NP Alumni NP Team Work Ideas News Careers Locations HOME WORK LITIGATION Intellectual Property Litigation We leverage our extensive technical, industry and legal experience to help clients protect their innovations and brands while maintaining their competitive advantage. Our Approach In a fiercely competitive marketplace, all aspects of a company’s IP—innovative products and services, logos, social media presence and more—impact its business reputation. The ease of sharing information online has further motivated companies to vigorously safeguard their IP. Meanwhile, court decisions, including TC Heartland, and new procedures, like inter partes reviews (IPRs) and covered business method reviews (CBMs), continue to change the landscape for resolving disputes. In the world of high-stakes IP litigation, the technology, innovation or brand at issue can be intricate and complex. We build diverse litigation teams that combine trial proficiency with technical know-how derived from advanced degrees and first-hand industry experience to seamlessly communicate complicated concepts of fact and law in a clear and persuasive manner. We devise innovative, cost-effective legal strategies to help clients protect their patents, trademarks, copyrights and trade secrets and further their business interests and competitive advantage. Moreover, because we understand clients seek inventiveness and flexibility in fee structure and matter financing, we have developed strong relationships with litigation funders and have the experience to guide our clients through this process. Representative Patent Litigation Experience Successfully persuaded the Patent Trial and Appeal Board to deny the institution of IPRs against two separate patents directed to tampon applicators and owned by Edgewell Personal Care Co. (owner of Schick, Playtex, Hawaiian Tropic and Edge brands) (IPR2017-00694 and IPR2017-00693) Defended Edgewell Personal Care Co. against patent infringement allegations involving private label razors. The case was terminated. The Gillette Co. v. Edgewell Personal Care Co. (S.D.N.Y.) Led team that defended 29 companies, including some of the world’s best known brands, in a case in which 450 defendants were accused of patent infringement by an NPE involving a patent directed at online access to geographically and topically based information. The case was dismissed. GeoTag Inc v. Frontier Communications (E.D. Tex.) Defended Pilgrim Films & Television, a television production company, and other defendants, against patent infringement allegations for a wheelchair-accessible motorcycle, which was based off of an episode of American Choppers where they built a similar vehicle. Tavantzis, et al. v. American Choppers, et al. (M.D. Fla.) Represented Royal Caribbean Cruises, a global cruise company, in patent litigation matter involving propulsion condition management system. The case settled. Condatis LLC v. A.P. Moller-Maersk A/S, et al. (E.D. Tex.) Successfully represented and invalidated instituted claims (IPR2016-00055; IPR2015-01823) on behalf of Sierra Wireless, a multinational wireless communications equipment designer and manufacturer, in a patent infringement case related to wireless modules and routers designed and intended for use in M2M communications. M2M Solutions LLC, et al. v. Sierra Wireless America Inc. et al. (D. Del.) Defended Taleo Corporation and Vurv Technology, software companies in the talent management space, against allegations of patent infringement involving online résumé processing technology. The case settled during trial. Kenexa BrassRing Inc. v. Taleo Corp. and Vurv Technology, Inc. (D. Del.) Representative Trademark Litigation Experience Represented Akeso Health Sciences, a nutritional supplements provider, in a trademark and breach of contract case involving a nutritional supplement for migraines. The jury awarded Akeso Health Sciences. Akeso Health Sciences, LLC v. Quantum, Inc. (D. Or.) Represented Ford Motor Company, an American multinational automaker, in an ex parte seizure order of counterfeit goods resulting in an entry of a stipulated permanent injunction. Ford Motor Company v. O’Brien Parts, Inc., d/b/a Shamrock Parts, and Richard P. O’Brien, Jr. (D. Mass.) Represented Pushpay IP, a company that develops mobile application programs to assist organizations with financial payment transactions, in a trademark infringement involving the mark “Pushpay.” The case was dismissed. Pushpay IP Limited and Pushpay Holdings Limited v. Just Push Pay LLC (W.D.N.C.) Defended TrueX Media, a digital advertising company, against allegations of trademark infringement concerning use of TRUEX MEDIA mark. The case settled. True Media LLC v. Truex Media Inc. et al. (N.D. Ill.) Defended VeriFone, which provides technology for electronic payment transactions and value-added services at the point-of-sale, in an action alleging misappropriation of trade secrets involving pay-at-table software solutions for real-time communication via Wi-Fi networks for credit card terminals and point-of-sale systems. The case settled. Communication Transaction Solutions, Inc. v. VeriFone Holdings, Inc., VeriFone, Inc., et al. (Superior Court of Calif., County of Santa Clara) Representative Copyright Litigation Experience Represented ASE Technologies, a software development company, in a copyright infringement matter involving allegations of trade secret misappropriation, breach of contract, tortious interference, and civil conspiracy related to a document management system. The case settled. Nearstar, Inc. v. Waggoner, et al. (E.D. Tex.) Represented Club House Creations, a retail clothing store, in a copyright infringement and unfair competition case brought by Urban Textile. The case was dismissed. Urban Textile, Inc. v. Rue 21 Inc., et al. (C.D. Calif.) Represent Gameloft, a mobile game developer, in a suit alleging copyright infringement, trade secret misappropriation, and other claims relating to the development of digital cars used in mobile video games. Glass Egg Digital Media v. Gameloft, Inc. et al. (N.D. Calif.) Represented Remrylie Licensing, a retailer of clothing, footwear, etc., in a copyright infringement case involving photographs of Tupac Shakur. The case settled. Dana Ruth Lixenburg v. Bioworld Merchandising Inc., et al. (C.D. Calif.) MEDIA CLIPS IDEAS Is this the end of facial recognition systems? Artificial Intelligence | 11.09.21 Previous Next PRESS Twenty Nixon Peabody national practices receive Tier 1 ranking from U.S. News—Best Lawyers® in 2022 ‘Best Law Firms’ 11.04.21 Previous Next EVENTS 2021 Virtual CLE Week: The Latest Updates Affecting the Business and Legal Environment 03.18.21 | Virtual Series Previous Next TALKS 28TH Annual Fordham IPLJ Symposium:Free Speech in the Modern Age 03.08.21 | Virtual Event Previous Next CONTACTS Jeffrey L. Costellia Partner Co-leader, Intellectual Property jcostellia@nixonpeabody.com Phone: 202-585-8207 Jason C. Kravitz Partner Co-leader, Intellectual Property Leader, Cybersecurity & Privacy jkravitz@nixonpeabody.com Phone: 617-345-1318 View All Contacts INTELLECTUAL PROPERTY LITIGATION RELATED PRACTICES RANKINGS & HONORS NP TEAM WORK IDEAS NEWS CAREERS LOCATIONS SITEMAP PAL LEGALLY GREEN® Privacy Policy | Terms of Use and Conditions | Statement of Client Rights | Nixon Peabody International LLP ©2021 Nixon Peabody LLP This website contains attorney advertising. Prior results do not guarantee a similar outcome.