Intellectual Property Litigation
Strategic. Skilled. Tenacious. Benesch IP Litigation lawyers repeatedly prevail at trial and on appeal in federal and state courts across the nation. Our team regularly and favorably resolves IP-related matters in federal and state courts, at the USPTO and the ITC, and through arbitration, mediation and negotiated settlements.
Overview
We recently achieved a full defense verdict in a multimillion-dollar patent infringement jury trial without even presenting evidence on noninfringement.
Our Approach
Our lawyers take a holistic, comprehensive approach in each case. Working closely with our clients, we evaluate the facts and assess the risks and potential for success. We gain a clear understanding of our clients’ business goals and technology. We identify themes, determine the weaknesses in the opposing party’s position and then define and implement a strategy with tactical maneuvering through litigation to minimize our client’s exposure, avoid costly trials, whenever possible, and resolve matters swiftly, favorably and cost-effectively.
At the same time, we are skilled litigators and credible, persuasive and effective client advocates who are well-prepared to take cases to trial and handle any necessary appeals. This fact comes across in the quality of our work product, our creativity and the results we’ve achieved for our clients.
An Experienced Litigation Team
Benesch IP litigators handle intellectual property cases in the U.S., coordinate and oversee the protection and defense of our clients’ innovations worldwide and achieve global resolution of claims. The firm’s IP litigation lawyers excel in winning or defeating injunction requests, summary judgment motions and early case dismissals, trials, appeals and post-grant proceedings at the USPTO, including inter partes reviews (IPRs), post-grant reviews (PGRs) and reexaminations. Our experience spans industries and technologies from pharmaceuticals and medical devices to automotive parts, semiconductors, chemical compositions and power tools.
Efficient, Incisive and Results-Driven
We pride ourselves on offering cost-effective, incisive legal counsel and the highest level of client service. Our team members come from or have prevailed against the largest Am Law firms. Our team consists of registered patent attorneys, patent agents, former USPTO examiners, scientists, researchers and individuals with chemistry, biochemistry and mechanical and electrical engineering backgrounds, as well as a former in-house IP counsel for two global multinational corporations. We combine diverse perspectives, industry insight, business, legal and technology acumen, creativity and know-how—creating a strong and effective team skilled in asserting and defending our clients’ positions and finding a path to favorable resolution in even the most complex and contentious IP matters.
Handling All Types of IP-Related Disputes
We have successfully resolved all types of IP-related disputes including:
- Patent infringement matters for both plaintiffs and defendants
- Trade secret cases for both plaintiffs and defendants
- Trademark litigation including trade dress and Lanham Act claims
- Copyright enforcement and infringement defense
- Interferences, oppositions and cancellation proceedings at the USPTO
- IP licensing and other contract-related disputes
- Section 337 investigations before the ITC
- ICANN proceedings
- Hatch-Waxman/ANDA litigation
- Unfair competition, deceptive trade practices and cases involving other antitrust-related matters
- False advertising and right of publicity claims
- Cybersquatting and UDRP disputes
- Matters before the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB)
We are also experienced in handling cases involving the internet, e-commerce issues and transaction-related disputes, including ones involving computer-related contracts, franchising agreements, outsourcing agreements, distributorship arrangements and technology-related agreements.
Related Practices
Related Industries
High performance in practice
Recognized by Chambers® USA 2025
Ranked Tier 2 Nationally
2026 Best Lawyers® “Best Law Firms”
Experience
Represented Gamon as Plaintiff in a jury trial against Campbell’s Company. After a week-long trial the jury returned a finding of infringement, no invalidity and awarded Gamon $17,000,000 even without the benefit of a damages expert.
Lead counsel for a portfolio manager for multiple auto dealerships in a confidential breach of contract and misappropriation arbitration against the dealership conglomerate. After two three-day sessions and post-arbitration briefing, obtained a positive result for the client.
Lead counsel for ComEd, an Exelon company, against claims of breach of contract stemming from a series of disputes following termination of a significant construction relationship. After a week-long trial, the Court found for ComEd on virtually all issues.
