contract manufacturer of biotechnology products – plasmid DNA, proteins and antibodies. The subject matter concerns equipment and methods for isolating and purifying plasmid DNA for use in human trials as gene therapy drugs.
• Scanning Technologies Innovations LLC v. Square, Inc Represented Square in a patent infringement lawsuit relating to inventory tracking and point of sale systems. Plaintiff voluntarily dismissed the case after Square moved to dismiss the case for unpatentable subject matter.
• Represented Hawaiian Telcom, Inc. in a multi-defendant patent infringement suit brought in the District of Hawaii by non-practicing entity involving delivery of video-on-demand content over the Internet. Obtained summary judgment opinion invalidating all of the asserted claims as unpatentable abstract ideas, which was affirmed by the Federal Circuit. The U.S. Supreme Court later denied cert., sealing the win for Hawaiian Telecom.
• Represented a major Silicon Valley consumer electronics company in an NPE case related to software components of mobile products in the District of Delaware. Achieved early exit for the client via successful indemnity claim.
• Represented Square in a 2017 patent infringement case related to Square’s mobile payment platforms, achieving a dismissal with prejudice for Square in the Eastern District of Texas.
• Ongoing defense of a leading American multinational computer and technology company in a patent infringement action in the District of Delaware relating to online transactions in real time.
• Obtained a royalty-free dismissal of an NPE patent infringement lawsuit in the Eastern District of Texas against our client, a multi-billion euro Swiss/German conglomerate, immediately after service of infringement contentions.
• Obtained a favorable claim construction ruling in the District of Delaware resulting in a stipulation of non-infringement for two clients who manufacture and sell LED light bulbs.
• Ongoing defense of a leading financial services company charged with tortious interference with prospective economic benefit and violations of the RICO statute in an action filed in the District of New Jersey that revolves around the Inter Partes Review of a patent owned by an NPE.
• Ongoing representation of NuTech Medical Inc. in a patent infringement lawsuit in the Northern District of Alabama relating to placental tissue grafts.
• Ongoing representation of Outdoor Link in a patent infringement lawsuit relating to wireless devices in the Northern District of Alabama.
• Ongoing defense of multiple insurance companies charged with patent infringement in the Eastern District of Texas.
• Represented a major Silicon Valley consumer electronics company in an NPE case in the Eastern District of Texas related to software components of mobile products. Achieved an early dismissal for the client.
• Represented a major Silicon Valley consumer electronics company in an NPE case in the Eastern District of Michigan related to software components of mobile products. Achieved an early dismissal for the client.
• Ongoing representation of multiple insurance companies in defending against patent litigation matters in the Eastern District of Texas.
• Obtained confidential monetary award on behalf of patent holder in patent infringement suit involving hydraulically driven spindles and friction stir welding in the Northern District of Alabama.
• Represented patent holder in patent infringement suit in the Northern District of Alabama against a national manufacturer of fishing lures, obtaining favorable settlement including payment of infringer's profits and patent holder's attorney fees.
• Obtained early dismissal of patent infringement suit in the Southern District of Alabama on behalf of alleged infringer in case involving the manufacture of wave attenuation devices.
• Defended client in a patent infringement case in the Northern District of Alabama; obtained a settlement allowing our client to continue use of the allegedly infringing product with minimal fees.
• Represented client in a patent infringement and improper inventor action involving a virology-related patent in the Northern District of Alabama; obtained a dismissal of all claims alleged against our client.
• Represented medical device manufacturer against alleged infringer of client's medical device patents and various trademarks in the Northern District of Alabama, obtaining a favorable settlement and injunction against infringer.
• Defended medical device manufacturer against claims of patent infringement in the Middle District of Florida; after evidentiary hearing on motion for preliminary injunction for patent infringement, obtained favorable settlement, including no change in client's product.

Cases before the Patent Trial and Appeal Board (PTAB)

• Represented Square, Inc. in a covered business method petition related to mobile payments technology adverse to Unwired Planet. Obtained PTAB decision invalidating all claims as unpatentable abstract ideas.
• Represented Askeladden in an Inter Partes Review in the PTAB challenging the validity of all claims of Finnavations’ U.S. Patent No. 8,132,720, which related to a personal financial management system for tracking electronic, including online transactions. On April 4, 2017, the PTAB issued a decision instituting inter partes review of all claims on all grounds that we asserted. Rather than file a Patent Owner’s Response, Finnavations filed a request for adverse judgment, which was granted by the PTAB with the cancellation of all of the claims of Finnavations’ patent.

Trademark and Copyright Cases

• Ongoing representation of Shrinivas Sughandalaya BNG LLP in trademark and unfair competition lawsuit relating to several brands of incense sticks in the Western District of Washington.
• Representing designer of lighting fixtures in a trade dress and copyright infringement dispute related to our client’s unique chandelier designs.
• Obtained permanent injunctions and favorable settlement in action on behalf of Campbell Soup Company in the Middle District of Alabama seeking injunctive relief and damages for trademark infringement and common-law torts stemming from defendants’ alleged illicit scheme to divert unsalable food products for unauthorized distribution.
• Successfully defended trademark applicant in opposition proceeding brought by large, international pharmaceutical company at the U.S. Trademark Trial & Appeal Board.
• Represented trademark holder in trademark infringement and cybersquatting case in the Northern District of Alabama resulting in entry of injunction against infringer and transfer of domain name.
• Defended several home builders against allegations of copyright infringement in actions in the Northern District of Alabama, most of which were settled on favorable terms.
• Represented trademark holder against alleged infringer using client’s trademark in a domain name in the Northern District of Alabama; obtained favorable settlement and transfer of domain name to our client.