- We have represented several clients in patent litigation which also involved contemporaneous patent reexaminations and requests by the alleged infringer/reexamination requestor to stay the litigation pending reexamination. We have represented both a patent owner successfully opposing a stay and defendants requesting stays pending reexamination.
- We successfully defended a local company against a charge of trademark infringement charge by a national retail chain. We argued that certain federal registrations could not be asserted against our client. We also successfully argued that there was no likelihood of confusion between the national chain’s and our client’s use of the same mark.
- We defended a successful comic book publishing company that was sued in New Mexico for trademark infringement. Our defense involved fair use, where the alleged trademark was being used by our client in its ordinary, everyday meaning, and not as a trademark. The case was settled favorably for our client, with only minimal damages.
- We represent major software publishers in policing copyrights and trademarks. In one instance, we conducted an ex parte seizure of counterfeit software at a local manufacturing plant whose owners had purchased the software on E-Bay. One of the challenges in this case was obtaining the ex parte order from the court.