Overview
Competition lies at the core of intellectual property and technology law. Businesses count on us to secure, leverage and defend their intellectual property and technology rights and to help them navigate through the thicket of potentially competitive intellectual property. Our well-respected, nationally-recognized lawyers have tried some of the most complex intellectual property cases, fighting to get our clients into different markets and protecting their property rights. The national and international reach of our IP group helps us assist clients throughout the United States and around the world.
Our clients span from Fortune 500 companies, to mid- and small- cap enterprises, to Internet start-ups. They include businesses in the pharmaceutical, biotechnology, energy, banking, transportation, manufacturing, merchandizing, consumer product, software, franchising, consulting and accounting industries, as well as educational institutions throughout the country.
Our high caliber IP trial attorneys have a longstanding record in all aspects of protecting intellectual assets against infringement. Some of our attorneys have more than 40 years of experience prosecuting and defending clients in IP matters. We represent plaintiffs and defendants before federal district and appellate courts across the country, the Court of Appeals for the Federal Circuit, the U.S. Supreme Court and the U.S. International Trade Commission. More than half of our IP team is admitted to practice before the U.S. Patent and Trademark Office (PTO). A selection of our attorneys is recognized in Chambers USA, The Best Lawyers in America and Super Lawyers. Recently, our IP practice was recognized in Tier 1 nationally as part of the U.S. News-Best Lawyers “Best Law Firms” lists. Additionally, Texas Lawyer named two of the verdicts (Baker Hughes, Inc. v. Varel Holdings Inc & Input/Output Inc. v. Sercel Inc.) the Firm secured to their Top Texas Verdicts of 2010.
Many of our attorneys previously worked as engineers for the industries we serve, such as chemical, petroleum and aerospace companies and chemical and mechanical engineering firms. We have attorneys who were former patent or general counsel to software makers, universities and global multinationals; others were examiners for the PTO. Our attorneys have diverse educational backgrounds and degrees in a variety of fields, including biochemistry and molecular genetics, biology, biomedical science, cellular biology, civil and electrical engineering, neurosciences and organic chemistry. Many of our attorneys and professionals have PhD’s in their field of study, including biogeochemistry, biological chemistry, inorganic chemistry, materials science and engineering, microbiology and molecular biology.
Locke Lord's trial lawyers have extensive experience in every type of IP litigation, from retail and manufacturing issues to biotechnology and entertainment cases. We provide sophisticated and active IP legal counseling for each step of development and implementation in order to protect, license and enforce business method patents and the range of IP assets for clients.
We manage all phases of patent litigation, beginning with carefully orchestrated discovery, resulting in thorough pre-litigation infringement and validity investigations. Our firm has represented hundreds of plaintiffs and defendants in jury and bench trials, as well as in arbitrations before such forums as the International Trade Commission.
Many of our cases have resulted in landmark decisions, such as the landmark litigation involving Amgen v. Chugai Pharmaceuticals and the internationally-cited Factor VIII litigation on behalf of The Scripps Research Institute and Rhone-Poulenc Rorer. In addition, we represented a major computer company accused of copyright infringement by a book author seeking $800 million in damages. We defeated the claim of copyright infringement and obtained the largest attorney fees then awarded in a copyright case. The case was affirmed by the Fifth Circuit; petition for certiorari by claimant denied by Supreme Court.
Firm attorneys have secured some of the largest damage awards in U.S. patent infringement cases in history. Among our most noteworthy accomplishments are the damage awards we obtained in Procter & Gamble v. Paragon Trade; Mobil Oil v. Amoco Chemicals; and Stryker v. Intermedics Orthopedics; Procter & Gamble v. Keebler, Nabisco and Frito Lay; and Scripps Clinic and Research Foundation, Inc. v. Baxter Travenol Laboratories, Inc.
Our years and depth of experience give us a unique perspective on the variables in any litigation and the ability to recommend the choices most favorable to our clients. We work closely with clients to determine which forum offers the best environment for a case and what district has a docket that will come closest to meeting our timing needs. We review opportunities based on discovery to develop trial strategies, choose expert witnesses, anticipate the arguments of opposing counsel and, not least of all, effectively manage litigation costs.
Not every dispute is resolved through negotiation, litigation or settlement. There are myriad forms of alternate dispute resolution that we employ to obtain a favorable outcome for our clients, and a course is chosen through an analysis of the facts of the matter, the contractual requirements and the forum deemed most appropriate. Our attorneys are skilled in the use of commercial arbitration, mediation and other techniques most likely to achieve desired results. We also manage litigation arising after arbitration decisions. In one case, we won a mini-trial, then secured a significant settlement for our client.
We have assisted domestic and international clients in resolving disputes involving inventorship, patent infringement and validity, trademark, interference and licensing disputes, such as best efforts and reasonable royalty issues. Members of the firm frequently act as neutrals in alternate dispute resolution forums.