Intellectual Property Litigation

Experience

  • Patent Litigation

    Represented a global medical device manufacturer in patent infringement litigation involving spinal implants (District of Colorado).

  • Patent + Trade Secret Litigation

    Represented a neurosurgeon prosecuting trade-secret and correction-of-inventorship claims against one of the largest privately held medical device companies in the United States (Eastern

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Overview

Whether trying to defend a standalone asset or a portfolio of copyrights, trademarks and patents, protecting and enforcing intellectual property (IP) rights within today’s ever-evolving environment requires a multi-faceted strategy. At Munsch Hardt, we offer clients access to skilled and trial-tested attorneys with the legal and technical experience required to persuade judges and juries who ultimately make decisions on technologically complex issues. 

Our IP Litigation team has a broad range of experience in the following areas:

  • Patent infringement
  • Post-grant reviews
  • Trade secrets
  • Trademark infringement and dilution
  • Unfair competition
  • Trade dress protection

Munsch Hardt litigators try cases before judges, juries and regulatory bodies, including the Eastern District of Texas, the United States International Trade Commission, the United States Court of Appeals for the Federal Circuit and the United States Patent and Trademark Office. We also help our clients with both offensive and defensive post-grant review proceedings.

While trials are often necessary, our litigators have also had success in resolving disputes to save clients the cost, as well as minimize business disruptions, of proceeding to trial. As part of creatively searching for a resolution to our clients' IP disputes, we thoroughly investigate the possibility of insurance, indemnification and other risk-spreading alternatives. However, one of our greatest strengths is providing long-term plans and solutions for clients, not just litigation advice. By making strategic decisions up front, our attorney are able to save clients’ money, reduce business disruptions and ensure a successful outcome.

Copyrights

Copyrights are valuable assets that must be protected, or they can be lost. In today’s information age, controlling rights to works of authorship can be an important part of a client's commercial success, thus compelling companies and artists alike to protect their IP in novel and creative ways.

 

Whether the victim of infringement or the subject of an infringement accusation, Munsch Hardt’s Copyright Litigation Practice helps clients protect all forms of work, including:

 

  • Computer software
  • Publishing and literary works
  • Music, motion pictures and sound recordings
  • Fabric and jewelry designs
  • Photography
  • Packaging 

Munsch Hardt’s lawyers provide clients with distinct knowledge of copyright concerns to help clients fight piracy, pursue and defend infringement litigation and increase their level of copyright protection around the world. Whether an individual or business, plaintiff or defendant, our team has represented a number of industries that have tapped the Firm’s diverse technical skill sets and our unmatched resources for counsel across subject matters and jurisdictions. 

Patents

Our Patent Litigation team combines Munsch Hardt’s traditional strength in litigation with an advanced understanding of the technical aspects of the issues at hand, allowing our lawyers to effectively advocate for our clients at the trial level, in appellate and arbitration venues throughout the country, and in front of various regulatory bodies. These cases often involve a variety of technology and industries, including electronics, semiconductors, software, telecommunications, the Internet, FDA-approved drugs and medical devices, chemical engineering and materials science, and media and entertainment. 

 

Patent rights are also often protected privately through patent licensing arrangements. We assist clients in enforcing their patents and patent portfolios through licensing programs. Before initiating such licensing programs, we conduct substantial patent and claim analysis, and engage potential licensees in face-to-face meetings to discuss the technical and legal issues informing a company’s choice between litigation and licensing.

 

When trial is necessary, Munsch Hardt’s attorneys commit to the case from day one and are hands-on in actively developing the case strategy, analyzing the strengths and weaknesses of case, evaluating potential opportunities for resolution and preparing the case for trial. Through this targeted and focused approach, we strive to avoid wasteful litigation, promote efficiency and obtain results.

Trade Secrets

Regardless of size or location, former employees, vendors, contractors, and other entities with access to private and sensitive information are constant threats to the success of a business, which is why it is imperative to diligently protect and exploit this information. Munsch Hardt partners with clients to do exactly that across a myriad of industries, including technology, telecommunications, energy, health care, financial institutions, hospitality, retail and manufacturing. 

 

Our team of attorneys regularly counsels clients on protecting their trade secrets and other proprietary information from misappropriation. However, should litigation become necessary, we are poised to aggressively prosecute or defend individuals and companies accused of violating covenants not to compete or stealing, using or disclosing confidential information. Our experience representing both companies and employees as plaintiffs and defendants gives us a balanced, practical approach to crafting effective solutions for our clients with as little disruption to their business as possible. 

 

By taking an efficient and cost-effective approach to trade secret violations, our attorneys stand ready to defend, prosecute and enforce the following types of laws: 

 

  • Uniform Trade Secrets Act
  • Unfair Competition Law
  • U.S. Economic Espionage Act
  • Unfair Trade Practice (Trade Regulation Law)
  • Misuse of Intellectual Property
  • Trade Secret Misappropriation
  • Trade Secret Theft
  • Confidentiality Violations
  • Data Security Breach
  • U.S. Defend Trade Secrets Act

In any of these unfortunate situations, our attorneys can swiftly obtain restraining orders and injunctions to protect clients’ rights and defend similar actions brought by opponents. Most importantly, our attorneys recognize the importance of guarding against the disclosure of proprietary information during the litigation process to ensure it does not fall into the public domain or competitors’ hands.

 

Clients also turn to Munsch Hardt to help them identify whether valuable IP assets are best protected as a trade secret, or whether patent or copyright protection is more appropriate. Our team is experienced in developing and executing a variety of preventive measures, including:

 

  • Restrictive covenants, including non-compete and non-disclosure agreements
  • Trade secret and intellectual property audits 
  • Unfair competition and breach of fiduciary duty
  • Comprehensive trade secret protection programs
  • Electronic information protection systems 
  • Trade secret protection policies 
  • Employee training practices

Trademarks

A trademark is more than a word or symbol – it embodies a company’s reputation, brand and business. Whether initiating trademark litigation on behalf of a client or defending it in a lawsuit brought against it, Munsch Hardt is committed to protecting our client’s best interests. 

 

Our Trademark Litigation team includes seasoned trial lawyers with the technical knowledge to handle complex cases, and the business knowledge to understand what these cases mean to our clients. We litigate every kind of dispute in this field – from trademark, service mark and trade dress infringement to cyber piracy, trade secrets and unfair competition – in all cases, bringing both experience and creativity to bear.

 

Munsch Hardt’s extensive experience in trademark litigation includes dozens of proceedings in the Federal district court, including the Eastern District of Texas and before the U.S. Trademark Trial and Appeal Board. Our trial-tested attorneys handle all phases of trademark litigation, including applications for emergency injunctive relief (temporary restraining orders, preliminary injunctions and seizures), declaratory judgment proceedings, trials and appeals. We also litigate cases in courts throughout the United States and assist with cases in tribunals around the world.