Litigation

Bateman IP is here to make sure your intellectual property rights receive the best protection. While proactive management of IP rights will reduce the risk of infringement, it is sometimes necessary to take legal action to enforce intellectual property rights. It is also sometimes necessary to take legal action to prevent a competitor from overstating the scope of its IP rights.
Bateman IP has extensive experience in IP litigation. Our attorneys have represented clients from coast to coast, and many locations in between.

REPRESENTATIVE CASES

Copyright:

Small products manufacturer was sued for copyright infringement and unfair competition.

for using photographs of third-party in advertisements.  Our client had already defaulted on liability prior to hiring Rand. Rand represented the Defendant in the trial focused on damages.  Plaintiff sought over $900,000 in damages.  The court granted judgment for less than $10,000.

A homeowner designed his own home.  His builder copied the design and built another home with the same design nearby.  The jury found that the homeowner owned the copyright and awarded damages against the builder.

A small producer of promotional kits for distributors in the essential oils industry was sued for trademark, trade dress, and copyright infringement. In response to the Complaint, Rand filed a motion to dismiss or, in the alternative, for summary judgment arguing that the Plaintiff had no legal rights in the trademark and that the company’s kits did not infringe any trade dress or copyrights owned by the Plaintiff. The Court agreed and dismissed the lawsuit with prejudice.

Patent:

The sporting goods company was sued for patent infringement.  Rand demonstrated how the invention had been on sale prior to the one-year critical date, thereby rendering the patent invalid.   The patent owner withdrew its complaint.

Represented a purse maker who was accused of patent infringement.  A temporary restraining order had already been entered against the client.  At the preliminary injunction hearing Rand demonstrated how some of the claims could not read on the accused device and how the remaining claims were invalid over art which had already been considered by the USPTO.  Plaintiff withdrew their complaint the following day.

The manufacturer of electronic equipment was sued for patent infringement on a medical method patent. Rand filed a motion to dismiss on the basis that the facts alleged by the plaintiff proved that our client could not have infringed the patent because a third party must have performed key parts of the method, thereby preventing liability for our client. The Court agreed and granted a dismissal with prejudice.

Software company filed an action to stop competitors threatening patent infringement against its clients.  After an unsuccessful mediation, Rand filed a motion for summary judgment that 4 of the patents claimed ineligible subject matter. The court agreed, resulting in all 118 claims in the patents being held invalid. The ruling was unanimously upheld on appeal.

Trademark:

The former business partner of the client registered the company’s trademark in his own name prior to leaving the business.  Rand obtained cancellation of the prior business partner’s trademark registration before the Trademark Trial and Appeal Board.

A small online retailer was threatened by a competitor who had obtained a trademark registration for a phrase commonly used to describe the products sold. The trademark owner had threatened several other competing companies. Rand filed a cancellation proceeding and obtained summary judgment canceling the trademark registration.

Rand’s client was struggling with numerous competitors using their company’s marks in Internet tag lines to steer business toward their products. Many of the competitors claimed that the marks were descriptive. By pursuing cases against several competitors, the misuse of the client’s mark has become rare.

Bateman IP takes each of its clients’ IP litigation cases very seriously. Don’t let others infringe upon your company’s assets. Protect your intellectual property and your business revenue.