At Akin Gump, we approach litigation as a problem-solving practice. The IP practice at Akin Gump combine to provide formidable litigation teams to assist clients when the potential for IP litigation arises. Where possible, we work with clients to develop alternative strategies to litigation, including structuring novel settlements, pursuing alternative dispute resolution, and engaging in quasi-litigation and administrative proceedings (patent reexamination and reissue patent proceedings and Trademark Trial and Appeal Board proceedings when trademark issues are implicated).

Akin Gump’s IP litigation attorneys are experienced in patent, trademark, copyright, trade secret and Internet-related disputes in federal, state and appellate courts throughout the United States and before the U.S. Patent and Trademark Office, and before arbitration forums that decide domain name disputes such as the Internet Corporation for Assigned Names and Numbers (ICANN).

Our trial attorneys are skillful in the art of explaining complex litigation issues to juries to achieve desired outcomes. One reason for this ability to convey complex ideas with clarity is that Akin Gump’s IP litigation attorneys are experienced in all aspects of IP law, unlike those in many firms, where IP litigation is wholly separate from IP transactions and procurement practice. The result of this integrated approach is the ability to form client-oriented litigation teams that focus on the entire scope of IP disputes, taking into consideration the full panoply of legal options as influenced by the industry and technology involved, the client’s overall IP position and ultimately the client’s long- and short-term business strategies. Our patent attorneys who are also scientists and engineers, and our trademark, copyright and Internet attorneys, work in trial teams to ensure precise and understandable technical presentation, thorough expert witness preparation and in-depth analysis of IP issues, and enable us to bring successfully intellectual property matters to conclusion whether through injunction proceedings, summary judgment, verdict and/or appeal.

Akin Gump’s IP litigation attorneys have been ranked among top professionals in The National Law Journal, The American Lawyer, Trademark Insider, IP Today, The Legal Intelligencer, The Best Lawyers in America, Euromoney’s Guide to the World’s Leading Patent Law Experts and America’s Leading Business Lawyers (Chambers USA). Further, our distinguished appellate team complements our trial and litigation practice. This in-house think tank features a former judge on the U.S. Court of Appeals for the Ninth Circuit, many former assistant U.S. attorneys, and numerous former judicial clerks for the U.S. Supreme Court and U.S. Courts of Appeal. Their depth and breadth of knowledge and experience provide in-depth support for our IP litigators and trial attorneys to ensure that our clients’ litigation needs are well served from pre-complaint investigation through trial and then appeal. Akin Gump’s IP litigation attorneys also utilize the wealth of knowledge of Akin Gump’s attorneys in other practice groups around the world to supplement advice as needed on sophisticated issues germane to IP litigation and counseling including issues in areas of law such as corporate, public law and policy, import/export, regulatory, health care, insurance law and antitrust law.

Patent Litigation

Akin Gump believes that preventive IP representation, strategy, counseling and risk management, as well as negotiated resolution of patent conflicts, are in our clients’ best interests. However, patent litigation is sometimes necessary to enforce significant patent rights or to defend against an infringement accusation, in which case our patent litigation teams are prepared to work with clients to carry out the best litigation strategy consistent with clients’ business plans. The patent litigation practice has litigated utility and design patents across the United States and has participated with foreign patent attorneys in proceedings overseas.

Our patent litigation teams include technically knowledgeable patent attorneys from our patent practice, as well as attorneys who have significant litigation and trial experience, to ensure that all technical and legal issues are recognized and evaluated. Recent litigated technologies from exemplary cases include:

• beverage packaging and closure devices
• promotional codes used in point-of-sale systems
• mobile devices
• keyboards and numeric keypads for mobile devices
• data compression in hard drives
• office shredders
• location-based services and navigation
• three-dimensional graphics processors
• personal security systems
• remote control and access of personal computers
• LCD televisions
• vehicle audio systems capable of integrating a portable media player
• portable computers with touch screens
• SMS text messaging
• medical device used in spinal fusion surgeries
• encryption on commercial DVDs
• drugs used for the treatment of rheumatoid arthritis, plaque psoriasis, and the prevention of cardiac ischemic complications

Whether clients are involved in preventive patent practices or patent litigation, Akin Gump has the capacity, resources and technical and legal experience to achieve the desired result.