Lead counsel for Cooper Lighting in a week-long trial in the Northern District of Illinois relating to breach of contract and patent infringement. The parties presented over a dozen witnesses over the span of a single week ranging from technical issues to damages.
Defended Abbott Laboratories against claims of patent infringement involving coronary catheters in the District of Minnesota. Secured full dismissal through summary judgment, including findings of sanctions against Plaintiff’s counsel.
Defendant Teradata, a leading analytics company, against claims of patent infringement by Berkeley*IEOR in the Northern District of Illinois. After years of litigation, obtained a summary judgment determination of no infringement.
Lead counsel for Feit Electric, a global leader in first-to-market lighting innovations, in a jury trial in the Central District of California. Defended the client against claims of patent infringement by a Japanese conglomerate resulting in a jury verdict of no infringement.
Represented Rokid, Inc. as lead counsel in Fu v. Rokid, Inc. (N.D. Cal.). Successfully defended a technology company in an employment dispute alleging discrimination and retaliation, while addressing complex export-control considerations in a cross-border context. The representation also involved protecting the company’s trade secrets and obtaining evidentiary sanctions against the plaintiff for discovery misconduct, including spoliation of evidence. The case resolved on highly favorable terms for the defendant.
Represented SHEIN in multiple copyright, trademark, design and privacy matters, and successfully guided disputes toward early and favorable resolutions.
Represented ASUSTek Computer in a federal bench trial involving semiconductor design in the Eastern District of Texas, delivering the opening statement and conducting the direct examination of the client’s technical expert.
Represented Surron in a design patent infringement case involving its electric off-road motorcycle, securing a complete trial victory after a one-week jury trial. Directed and cross-examined design expert witnesses for both parties at trial. The jury found that the defendants infringed the design and acted willfully in launching competing products.
Representing a clinical stage pharmaceutical company in foreign arbitration asserting claims against a Chinese partner for breach of a contract’s milestone payment provisions associated with the clinical development of a treatment for acute myeloid leukemia.
Representing a global generic pharmaceutical manufacturer in Hatch-Waxman patent litigation relating to the client’s filing of an Abbreviated New Drug Application for authorization to market a generic version of NUBEQA® (darolutamide). We have already obtained for the client dismissal with prejudice of four Orange-Book listed patents.
Obtained summary judgment of non-infringement for client Teradata and its customers relating to allegations that its relational database management software (RDBMS) product infringed multiple patents held by a former consultant/partner, as well as a ruling that the case was exceptional and a grant of attorneys’ fees. The case is currently on appeal.
Defended Abbott Laboratories against claims of patent infringement involving coronary catheters. Secured full dismissal through summary judgment, including findings of sanctions against Plaintiff’s counsel.
Defended Cooper Lighting Solutions, a Signify company, against claims of patent infringement and breach of contract in a week-long trial in the Northern District of Illinois.
Brought Hatch-Waxman claims against four generic drug makers on behalf of the manufacturer of a blockbuster multiple sclerosis drug.*
Defended a major telecommunications provider in a patent infringement case brought by a European licensing enterprise asserting infringement of a portfolio of standards-essential Wi-Fi and LTE networking patents.*
Defended two major telecommunications providers in patent infringement cases brought by a non-practicing entity that allegedly held a patent on “Wi-Fi Calling” technology.*
Defended refined coal manufacturers in three successive patent infringement cases brought by industry competitors asserting infringement of various patents on abating mercury emissions.*
Successfully represented Entity Production, Inc. in several copyright litigations concerning musical compositions and sound recordings.
Represented major health care provider in authorship dispute over software.
Represented clients in patent litigation regarding a variety of technologies including medical devices, consumer products, industrial consumables, automotive systems, diesel engines, and power converters.
Prosecuted several copyright infringement actions against several online ringtone companies for infringement of musical compositions.
Fitness Quest, Inc. et al. v. Universal Music Publishing Group, successfully represented Fitness Quest in copyright infringement litigation over music-related content.
