Intellectual Property Disputes

Intellectual Property Disputes

WMC represents clients who have suffered damages from violations of their intellectual property rights, including patent, copyright and trademark infringement as well as theft of trade secrets. Whether litigating a case in court, advising clients on best practices for protecting their intellectual property, or leading internal company investigations, we handle these matters aggressively, efficiently and effectively.

Our lawyers have represented clients in a variety of litigations related to theft of intellectual property and patent disputes, including matters involving technologies such as computer software and hardware, LEDs, bio-technology, semiconductor manufacturing and fabrication, optics and medical devices as well as proprietary business methods. Our lawyers have achieved notable successes in litigation that have been featured in national legal publications.

Our speedy, practical approach to trying cases was exemplified in the in In re Outsidewall Tire Litigation, in which we obtained a $26 million jury verdict on behalf of Alpha Mining Systems, a Florida-based tire designer and distributor. Our lawyers filed the lawsuit on Alpha’s behalf in October 2009 in the United States District Court for the Eastern District of Virginia against companies from Dubai and China for stealing Alpha’s intellectual property, including blueprints, related to specialized underground mining tires. Just eight months later, a jury found the defendants liable for copyright and trademark infringement, conversion and civil conspiracy. The verdict was the largest jury verdict in Virginia in 2010, one of the top 100 verdicts in the United States, and one of the largest individual copyright infringement awards in history.

In addition to our experience litigating, our lawyers have conducted a number of internal investigation for Fortune 500 companies being investigated for violations of criminal intellectual property laws such as theft of trade secrets under the Economic Espionage Act and criminal copyright infringement. Through the advice and assistance of our lawyers, the companies were able to avoid being indicted by the federal government.

We also counsel clients proactively, before problems arise, on risk management, employment and insurance issues relating to intellectual property. In some intellectual property cases, the law will not protect proprietary information unless the aggrieved party can demonstrate that it took reasonable measures to preserve the secrecy of the information. We have the experience to counsel our clients regarding those measures. This includes limiting access to materials containing valuable ideas, establishing effective physical and data security, and developing confidentiality and (where permitted) legally enforceable non-competition agreements with employees.