Trademark, Copyright and Internet-Related Litigation

Our trademark, copyright and Internet (TCI) practice attorneys believe that successful presentation of a trademark or copyright infringement case, or a case involving hacking, spoofing or domain name infringement, requires the lawyers presenting the case to be intimately familiar with the commercial landscape, the economics of the industry and/or the technology involved. Akin Gump’s TCI attorneys are thoroughly experienced in handling trademark, copyright and Internet-related disputes, including formulating strategy, implementing tactics, and presenting cases in federal and state courts. The TCI practice includes attorneys who have extensive capabilities in using (or attacking) consumer research or survey evidence in trademark infringement cases. Such evidence is often key to the outcome of the case. When trademark, copyright or Internet-related litigation arises, we select a team of IP litigators that includes lawyers from Akin Gump’s TCI practice to tap into their particular legal, industry and/or technical knowledge. The litigation teams work with our clients to provide counseling and advice that fits within each client’s business strategy.

In some circumstances, the IP litigation practice also uses alternatives to litigation, including Trademark Trial and Appeal Board proceedings, mediation and alternative dispute resolution as cost-effective approaches in trademark and copyright disputes. Our attorneys’ depth of experience enables them to use a wide range of strategies in business counseling for IP disputes. Akin Gump’s IP litigation teams have handled trademark, copyright and Internet-based litigations involving:

• beverage labeling and packaging
• copyrighted software programs
• imitation of union logos printed on calendars
• décor trade dress
• counterfeiting of high-fashion, jewelry and licensed sports merchandise
• generic terminology of “e-ticket”
• digital sampling
• stock market cybersquatting
• printer consumables grey goods
• restaurant chain trademarks
• computer software in access control cards
• Internet broadcast of musical tones
• domain name registry accused of unfair trade practices

Akin Gump has been involved in numerous other trademark, copyright or internet-related actions for clients in a wide range of industries, including: retail apparel, clean room equipment, retail home centers, restaurants, mutual fund companies, investment banking, CAD/CAM software, toys, publishing, flooring and decking, money order processing and real estate development.

Trade Secret Litigation

Trade secrets can be highly valuable corporate assets. However, their value is secure only with good legal counseling and, when necessary, enforcement. Such enforcement requires swift, decisive and determinative action. Akin Gump’s vast experience in trade secret matters ranges from industrial espionage to breaches of loyalty or contract by employees. When the situation demands, we are able to take decisive and often case-determinative measures immediately upon notice of a claim of trade secret misappropriation. Akin Gump’s IP litigation team has defended and brought motions for temporary restraining orders, preliminary injunctions and orders to show cause when necessary to protect such rights. Our attorneys have represented clients in civil and criminal trade secret disputes in state and federal courts, and in civil matters before international tribunals and using alternative dispute resolution. Our attorneys keep abreast of the rapidly evolving law and are called upon by professional groups to lecture and publish on topical issues in trade secret litigation. As a result of the diversity of experience in our litigation practice, we have represented clients in trade secret matters in the electronics, telephone, automobile, pharmaceutical, computer, nuclear, consulting and chemical industries throughout the United States.

Long before litigation begins, clients must be able to identify and guard confidential commercial information so that it will be protected from misappropriation by competitors. As part of our commitment to client service, Akin Gump works with its clients to assist in protecting trade secret properties. Akin Gump’s IP attorneys conduct trade secret audits, evaluating and advising on methods to maximize the likelihood that valuable trade secrets will be deemed worthy of protection by the courts. Our attorneys also assist in human resources counseling to establish employee secrecy and non-compete policies that can be monitored and enforced, and guide our clients through cost-benefit analysis of litigation versus other forms of dispute resolution.