Intellectual Property

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Babst Calland’s attorneys have substantial experience in intellectual property litigation. Our IP litigation lawyers understand new technologies, have proven skill in handling complex intellectual property cases and have substantial trial experience.

For more information:
Heather Heidelbaugh
(412) 394-5636 
hheidelbaugh@babstcalland.com

Our trial skills, combined with the remarkable scientific and engineering backgrounds of Babst Calland lawyers, enable us to develop strategies that maximize your IP litigation position, and to succeed whether in an injunction hearing trial or negotiated resolution.

When a case calls for immediate relief, we have prosecuted and defended many motions seeking temporary restraining orders or a preliminary injunction, in both the state and federal court systems.

COPYRIGHT LITIGATION

We assist clients in enforcing copyright claims and defending claims of infringement in a wide variety of areas. These include infringement litigation involving computer programs, literary works, video recordings, works of art and design, architectural works, and many other protectable works. We also are experienced in litigating the complex issues of authorship, ownership, works for hire, copyrightability, originality and fair use. Our copyright litigation experience includes:

• Representation of motion picture studios in a series of copyright actions against those that infringed on copyright rights.
• Defense of alleged copyright infringer of architectural plans, including avoidance of preliminary injunction hearing, and favorable non-monetary settlement of matter.
• Prosecution of three multi-district copyright cases for a global healthcare company that resulted in successful settlement for client.
• Representation of architect against developer and owner in copyright infringement matter regarding architectural plans.
• Representation of software developer in copyright infringement matter regarding work for hire issues.
• Representation of photographers in multiple copyright infringement matters.
• Representation of national and global artist in copyright infringement against a global electronics company.

TRADEMARK LITIGATION

Organizations place tremendous value in their trademarks, service marks and trade dress. Symbols, phrases, logos, and other distinctive marks have been developed at great time and expense. To avoid allowing your competitors to take advantage of this, the Babst Calland trademark litigation practice routinely prosecutes and defends claims involving registered and unregistered trademarks and service marks. Our trademark litigation experience includes:

• Successfully enjoined a competitor’s use of the trademark which diluted our client’s similar name.
• Defended alleged trademark infringer, and utilizing creative discovery strategies to develop facts at reasonable cost to the client.
• Appointed as discovery master in federal trademark cases.
• Obtained restraining order and negotiated preliminary injunction in trade name and service mark infringement regarding health care practice in a case that was crucial to our client’s expansion plans.

PATENT LITIGATION

Babst Calland IP litigation practice includes patent infringement litigation, the development of patent litigation strategy, pursuit and defense of related claims of antitrust and patent misuse, at trial and before the Federal Circuit. Many Babst Calland lawyers have undergraduate degrees in engineering and the sciences– we combine this substantive knowledge with the trial skills of our IP lawyers to present complex technical matters to juries and use state-of-the-art litigation strategies and techniques to protect or defend patent claims.

Babst Calland's IP lawyers have been involved in cases spanning a spectrum of patent matters, including:

• Represented industrial products manufacturer in patent infringement suit against world’s largest tire company, and successfully defended claims of invalidity, patent misuse and antitrust violations. After four years of pretrial proceedings, and a two week jury trial, the jury found the patent to have been willfully infringed, resulting in doubling of the $2.5 million damage award, and the addition of attorney’s fees and prejudgment interest, for a judgment totalling $7.3 million. The verdict was affirmed by the Federal Circuit.
• Defended patent claim for alleged infringement of a device used by a transportation company. The case resulted in a favorable settlement for Babst Calland’s client.

TRADE SECRET LITIGATION

Every organization has developed trade secrets. Customer lists and contacts, sales strategies, pricing information and a host of other information are all protectable assets. Trade secret intellectual property assets may not be subject to the protections of patent, copyright or trademark laws. These assets are protected under long-standing trade secret common law and state statutes.

Babst Calland's IP lawyers regularly litigate and try cases that center on the disclosure and use of trade secrets, and represent clients in numerous injunction hearings that have involved both technical and non-technical trade secrets. A sample of our trade secret litigation includes:

• Prosecution of dozens of trade secret claims based on employees’ use and disclosure of customer contact information, sales strategies, vendor relationships, theft of documents, theft of computer files, etc.
• Successful defense at injunction hearing of claim that manufacturing client misappropriated trade secrets.
• Represented defendant computer peripheral supplier in suit for theft of trade secrets. After expedited discovery, and a preliminary injunction hearing, the Court denied all injunctive relief claims and the case settled with no payment from client.
• Represented manufacturer of nuclear measuring devices as claimant in arbitration against former employees regarding theft or trade secret business and customer information. After hearing, arbitrator ruled in our client’s favor and awarded damages against former employees.

EMPLOYEE RESTRICTIVE COVENANTS

It has become common for organizations to ask employees to sign a non-competition agreement or other restrictive covenant. Employees rarely take these agreements seriously. Further, even if an employee is not bound by a restrictive covenant, an organization can prosecute other legal theories to prevent the use or disclosure of its trade secrets. Such theories include misappropriation of trade secrets, unfair competition, breach of duty of loyalty and the "inevitable disclosure doctrine," which can prevent a former employee from acting in a capacity in which they will inevitably use or disclose the former employer's trade secrets.

Whether bound by a restrictive covenant or not, a former employee that has been entrusted with the most important secrets of an organization can devastate the former employer through the improper disclosure or use of company secrets. It is critical to prevent the loss of valuable trade secrets and goodwill through the departure of important employees to a competitor. Our lawyers have substantial experience prosecuting and defending claims involving restrictive covenants. Babst Calland’s experience includes both claims for injunctive relief and damages. For example:

• Prosecuted dozens of claims seeking to enforce non-competition agreements.
• Achieved successful results for our clients, both through injunction hearings and settlement.

THE INTERNET

Babst Calland has experience assisting clients involved in the many technical and legal challenges posed by intellectual property and the Internet. Babst Calland has pursued those who have used the Internet to infringe on copyrights, trademarks, and other proprietary rights, including cases involving the following: