IP Litigation


"When we need someone to really dig in and fight a good fight, we typically turn to Lerner David."  This comment by the in‑house counsel for a Fortune 100 company reflects our firm's attention to detail in litigation and our firm's aim to achieve the business goals which gave rise to litigation in as efficient a manner as possible.  Our intellectual property litigators do not believe in fighting litigation battles merely because the battles can be won.  Rather, our goal is to achieve victory on the business issue that gave rise to the litigation.  In so doing, we relentlessly pursue the facts and the law needed to establish our winning position, free of distraction from issues that do not bear on ultimate victory.  This approach, combined with our litigation strategy deeply rooted in our clients' business objections, has often enabled us to achieve our clients’ litigation goals without trial.

However, when trial is appropriate, we have an admirable winning record.  Because of our understanding of technology and our experience in intellectual property procurement, we are able to explain the most technically and legally sophisticated matters in a common sense way that allows the issues to be understood and our clients' positions embraced by a judge or jury.  Our specific skills in the various areas of intellectual property litigation are explained below.

Thus, we were pleased - but not surprised - when, in June 2015, the editorial staff of the New Jersey Law Journal presented Lerner David with an award as the top intellectual property practice in New Jersey.

Patent Litigation in the Courts

Our expertise and experience in patent litigation before U.S. District Courts and the U.S. Court of Appeals for the Federal Circuit is unsurpassed.  We have successfully represented the largest corporations in the world in assertion of their patent portfolios and in defense of claims filed by competitors and other patent owners.  Indeed, our firm was lead counsel for one of the parties in one of the largest patent infringement actions ever brought in the United States.  However, our expertise is not limited to representing large corporations.  We are also known for representing small corporations and individual inventors in patent litigation.

In all these cases, we bring an efficient and goal‑oriented approach to litigation.  Through our depth of technological understanding and our experience with trial and appellate courtroom practice, we effectively achieve our clients' goals.  Because we are intimately familiar with every nuance of obtaining patents in the United States and abroad, we are able to bring this expertise to bear on effective assertion of and defense against patent claims.

Trademark, Trade Dress and Domain Name Litigation

Trademark and trade dress litigations are often won or lost at the very beginning of the litigation process.  Emergency motions and hearings for temporary restraining orders and preliminary injunctions are commonplace.  These proceedings are quite different from trials, but are often determinative of whether or not a case can be resolved favorably for our clients.  We have extensive experience in courts around the country representing our clients both in assertion of our clients' rights and the defense of our clients against assertions by others. 

We also have considerable experience representing both intellectual property rights holders and accused infringers in the field of “grey market” goods and counterfeit products.  In this regard, we have assisted our clients in effective use of anti-counterfeiting laws through the use of emergency court actions and seizure procedures in association with U.S. Marshals to stop counterfeiters and seize counterfeit goods.  In the area of domain name litigation, we have effectively employed and defended against the type of emergency motion and hearing procedures we have previously described and used the Uniform Dispute Resolution Proceeding process for our clients' benefit.  In all these instances, understanding the dynamics of emergency motion practice and the unique rules that apply to same are a critical advantage that our firm routinely uses to achieve success.

False Advertising, Unfair Trade Practices, and Trade Secret Litigation

Our comprehensive knowledge of intellectual property laws enables us to pursue the best tactical avenue for our clients' success.  We are in a unique position to achieve success because we know what can - and cannot - be properly protected by intellectual property rights.  We leverage this knowledge effectively by conveying in a courtroom whether or not a particular intellectual property asset has been wrongfully appropriated and whether a client's or a client's competitor's actions are unlawful.  As always, we take the business realities of our clients into account, and our depth of technological understanding allows us to comprehend subtleties that escape many other firms.

Licensing Litigation

Licensing disputes are resolved commonly by arbitration as well as by litigation.  In either venue, our firm's extensive experience brings to bear practical business considerations in advocating our client's position.  The consequence is that our client's position is understood not only based on its legal position, but also from a common sense business perspective that crystallizes our clients' positions to judge, jury, or arbitrator.  We have consistently found that our clients enormously benefit from this approach as evidenced by our successes. 

Copyright Litigation

Copyright litigation, like trademark litigation, is often marked by emergency motions brought by intellectual property rights holders.  We have extensive experience in representing copyright holders and those accused of copyright infringement in such emergency proceedings.  Unlike trademarks, the dynamics of copyright litigation are often marked by the possibility of statutory damages that a copyright registrant may obtain and by the general rule, unlike other forms of intellectual property protection in the U.S., that the prevailing party in a copyright case is often entitled to compensation for its attorney fees. We bring a full understanding of the synergism that these issues present in copyrights cases, with the result that we are able to achieve considerable success.

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