IP Litigation

Fitch, Even, Tabin & Flannery LLP’s national IP litigation and trial practice provides sophisticated, highly effective representation to a wide range of clients in virtually every major industry. Our deep experience, strategic approach, vigorous advocacy, and proven trial capabilities have led to a stellar track record of success against top legal teams from the nation’s largest law firms. Fitch Even has handled cases involving a variety of technologies and complex fact patterns underlying claims of patent infringement, trade secret theft, breach of license, trademark infringement, copyright infringement, and unfair competition. We work closely with our clients at all times so that the legal strategy is always consistent with the client’s business goals.

Our litigation teams are experienced in many of the most active federal courts for patent cases, such as the Eastern District of Texas, the Eastern District of Virginia, the Northern District of Illinois, the District of Delaware, the Western District of Wisconsin, and the Northern District of California. Fitch Even also handles patent and trademark claims involving imported goods in proceedings before the United States International Trade Commission (ITC), and has been successful in obtaining and defending against exclusion orders in the ITC on behalf of our clients.

Trial Expertise

One of our core competencies is the trial of intellectual property cases to judges and juries. Our litigation teams are led by accomplished lead trial attorneys, each of whom has significant courtroom experience and a proven track record at the trial court and appellate levels. Most of our litigators also have technical backgrounds and patent bar credentials, enabling us to provide teams possessing a mix of legal and technical capabilities tailored to the particular needs of each case. Some of the firm's trial attorneys practiced general commercial civil litigation prior to focusing on IP matters, which enhances the depth and breadth of our trial capabilities. 

Submitting a hotly contested intellectual property dispute for resolution by a jury or judge is an inherently risky, high-stakes proposition for any business venture. Without an experienced legal team capable of developing and executing the right strategy for presenting these cases to the decision maker, a successful outcome may be jeopardized. Fitch Even trial attorneys are skilled at presenting complex technology, fact patterns, and legal doctrines in the courtroom through effective preparation and use of witnesses, demonstrations, photographic evidence, video, computer animation, and other courtroom technologies. We have been entrusted to try complex intellectual property cases against tough opponents represented by top firms across the country, and our clients have obtained favorable verdicts and bench decisions in a high percentage of these cases. The firm's reputation for courtroom victories also helps position clients for favorable settlements.

Enforcement of IP Rights

A particularly active segment of the firm’s litigation practice involves developing and executing broad patent enforcement and licensing initiatives in response to industry-wide patent infringements. The firm handles such matters under both traditional and contingent fee arrangements, often on behalf of small and midsized companies whose IP rights are being impacted by much larger industry participants. We have particular expertise at executing multifaceted strategies using litigation in conjunction with reissue and continuation patent proceedings in the USPTO to advance ongoing patent enforcement and licensing efforts. We have successfully tried a number of patent infringement trials in recent years against large, well-funded defendants.

The firm’s willingness to pursue appropriate cases on a contingent fee basis through trial and appeal demonstrates our ability to properly analyze, effectively develop, and successfully resolve intellectual property lawsuits to a favorable return on the litigation investment.

Defense of Adverse IP Claims                    

We are also frequently called upon to defend claims of intellectual property infringement on behalf of corporate clients of all sizes. We have successfully defended cases with damages exposures as high as nine figures through jury verdict and appeal, and are also adept at defeating adverse claims through effective use of tools such as Markman claim construction proceedings and summary judgment. Our litigation teams often leverage the firm’s patent prosecution practice to pursue reexamination and other post-issuance procedures as a component of a comprehensive defense strategy. In one example, the firm initiated reexamination proceedings involving multiple patents, dozens of industry participants, and several related litigations. Based on key new prior art and invalidity arguments developed by Fitch Even during related infringement litigation, the patents emerged from the USPTO proceedings with significantly narrowed claims. Fitch Even then defended our client against the reissued and reexamined patents in further litigation, and ultimately obtained a jury verdict of non-infringement of each patent. 

We believe that the experience and insights obtained from a litigation practice evenly proportioned between plaintiff and defense representation makes our litigation teams more effective in both settings.

Strategic Approach

Fitch Even understands that IP litigation is just one component of our clients' broader business missions. We collaborate with our clients to develop a strategic litigation plan that supports their underlying business objectives, and to ensure that the strategy remains appropriate throughout the course of each case. Within that framework, we approach each case with an emphasis on efficiency, legal ingenuity, and effective advocacy. We litigate in lean, efficient teams to avoid the undue expense associated with unnecessarily large staffing. The constant guidance of experienced trial counsel permits each critical decision to be approached with a realistic appreciation of what is needed—and what is not needed—to win at trial. Our litigators are skilled at using the pre-trial discovery process to position cases for victory within appropriate budgetary constraints, are effective writers and advocates, and consistently excel under pressure, including at the moment of truth in court.

We have the flexibility to expand and tailor our litigation teams to the needs of each case, providing the appropriate mix of legal and technical resources throughout. Because of our intellectual property focus, we can also effectively team with a client's general practice attorneys in appropriate cases.

Appellate Practice

Fitch Even also provides skilled and effective appellate representation before the Court of Appeals for the Federal Circuit and other regional circuits and in state appellate courts. The firm's appellate lawyers argue on a regular basis before the Federal Circuit and have obtained important decisions that have helped shape intellectual property law.  Our appellate teams are well-versed in the rules of appellate procedure and the governing legal precedent and are polished appellate brief writers and oral advocates.

While the majority of these appeals arise from our active trial practice, we have also been retained in cases tried by other counsel. We are pleased to partner with co-counsel in the manner best suited to the client's needs. Fitch Even has also been retained by organizations who have appeared as amicus curiae in important precedent-setting Federal Circuit appeals.

Contingent Fee Practice

Fitch Even offers a number of alternative billing arrangements to help better serve the litigation needs of our diverse client base. We also offer full and partial contingent fee arrangements in appropriate cases for clients who wish to partner even more closely in licensing and enforcing their rights. The firm's contingent fee litigation and licensing practice complements our long tradition of making proficient intellectual property representation available to small companies and individual entrepreneurs.
 

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