Fitch, Even, Tabin & Flannery's® litigation practice has its trial lawyers engaged before state and federal courts across the country, pursuing and defending against claims of patent infringement, trademark infringement and counterfeiting, copyright infringement, unfair competition and trade secret violations. These cases often also involve related contract, license, and antitrust law issues. Our vigorous advocacy, effective trial techniques, and pragmatic approach have enabled us to assemble a stellar track record in cases involving a variety of technologies and fact patterns in virtually every major industry. The firm's reputation for courtroom victories also helps position clients for favorable settlements.

Whether your company has a small IP dispute that requires quick resolution, has been threatened by a competitor after launching a new product, or seeks to enforce important intellectual property rights against unscrupulous infringers, consider how Fitch Even's total strategy approach to intellectual property litigation can help your company achieve its business goals.

The firm's litigation practice is led by distinguished senior trial lawyers, two of whom are elected Fellows of the American College of Trial Lawyers. Over the years, Fitch Even has played an instrumental role in shaping the intellectual property legal landscape. Cases handled by our firm have led to several seminal decisions of the Federal Circuit Court of Appeals and its predecessor court relating to the obtainment and enforcement of intellectual property rights. For example, Fitch Even helped break down previous legal barriers to the patenting of software based inventions, helped clarify the factors relevant to the "non-obvious" standard of patent validity, and helped expand patent rights by successfully arguing the equivalency of hardware and software based implementations of an invention.

Each litigation matter is managed by one of the firm's lead trial attorneys. These are some of the most experienced and talented professionals in the field, with proven track records at the trial court and appellate levels. Daily case management responsibilities are also shared by experienced "second chair" litigators, who are supported by bright, aggressive litigation associates. 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.

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 the underlying business objectives, and to assure 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 senior 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.

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.

One of the firm's core competencies is the trial of intellectual property cases to judges and juries. The current attorneys of the firm have tried dozens of such cases to successful outcomes. We 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. Several of the firm's attorneys practiced general commercial civil litigation prior to joining Fitch Even, which enhances the depth and breadth of our trial capabilities.

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 many 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 the appeals handled by the firm arise from our active trial practice, we have also been retained to conduct appeals 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.

Fitch Even also handles patent and trademark claims involving imported goods in proceedings before the United States International Trade Commission (ITC). Such cases are handled in an expedited fashion according to the unique procedures of the ITC. Fitch Even knows the nuances of ITC practice, and has been successful in obtaining and defending against exclusion orders in the ITC on behalf of its clients.

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 compliments its long tradition of making effective intellectual property representation available to small companies and individual entrepreneurs. Our contingent fee practice also demonstrates our ability to properly analyze, effectively develop, and successfully resolve intellectual property lawsuits to a favorable return on the litigation investment.