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Intellectual Property Litigation

Intellectual property litigation is often complex and specialized, requiring a law firm with a deep understanding of the intricacies of IP law. At Griffith Barbee, a major portion of our practice is dedicated to IP litigation.  

Our clients rely on us to aggressively enforce, monetize, and defend their intellectual property assets. We represent companies, entrepreneurs, and artists in a wide range of industries, from technology and medical to fashion and entertainment, and have successfully litigated cases involving patents, trademarks, copyrights, trade secrets, and other forms of IP. 

Our team has experience representing clients in all stages of IP litigation—from pre-suit negotiations to trial and appeal—and in all manner of forums, including federal district courts, the Patent Trial and Appeal Board, the Trademark Trial and Appeal Board, Texas state courts, appellate courts, and ADR forums. 

We try cases. It’s what we love. But while we’re always prepared for trial, our lawyers understand favorable jury verdicts are not the only measure of success. We provide strategic counseling to anticipate and preempt disputes before they materialize, and work with our clients to identify business-focused resolutions to disputes during litigation. This stems from our recognition that IP disputes can have far-reaching consequences for our clients and must be viewed in the context of other business interests. Our lawyers work closely with clients to understand their business and to develop strategies tailored to their goals. 

The lawyers and registered patent attorneys in our intellectual property litigation practice group have a proven track record of success in handling IP cases. They draw on their technical knowledge, industry insight, and many years of experience litigating in venues across the country to get results for our clients in IP disputes. Our team is skilled in both the technical and legal aspects of intellectual property law and well-versed in the latest developments and trends in IP.

Our peers recognize us as leading IP litigators. For example, our lawyers have been named Texas Super Lawyers in IP litigation (top 5% of lawyers in Texas), Texas Rising Stars in IP litigation (top 2.5% of lawyers in Texas), Best Lawyers in Dallas for IP litigation by D Magazine, Best Lawyers Under 40 for IP litigation by D Magazine, and Best Lawyers in America for IP litigation. U.S. News & World Report also ranks Griffith Barbee as one of the top IP litigation firms in the DFW area. 

As a boutique firm, clients benefit from our targeted focus, lean and experienced team, and highly personalized service. We concentrate solely on IP litigation, commercial litigation, and IP prosecution and counseling, making our lawyers well versed in these areas. We staff cases with tight-knit teams of highly experienced lawyers, reducing waste and inefficiencies. And all clients—big or small—receive an individualized experience from a team that is personally invested in their success.

Contact us to learn more about our intellectual property practice and to schedule a meeting with one of our IP lawyers.

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IP Litigation Services

We primarily represent plaintiffs in patent infringement suits in key patent jurisdictions, like the Western District of Texas and Eastern District of Texas. With office in Dallas, and trial lawyers with technical degrees and patent prosecution experience, we are prepared to handle significant patent litigation.

We’ve tried several bet-the-business trademark infringement suits and regularly represent plaintiffs and defendants in significant trademark litigation across the country. Our lawyers are experienced in navigating critical preliminary injunction issues often encountered at the outset of trademark litigation. We also help businesses build powerful brands through policing and enforcement strategies.

We represent artists, entertainers, fashion brands, and others in copyright infringement litigation in federal courts and at the Copyright Claims Board. Our lawyers also have experience enforcing copyrights through Digital Millennium Copyright Act takedown notices to third-party internet service providers and websites.

In today’s highly mobile and data-driven marketplace, trade secret protection is critical to businesses’ competitive position. Our lawyers have extensive experience prosecuting and defending claims under Texas common law, the Texas Uniform Trade Secrets Act, and the federal Defend Trade Secrets Act. When theft occurs, or is suspected, time is of the essence. Our trade secrets team can quickly obtain evidence, recover stolen data, and secure emergency court orders to help clients navigate these issues.

Trade dress is the overall image of a product used to present it to its purchasers, and can include things like a product’s size, shape, color, graphics, packaging, or label. Our deep knowledge of IP law provides us an advantage in trade dress litigation, which often overlaps with other area of intellectual property.

We handle all forms of internet-related disputes. We’ve litigated internet sector and internet technology-related claims involving cybersquatting, domain ownership under the Uniform Dispute Resolution Policy, the Digital Millennium Copyright Act, the Computer Fraud and Abuse Act, and the Stored Communications Act. 

False or misleading statements in advertising and product labeling can cause massive harm to a business. Our lawyers have litigated and won competitor false advertising cases and have extensive experience with false advertising under the Lanham Act. 

The right to control commercial use of one’s identity (living or deceased) is incredibly important in modern society. Our lawyers have significant experience protecting reputations and personas in cases involving Texas’ statutory right of publicity and common law misappropriation of name and likeness. 

Our trademark lawyers have successfully litigated many opposition proceedings (challenge to a trademark application proceeding to registration) and cancellation proceedings (challenge to a trademark registration’s validity). Our trial and trademark savvy gives us a unique advantage in these trial-like proceedings before the Trademark Trial and Appeal Board, a tribunal within the U.S. Patent and Trademark Office.

Our registered patent attorneys have prevailed in numerous post-grant proceedings before the Patent Trial and Appeal Board, a tribunal within the U.S. Patent and Trademark Office. We represent both petitioners and patent owners and handle all manner of post-grant proceedings available at the USPTO, including inter partes review, covered business method, post-grant review, ex parte reexamination, supplemental examination, and derivation proceedings. 

