Intellectual Property and IP Litigation
Our Intellectual Property and IP Litigation group offers depth and experience in patent and trademark prosecution, patent licensing, due diligence associated with IP transfers, and opinion work. The group represents both U.S. and foreign-based clients involved in various industries, and regularly appears before the U.S. Patent and Trademark Office, the Board of Patent Appeals and Interferences, and the Trademark Trial and Appeal Board. The group has also represented clients in appeals at the U.S. Court of Appeals for the Federal Circuit, as well as other federal circuit courts of appeals.
Our Boston based trial lawyers collaborate with the Patent litigators in our Washington D.C. office to promote the effective litigation of complex patent claims in matters pending throughout the country.
Members of the group have handled patent litigation involving a wide range of technologies, including telecommunications equipment and services, computer architecture and software, signal encoding schemes, rf signal propagation, encryption and cryptography, biotechnology, pharmaceuticals and biopharmaceuticals, sporting goods, military hardware, amusement devices, nuclear reactors, power plant safety devices, cooling systems, hybridizing and cloning techniques, semiconductors and semiconductor manufacturing techniques, packet switched and circuit switched data and networks, integrated circuits, processors, consumer health products, and consumer electronics.
Members of the group have also tried to verdict several trademark and counterfeiting cases in various federal courts and governmental agencies. The group handles inter partes trademark cancellation and opposition proceedings at the Trademark Trial and Appeal Board, as well as ex parte appeals for trademark applications. The group has also handled copyright litigation and royalty disputes in various state and federal courts, for such works as sculptures, books, movies, and sound recordings.
Edward Pennington heads the group. Mr. Pennington is currently representing one of 116 defendants in a patent infringement case brought in the U.S. District Court for the District of Maryland. The patent in suit covers international text messaging. He is also currently defending a golf equipment manufacturer in the U.S. District Court for the Eastern District of Pennsylvania against claims of infringement based on patents that cover "soft spikes."
Mr. Pennington recently won a jury verdict of invalidity for a defendant in the U.S. District Court for the Southern District of Florida, where the patents covered terrestrial broadcast of data, phone and television signals at DBS satellite frequencies. Mr. Pennington represented the defendant at the Court of Appeals for the Federal Circuit in upholding the lower court's verdict. Mr. Pennington also recently won a trial at the International Trade Commission (ITC) for the complainant/patent holder in a case that involved the next generation small pox vaccine, now being stockpiled by the U.S. government to defend the population against bio-terrorist attack.