Represented client as defendant in trademark infringement litigation before the court and as opposer in Opposition proceeding before the Trademark Trial and Appeal Board. Court dismissed opponent’s case with prejudice and the Board refused registration of opponent’s trademark
Glanton v. Sony Records, successfully represented Sony in copyright infringement action related to plaintiff’s copyright infringement allegation (dismissed after case was fully briefed).
Represented Internet music streaming company consummate a private offering memorandum raising $8.5 Million.
Successfully represented music publisher versus multinational company who used song in a film and DVD without permission.
Represented American Greetings Corporation in AAA dispute over creative content.
Successfully represented Dealer Tire in trademark litigation.
Successfully represented BEMA Music, music publisher of “Play That Funky Music,” in copyright infringement litigation versus major consumer products company.
Represented Homax Group in false advertising litigation in Northern District of Ohio.
Represented leading University art historian in dispute over authenticity of Jackson Pollock works.
Quarterbacked music content licensing program for OverDrive, Inc. and its public library customers.
Represented a legendary rock artist in copyright infringement litigation and negotiated favorable settlement after summary judgment rulings.
Successfully represented Terry’s Tire Town in trademark litigation before the TTAB.
Represented Arizona arts dealer in copyright infringement litigation.
Represented major hair clinic in intellectual property litigation.
Represented OverDrive, Inc. in various litigations.
Represented Homax Group in trade dress litigation concerning various consumer products.
Represented Mavea, a division of Brita GmbH, in Northern District of California trademark infringement litigation, and other ancillary matters.
Represented House of Spices in numerous trademark litigations (obtaining injunctions, consent judgments, and damages).
Represented Lynyrd Skynyrd in copyright infringement dispute in the Northern District of Ohio.
Represented Ideastream (public television and public radio) in American Archives Pilot Project.
Represented defendant in patent infringement litigation concerning lawn tool; successfully transferred action to local district court; court held for client after Markman hearing.
Represented plaintiff in unfair competition and trademark infringement litigation; U.S. District Court granted summary judgment in favor of plaintiff.
Represented a consumer products manufacturer asserting a patent in litigation that resulted in favorable summary judgment on the validity of the patent-in-suit.
Defended ComEd, an Exelon company, against claims of breach of contract stemming from a series of disputes following termination of a significant construction relationship. After a week-long trial, the Court found for ComEd on virtually all issues. The matter is now being appealed by the plaintiff.
Represented IMA S.p.A. and Fillshape S.r.l in a trade secret misappropriation and patent infringement case relating to food pouch manufacturing. Obtained dismissal of the claims and a stipulated to transfer of the case to an alternative forum, after which the case was resolved by favorable settlement.*
Represented a manufacturer and provider of household appliance products in false advertising litigations with a global product design and technology company related carpet cleaning superiority advertising claims and suction performance claims.*
Represented Sandoz Inc. in a patent litigation regarding a biosimilar version of Amgen’s drug Neulasta®. The litigation was successfully terminated when Sandoz obtained an order dismissing Amgen’s related declaratory judgment.*
Assisted with appeals of two highly publicized motions for summary judgment that invalidated a pharmaceutical company’s patent related to the infliximab antibody. The district court litigation ended with a second win in the form of a judgment of non-infringement related to the second patent asserted in the case.*
Represented Hospira, Inc., a subsidiary of Pfizer, Inc., Celltrion, Inc. and Celltrion Healthcare Co., Ltd. adverse to Janssen Biotech, Inc. in litigation in federal court related to a biosimilar version of Janssen’s multi-billion dollar drug Remicade®. The case involved the first biosimilar monoclonal antibody to be approved by the FDA, and is one of the earliest cases filed under the Biologics Price Competition and Innovation Act (BPCIA).*
Represented Feit Electric, a global leader in first-to-market lighting innovations, against claims of patent infringement by a Japanese conglomerate. After years of contentious discovery, the matter proceeded to a nearly two-week jury trial. Ultimately obtained a full defense verdict in favor of Feit Electric.
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