Representative Experience

Our lawyers’ representative intellectual property litigation experience includes:

  • Representing wireless voice and data communications service provider in bet-the-company patent infringement case against multinational competitor.

  • Obtaining favorable settlement for Swedish multinational telecommunications company in high-profile patent infringement lawsuit against American multinational semiconductor, software, and wireless technology company. 

  • Obtaining favorable settlement on the eve of trial for inventors in patent infringement suit against international video-game console manufacturer. 

  • Obtaining invalidity verdict for airline in patent infringement suit involving point conversion technology. 

  • Negotiating settlement for wireless technology innovator in patent dispute with numerous major hardware manufacturers. 

  • Obtaining favorable settlement for comic-book creators in copyright infringement lawsuit against movie studio that incorporated a similar character into a major motion picture. 

  • Obtaining favorable settlements for developer of check-imaging systems in patent infringement disputes against major financial institutions. 

  • Representing technology company in multiple lawsuits asserting lithography patents against major semiconductor manufacturers.

  • Obtaining judgment and permanent injunction for world’s largest fastener supplier and builder material distributor in trademark dispute with competitor. 

  • Representing patent holder through jury trial in a patent infringement lawsuit against multinational tech company involving digital photo frame technology.

  • Representing technology company asserting online security patent against financial institutions. 

  • Representing multinational tech company in defense of patent infringement claims by non-practicing entity, reaching favorable settlement. 

  • Obtaining favorable settlements for national fashion brand in trade dress infringement lawsuits against national clothing boutique chain and world’s largest multinational retail corporation.

  • Representing national sporting goods chain in TTAB opposition against world’s oldest major professional sports league. 

  • Convincing PTAB to deny DOJ’s request for inter partes review of five of six patents related to video security monitoring systems asserted in $1 billion patent infringement suits against FBI and NSA. 

  • Favorably settling patent infringement suit for patent holder against satellite radio broadcasting company on eve of trial.

  • Obtaining favorable settlement for international music and entertainment company moments before closing arguments in fraud, trademark, copyright, and trade secret dispute against competitor.

  • Securing TRO, injunction, and quick settlement for restaurant group in trademark infringement suit against competitor. 

  • Representing fine art photography company in copyright infringement litigation against publisher. 

  • Secured favorable pre-answer resolution for multinational convenience store chain in defense of patent infringement suit by large sunglasses company. 

  • Representing commercial electrical construction and engineering company in trade secret dispute against competitor resulting in favorable settlement. 

  • Representing international entertainment company through trial in trademark suit against competitor related to use of marks as search engine keywords.  

  • Representing medical center in false advertising litigation against competitor hospital system involving patented medical procedure, reaching favorable settlement. 

  • Securing favorable settlement for large online clothing retailer in trade dress, copyright, and unfair competition suit against competitor involving clothing “tips” for consumers. 

  • Representing magazine publisher in trademark, unfair competition, and cybersquatting dispute with competitor, reaching favorable settlement. 

  • Representing gelato chain in TTAB dispute with competitor over rights to company name, reaching favorable settlement. 

  • Representing barge line in trade dress infringement dispute with competitor barge line, securing favorable resolution. 

  • Obtaining early dismissal of lawsuit brought by citizen against large municipality alleging municipality infringed various intellectual property rights. 

  • Representing chief medical officer in copyright dispute with former employer regarding software used to diagnose mental health disorder.

  • Obtaining permanent injunction and favorable settlement for custom auto and restoration company against competitor in trademark infringement lawsuit.

  • Representing patent owner in patent infringement suit against major financial institutions involving financial services related patent. 

  • Securing favorable settlement for online dating company in patent infringement suit by non-practicing entity.  

  • Representing medical device manufacturer in patent infringement litigation against competitor involving nasal cannula. 

  • Securing favorable settlement on eve of trial for global nutritional supplement company in defense of competitor false advertising claims. 

  • Securing favorable settlement for global nutritional supplement company in defense of patent infringement claims by non-practicing entity. 

  • Obtaining favorable settlement for disaster restoration company in defense of patent infringement suit by non-practicing entity. 

  • Representing entertainment company through jury trial in trademark infringement lawsuit against competitor. 

  • Obtaining favorable settlement for regional restaurant chain in trade dress infringement suit against startup founded by former employee. 

  • Representing oil field construction company in trade secret litigation against large natural resources company and former employees. 

  • Representing air purifier manufacturer in patent infringement, trade secret, and false advertising suit against competitors. 

  • Obtaining favorable settlement for IT managed services company in patent infringement suit. 

  • Representing graduate student in inventorship dispute with public university and off-campus technology development company. 

  • Representing former plastic surgeon employees in trade secret litigation brought by former employer. 

  • Representing software developer in trade secret misappropriation suit against competitor. 

  • Representing international nutritional supplement company in TTAB cancellation, resulting in cancellation of competitor’s mark. 

  • Representing video game developer in defense of patent infringement suit by non-practicing entity involving technology designed to deter software piracy.

  • Representing national distributor in defense of patent infringement suit involving design patent on collapsible funnel, resulting in favorable settlement. 

  • Representing patent owner in patent infringement suit against telecommunications device manufacturer, resulting in settlement on eve of trial. 

  • Representing consumer and fitness wearable device manufacturer in defense of patent infringement claims by non-practicing entity.

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Litigation Pricing

Aside from traditional hourly fee arrangements, we offer several types of alternative fee arrangements for select cases.

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