Murtha Means More

Intellectual Property Litigation


Contact: David P. Friedman

Contact: Anthony P. Gangemi, Chair

Businesses work hard to develop and protect the knowledge that sets them apart.  After all, that intellectual property is the lifeblood of the company.  It follows that intellectual property is frequently the center of litigation.  We have the skills and tenacity to fight these battles with you and the experience to develop strategies to conduct litigation efficiently in light of how that litigation impacts your business objectives.

Representative Cases

  • We tried the seminal case in Connecticut on theft of business methods, which resulted in substantial damages being awarded to our client.  In addition, the former employee who had misappropriated the secrets was barred from competing with our client for three years.  The decision was upheld on appeal.
  • We represented British companies in a cross border dispute involving competing trademark and copyright claims over a proposed business relationship that was never fully implemented.  This litigation involved the question of whether a pre-deal term sheet constituted a licensing agreement.  Our lawyers were able to utilize the Digital Millenium Copyright Act (“DMCA”) to take down the opposing party’s website pending resolution of the case, which subsequently settled favorably for our clients.
  • We obtained a preliminary injunction in Massachusetts against a key technical employee of a company that sells sophisticated financial software products used in the control and management of corporate treasury operations worldwide.  After obtaining the preliminary injunction, our lawyers were able to negotiate a permanent injunction as to the former employee.
  • We defended a company against claims that its toys infringe a competitor’s copyright.  In addition to the allegations of copyright infringement, the plaintiff has also asserted claims of defamation and violations of the Connecticut Unfair Trade Practices Act.  In response, our client has asserted invalidity, non-infringement and fraud on the Copyright Office.  This case is ongoing.
  • We negotiated and effectuated the sale of intellectual property in the context of Chapter 11 and Chapter 7 Bankruptcy Proceedings.

 

Disclaimer: Each case has its own specific facts and legal issues. We cannot guarantee success in every individual matter.

Description

Contact: David P. Friedman

Contact: Anthony P. Gangemi, Chair

Businesses work hard to develop and protect the knowledge that sets them apart.  After all, that intellectual property is the lifeblood of the company.  It follows that intellectual property is frequently the center of litigation.  We have the skills and tenacity to fight these battles with you and the experience to develop strategies to conduct litigation efficiently in light of how that litigation impacts your business objectives.

Representative Cases

  • We tried the seminal case in Connecticut on theft of business methods, which resulted in substantial damages being awarded to our client.  In addition, the former employee who had misappropriated the secrets was barred from competing with our client for three years.  The decision was upheld on appeal.
  • We represented British companies in a cross border dispute involving competing trademark and copyright claims over a proposed business relationship that was never fully implemented.  This litigation involved the question of whether a pre-deal term sheet constituted a licensing agreement.  Our lawyers were able to utilize the Digital Millenium Copyright Act (“DMCA”) to take down the opposing party’s website pending resolution of the case, which subsequently settled favorably for our clients.
  • We obtained a preliminary injunction in Massachusetts against a key technical employee of a company that sells sophisticated financial software products used in the control and management of corporate treasury operations worldwide.  After obtaining the preliminary injunction, our lawyers were able to negotiate a permanent injunction as to the former employee.
  • We defended a company against claims that its toys infringe a competitor’s copyright.  In addition to the allegations of copyright infringement, the plaintiff has also asserted claims of defamation and violations of the Connecticut Unfair Trade Practices Act.  In response, our client has asserted invalidity, non-infringement and fraud on the Copyright Office.  This case is ongoing.
  • We negotiated and effectuated the sale of intellectual property in the context of Chapter 11 and Chapter 7 Bankruptcy Proceedings.

 

Disclaimer: Each case has its own specific facts and legal issues. We cannot guarantee success in every individual matter.

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