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IP Litigation

Overview

When critical patents, trademarks, trade secrets and copyrights are on the line, businesses of all sizes turn to Schwabe’s IP litigation team.

Schwabe's IP litigators have deep experience in both enforcing intellectual property rights and defending against claims of infringement. We represent clients in disputes involving patent infringement, trade secrets, trademarks, copyrights, intellectual property licenses, privacy, and unfair competition.  Our litigators practice before the state and federal courts in the Pacific Northwest and California, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the U.S. Supreme Court, as well as the International Trade Commission.

Dedicated to IP litigation

Unlike general litigators who handle an occasional IP case or patent lawyers who sometimes help out with patent disputes, our IP litigators devote their careers to IP cases. Our focused experience keeps us at the forefront of legal developments and helps us find compelling, dispositive arguments.

At home in key venues

Our IP litigators practice before:

  • State and federal courts in the Pacific Northwest and California
  • U.S. Court of Appeals for the 9th Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. Supreme Court
  • International Trade Commission

Experience

  • Worked with Warn Industries, Inc. to pursue infringers of the utility and design patents covering its hand-held pulling tool, the PullzAll, in China, Germany, Australia and the United States as well as through actions regarding infringements occurring on the Internet.
  • Represented United States Natural Resources (USNR) in suing ex-employees for patent infringement, trade secret misappropriation and breach of contract when those ex-employees started their own business and took advantage of confidential knowledge and trade secrets to steal customers. This matter was important to USNR as a way to communicate that it would enforce its patent portfolio and its rights against ex-employees in Canada and the United States in an industry where employees move regularly between competing companies.
  • Serve as local counsel to Tenza Trading Ltd. in trademark infringement matter seeking to enforce the client’s rights in its premiere trademark against a cybersquatter. 
  • Brought Section 337 action at the International Trade Commission to enforce a major manufacturer and distributor of specialty gardening supplies' patent and trademark portfolio against a bevy of infringers that produced and sold knockoffs of its horticultural lighting products; action alleges patent infringement, trademark infringement and false advertising.
  • Represent Columbia Sportswear Company in litigation against Seirus Innovative Accessories for infringement of two of Columbia’s utility patents and one design patent covering its innovative Omni-Heat® Reflective fabric, one of Columbia's signature technologies for its outerwear products.
  • Represented Summit Media in case challenging the definition of trade secrets under Oregon law when departing employee tried to take clients from former employer.
  • Successfully defended West Marine in a suit for patent, trademark, and copyright infringement, forcing the plaintiff to dismiss its patent claims and winning dismissal of some trademark claims. The plaintiff dismissed its remaining claims after we asserted a counterclaim based on the new anti-patent troll provision of Oregon’s Unfair Trade Practices Act. 
  • Represent a large supplier of gardening supplies in trademark and trade dress litigation to protect its distinctive trademarks and branding.

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