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Intellectual Property Litigation

In a field with rapidly evolving developments, our intellectual property lawyers combine their extensive litigation and technical experience to protect the intellectual property rights and technology interests of our clients at all levels. Our innovative approach and proven track record have earned us a reputation for having the know-how to effectively place our clients in a position to achieve a successful outcome.

Our clients are innovators and among the leading global companies in the computer, software, energy, media, retail, telecommunication and financial service sectors. We represent Toshiba, for example, in an ongoing patent infringement action, as well as Nordstrom in connection with trademark, copyright and patent infringement actions. We also successfully represented HTC Corporation in a trademark infringement case, including the recovery of $1.5 million in fees.

Our IP litigation team focuses on the business needs of our clients. We begin each engagement with a strategic analysis and develop a strategy tailored to a company’s specific needs. Our lawyers serve as trusted confidants, working closely with clients in devising comprehensive plans for every aspect of their IP protection.

Bracewell’s lawyers handle intellectual property disputes in courts throughout the United States, including the key intellectual property jurisdictions of Eastern District of Texas, District of Delaware and the Northern and Central Districts of California. We litigate both offensive and defensive patent infringement matters on behalf of clients across a wide range of technologies in federal district courts, as well as before the International Trade Commission (ITC). We have also successfully represented clients before numerous state courts, the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO), the World Intellectual Property Organization and other international administrative bodies. 

Many of our lawyers are registered patent attorneys and possess advanced technical degrees. They combine specialized knowledge with litigation skills to present technical details to judges, juries and arbitrators to effectuate positive results.

Cases With Impact

  • Baker Hughes Incorporated in securing a jury trial victory for in Texas state court for ownership of patented technology related to a downhole activation system using repelling magnets for a linear motor based safety valve
  • Baker Hughes Incorporated in numerous engagements asserting or defending claims of patent infringement, including litigating and arbitrating patents related to oilfield services tools and refinery chemicals and processes
  • Big Fish Games in patent infringement litigation in the Eastern District of Texas, Nevada and the Western District of Washington, winning motions to dismiss plaintiff’s patents (11 patents in total). We are currently defending two appeals before the Federal Circuit
  • Cummins Inc. and Cummins Filtration Inc. in a series of patent infringement actions involving diesel engine technology against a competitor in the District of Delaware
  • Facebook Inc. in a case alleging patent infringement of the asserted e-mail patent owned by Australian company A Pty. Ltd. in the Western District of Texas, Austin Division. We successfully invalidated the patent-in-suit, and the case was dismissed with prejudice prior to the commencement of discovery
  • Houston Independent School District in two significant lawsuits involving allegations of district-wide trademark and copyright infringement, securing summary judgment in HISD’s favor in one of the matters
  • HTC Corporation in a complete victory for consumer electronics company HTC in a trademark infringement case in the Eastern District of Virginia. We recently won a ruling entitling HTC to recover $1.5 million in fees based on the exceptional nature of the case
  • Overstock.com, Inc. in connection with a significant jury verdict in a patent infringement suit against plaintiff, Alcatel, marking a rare defense victory in a patent case in the Eastern District of Texas in a suit alleging infringement of e-commerce website technology. We represented client in additional patent infringement cases from the Northern and Eastern Districts of Texas to the District of Delaware
  • Simmonds Precision Products, Inc. in asserting claims of breach of contract, trade secret misappropriation and tortious interference with a prospective business
  • Toshiba Corporation and various Toshiba entities in patent infringement litigations filed across the country, including currently pending matters California (Central District) and Utah, and Patent Trial and Appeal Board in connection with both defensive and offensive inter partes review proceedings involving a variety of technologies
  • UTC Climate, Controls & Security in the protection and defense claims of patent infringement
  • Westlake Chemical Corporation in the Eastern District of Texas for infringing a patent claiming an improved process for making tie-layer resins used in the food packaging industry. After a jury trial in a venue known to favor plaintiffs, the jury returned a verdict of non-infringement for Westlake. The Federal Circuit affirmed the jury’s verdict of non-infringement on appeal

Global Recognition for Excellence

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Their leadership and commitment to client service is what makes them stand out. They work hard to understand not only the market and the business, but also their client’s place in the industry.

– Chambers USA, 2019

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Market-Leading Engagements Throughout the World

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