Intellectual Property Litigation

Our Intellectual Property Litigation group provides clients with trial-ready teams experienced in all areas of IP law.

Outstanding Results

Hopkins & Carley’s Intellectual Property Litigation Practice has achieved outstanding results in trials throughout the United States.  This success emanates from the marriage of our Silicon Valley roots representing early tech companies like Atari, deep technical bench, and strong trial litigation practice.  Our attorneys have technical backgrounds ranging from computer science, electrical and mechanical engineering to avionics.  We handle litigation and trials for:    

  • Patents
  • Trade secrets
  • Trademarks
  • Copyrights
  • License disputes
  • Tech-centric commercial litigation

Industry Knowledge

The firm’s IP clients range from public to emerging companies spanning a broad range of industries, including:

  • Automotive technology
  • Avionics
  • Wireless telecom
  • Integrated circuits and computer hardware
  • Data security
  • eCommerce
  • Electronics
  • Mining equipment
  • Semiconductors
  • Software 

Effective and Efficient Representation

Our IP litigators are able to quickly analyze and synthesize key technological aspects of each case in order to achieve early and successful resolutions. Our trial experience helps us identify the key pressure points and we work to develop case strategies accordingly.  Because we know what is important at the end of the day, we help our clients gain the leverage they need to resolve cases on their terms. And, we do it efficiently because we do not spend time and money on the margins of a case. 

Using a well-trained and trial-tested team of attorneys who have sophisticated eDiscovery and Legal Project Management skills, the firm has the experience to take those key concepts and make them accessible to the Court and the jury in a clear, understandable and persuasive manner. 

The firm represents both plaintiffs and defendants.  We take a multifaceted approach to cases, recognizing that IP litigation today goes beyond lawsuits in federal court and extends to proceedings before the International Trade Commission, re-exams, interferences and reviews at the Patent Office, and post-grant proceedings before the Patent Trials & Appeals Board.  The firm crafts a case strategy that considers the important nuances between the various venues and is designed to get the best results for its clients.

  • Represented a leading semiconductor maker in a cutting-edge trade secrets action. 
  • Obtained a writ of mandamus from the Federal Circuit overturning the Eastern District of Texas’ denial of a motion to stay or transfer a patent infringement action to the Northern District of California.
  • Represented a leading flash memory maker in various patent infringement suits before the ITC and in federal district courts.
  • Represented brand-name electronics and computer manufacturers in a patent infringement suit involving microprocessor and clocking system design.
  • Obtained terminating sanctions on behalf of a leading circuit design and EDA software company in a trade secret misappropriation action.
  • Represented a Silicon Valley-based company in a patent infringement action relating to network load balancing technology.
  • Represented an international manufacturer of office products in a software copyright infringement action.
  • Obtained an early dismissal of a design patent infringement action filed against a manufacturer of light emitting diodes used in consumer electronics.
  • Represented maker of graphics processing cards in a trademark infringement and unfair competition lawsuit.
  • Represented client in a trade secret misappropriation and unfair competition action relating to electron beam wafer inspection technology.
  • Represented a leader in Voice over Internet Protocol (VoIP) technology in a software copyright infringement and trade secret misappropriation action.

Patent Claim Construction Subject to Hybrid Review Standard

Answering the long debated question of what deference the Court of Appeals for the Federal Circuit should give in reviewing district court claim construction rulings, the Supreme Court recently answer... Read more »

U.S. Supreme Court Decision in Apple v. Samsung Helps Clarify Damages Recoverable for Infringement of Design Patents

Supreme Court clarifies the scope of damages recoverable for infringement of a design patent by a product made up of multiple components. Read more »

New Patent Litigation Risk to Middle Market Companies

It appears that 2016 saw a surprising and dramatic drop in patent litigation filings. As reported by Richard Lloyd of IAM Magazine, recent studies released by the intellectual property firms Unified P... Read more »

Waiting for the Other Shoe to Drop - Lessons from Zappos' Data Breach

Businesses must have processes in place to safeguard customer data or may be liable to customers in the event of a data breach. This is true even if customers experience no identify theft because of t... Read more »

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