Intellectual Property Litigation
Meet the Team >Practice Overview
Greenberg Traurig's Intellectual Property Litigation attorneys provide clients with IP enforcement, protection, and strategic counseling on a global scale. We successfully handle patent infringement, trademark, trade dress, trade secret, right of publicity, database/screen scraping, domain name, copyright and Digital Millennium Copyright Act (DMCA) litigation, as well as computer software, cloud, mobile and Internet-related disputes and defend data privacy, security breach, and Telephone Consumer Protection Act (TCPA) class action suits. Our attorneys regularly appear in federal and state courts, appellate courts, before international arbitration panels, and in the International Trade Commission. By leveraging our firm’s global reach and multidisciplinary experience, we develop unique strategies and litigation techniques for clients – ranging from strategic settlement to mediation to trying the case – to best fit their business needs. The depth of our team’s worldwide reach, technical insight, and industry know-how, coupled with a creative and strategic vision, provides our clients with a unique and holistic approach to their most complex IP needs.
Patent Litigation
Comprising more than 80 patent litigators and attorneys, our Patent Litigation team is skilled in prosecuting and defending patent litigation matters in U.S. federal district courts and before the Court of Appeals for the Federal Circuit. We emphasize the early formulation of case strategy and hands-on leadership, from pre-suit considerations through discovery, motion practice, and trial. Our unique and creative approach couples well with our deep industry knowledge, as our team includes attorneys with science and engineering degrees in nearly every field, including electrical, mechanical and civil engineering; biology; chemistry; biomedical and computer engineering; genetics; molecular biology; nuclear engineering; pharmaceutical sciences; and physics. Our Patent Litigation teams are strategically placed in each of the major patent jurisdictions, including the Eastern District of Texas; Delaware; the Central and Northern Districts of California; New Jersey; and Illinois. Due to our vast global network, technical backgrounds, and wide-ranging industry knowledge, our Patent Litigation attorneys provide clients – from small private companies to some of the world’s leading corporations – with versatility and ingenuity to meet their patent needs.
Trademark Litigation
Our Trademark litigators represent both plaintiffs and defendants in trademark, trade dress, domain name, false advertising, unfair competition and related Lanham Act and state law claims. We handle all phases of litigation, including applications for emergency injunctive relief, declaratory judgment proceedings, and trials and appeals, in federal and state courts throughout the United States and in judicial tribunals around the world. Our Trademark Litigation attorneys implement global brand protection programs, with particular prowess in complex litigation involving trademark licensing issues, parallel trade, trademark infringement, trademark counterfeiting, trade dress infringement, trademark dilution, false advertising, fair use, the innocent publisher’s defense, and related claims including the Communications Decency Act (CDA) preemption and copyright and right of publicity disputes. GT lawyers have particular experience in internet, mobile, social media, software, and entertainment industry disputes. We also regularly practice before the Trademark Trial and Appeal Board (TTAB) and our team includes former USPTO Examining Attorneys. The deftness of our established global network allows our team to practice in difficult jurisdictions throughout Asia, the Americas, and Europe while providing a holistic approach to clients’ trademark needs.
Copyright Litigation
Our Copyright Litigation attorneys represent clients in a wide array of complex copyright matters. We have been involved in some of the most sophisticated cutting-edge cases in the courts today, including matters related to software copyrightability, database protection and screen scraping, secondary liability, DMCA compliance, fair use, and pre-1972 sound recordings under state law, among other things. We have substantial experience defending platforms in secondary liability, DMCA, and fair use cases. We also have experience in entertainment-related copyright disputes.
Trade Secret Litigation
Our Trade Secret Litigation lawyers represent both plaintiffs and defendants in federal and state trade secret litigation. We have deep experience in technology, customer list, new business model, and employee trade secret cases. We bring and defend against applications for temporary restraining orders or preliminary injunction orders and ex parte seizures. We employ strategic approaches to trade secret discovery. We also have deep experience in enforcing restrictive covenants and exposure under the inevitable disclosure doctrine, in those jurisdictions where this form of relief is available, and in the interplay between trade secret laws and the Communications Decency Act, 47 USC 230(c). We also counsel clients on how best to protect trade secrets.
Right of Publicity Litigation
We represent both plaintiffs and defendants in right of publicity litigation in state and federal courts. We are adept at understanding the different liability regimes under state common law and statutory remedies throughout the United States. We regularly represent athletes, actors, celebrities, and internet and mobile companies in complex right of publicity cases. We also counsel on fair and incidental use, damages, choice of law issues and CDA preemption, among other things.
Database Protection and Screen Scraping
Our attorneys represent both plaintiffs and defendants in complex database and screen scraping litigation in both federal and state courts. We understand the panoply of potential claims and defenses available under multiple theories of law and have substantial experience representing parties in disputes involving online databases, website content, multi-player videogames, and fair use/First Amendment issues.
Data Privacy, Security Breach, and TCPA Class Action Litigation
Our attorneys represent defendants in the defense of data privacy, security breach, and TCPA class action litigation in federal and state courts. We have been involved in many important and well-known data privacy and security breach cases. Our lawyers also have created new law in TCPA texting, CAN-SPAM Act, privacy, and security breach cases.