Intellectual Property & Trade Secrets Litigation

A company’s success is closely tied to its ability to protect its intellectual property and trade secrets. That’s why it’s critical to work with a legal partner with extensive experience in this highly specialized area.

Dickinson Wright regularly handles all types of intellectual property litigation, including patent, trademark and copyright infringement litigation, as well as non-compete, non-solicitation and trade secret litigation. In fact, Dickinson Wright’s attorneys have successfully represented clients in disputes involving nearly every type of intellectual property issue – at the trial and appellate levels of state and federal courts and before the Supreme Court of the United States. Our attorneys have also successfully represented clients in proceedings in the Patent and Trademark Office, in arbitration and before the International Trade Commission.

Patent Litigation

Our clients benefit from our team’s experience handling domestic and international disputes involving patent infringement, validity, enforceability and ownership. We regularly represent both patent owners and companies accused of infringement – from individuals to multinational organizations.

Many of Dickinson Wright’s patent litigators are registered to practice before the Patent Office and have technical degrees in areas such as electrical engineering, mechanical engineering, chemical engineering, computer science, and aerospace engineering – giving us in-depth insight into our client’s highly technical issues. We often combine patent litigators and our top commercial trial lawyers to provide a team approach that is successful, efficient and economical. Our patent litigators handle cases including those related to utility patents, design patents, trade secrets, and patent ownership. Dickinson Wright has successfully represented clients with issues in a wide range of areas, including: renewable energy, vehicle components, vehicle wheels, vehicle mirrors, safety restraints, computers, computer software, medical devices, plastic injection molding systems, vehicle engine controls, electronic control systems, chemical compositions, sporting goods and aircraft components.

When early resolution is the preferred approach, our litigators craft settlements in our client’s best interest based on a thorough understanding of their goals.

Trademark Litigation

Dickinson Wright’s trademark litigators are highly skilled in representing clients in claims involving trademarks, service marks, product design, trade dress, symbols, logos, colors, packaging and all other source identifiers. We conduct searches, file trademark applications and design patents for some of the most widely respected companies in the world. And, we obtain rights that stand up in court.

Clients benefit from our attorneys’ experience in preventing (through both civil and criminal proceedings) the importation, sale and distribution of both counterfeit products and gray market goods. We are also experienced at identifying potential insurance protection.

Internationally, our team has extensive background in foreign and multi-country trademark litigation. Domestically, Dickinson Wright often litigates complex cases (such as oppositions and cancellations) before the Trademark Trial and Appeal Board and in various alternative dispute resolution settings. Our lawyers litigate Uniform Domain Name Dispute Resolution Proceedings (UDRPs) against Internet cyber-squatters and advise on worldwide Internet domain name registration and disputes. Because of our specialized knowledge in virtually every aspect of trademark law and our history of success, we are able to get the job done efficiently and whenever possible, without the need for court proceedings. When litigation is unavoidable, our trademark litigators know how to fight for our clients and win.

Copyright Litigation

Dickinson Wright prosecutes and defends copyright claims across the country involving a wide array of issues, industries and statutory schemes. We have handled copyright cases involving such diverse areas as computer software, educational materials, architectural plans, paintings, sculptures, photographs, jewelry designs, figurine designs, music compositions and sound recordings, catalogs and business advertising and promotional materials. Our experience covers all aspects of copyright litigation, from the DMCA to re-capture rights, from RIAA and ASCAP to fair use, first sale and indirect infringement issues.

Our team efficiently assesses the case, handles ancillary issues such as potential insurance protection and then presents a strong position to drive a favorable resolution or result. We litigate copyright matters both as stand-alone litigation and as part of an overall handling of a client’s intellectual property portfolio. We have assisted companies in enforcing their rights against infringers (with many of these actions leading to licensing opportunities) and have also defended against claims asserted by those alleging infringement.

Dickinson Wright attorneys are respected and zealous advocates in the courtroom who are also well-versed in copyright law, leaders in national intellectual property organizations and national speakers on copyright issues. We aggressively litigate for our clients, always with an eye on the client’s overall intellectual property portfolio, the industry and the market. That’s why Dickinson Wright is trusted to handle copyright litigation across the country for some of the largest companies in the world, as well as for start-ups, individuals, artists and other rights holders.

Trade Secret Litigation

Dickinson Wright attorneys have successfully litigated nearly every aspect of trade secret and non-compete cases. In the process, our attorneys have made new Michigan law on topics like the reach of the “inevitable disclosure” doctrine under the Michigan Uniform Trade Secrets Act. Our attorneys also have literally written the book on non-compete and trade secrets litigation, both in Michigan and nationally. Our team is considered market leaders in this area: we publish nationally, wrote the seminal text in Michigan and are frequently asked to speak on trade secret litigation.

Dickinson Wright’s deep topical and practical experience provides our clients with efficient and effective dispute handling – regardless of size of the issue or the location of the contest. Our attorneys’ experience in trade secret litigation spans a wide variety of fields -- including manufacturing, the financial market, the insurance industry, the radio industry and the real estate market.

Our trial attorneys’ have extensive experience in the area of preliminary and permanent injunctive relief in both federal and state courts, allowing us to vigorously and successfully represent our clients’ interests. In addition, these types of disputes usually involve wrongful conduct that falls outside any contractual or statutory obligations. Dickinson Wright’s considerable experience in business tort disputes provides our clients with added depth in our representation and gives us a leg up on the competition.

Dickinson Wright’s extensive courtroom experience enables us to meaningfully and realistically analyze and assess the enforceability of non-compete and non-solicitation agreements, while helping our clients protect their most valuable business assets— client relationships, intellectual property or confidential business information—before a dispute arises. In today’s competitive business environment, this is more important than ever. Based on a thorough understanding of our clients’ business operations and objectives, we customize plans to effectively protect our clients’ most important and valuable assets.
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