Winthrop & Weinstine, P.A.'s Intellectual Property Litigation attorneys have prosecuted and defended patent infringement claims, have litigated the copyright and trademark rights of the firm's clients, and have become increasingly involved in intellectual property lawsuits involving the Internet, cybersquatting, domain name rights and other litigation involving the use and misuse of the Internet.
Patent litigation:
Our firm has an active patent litigation practice. We collaborate with patent counsel and experts from various technical fields in patent litigation in order to develop a coherent litigation strategy, which is both technically precise and persuasive to the judge or jury. Our attorneys have litigated cases involving patents across a wide spectrum of technologies, from relatively simple mechanical devices to chemical processes and computer hardware and software. As a result, we have considerable experience and expertise in assessing the scope of patent claims, the viability of potential claims of infringement and the significance of prior art. This experience has also given us an ability to present our clients' cases in a persuasive and understandable fashion. We have successfully combined trial skills with an understanding of the technical demands of patent and other intellectual property issues. Our intellectual property attorneys have litigated numerous patent claims, including medical devices, surgical equipment, construction safety devices, snowmobile equipment and animal husbandry devices, among others.
Trademark & Copyright Litigation:
Trademark and copyright litigation is a mainstay of Winthrop & Weinstine’s Intellectual Property Litigation practice. In the field of copyright, the firm has been involved in numerous lawsuits around the country to protect the copyright interests of various clients, with particular emphasis in the music, numismatic, architectural design and publishing industries. Our team of attorneys have also been active in developing new theories of copyright law to protect the rights of diverse clients, such as home-builders and construction companies whose building plans are protected by copyright law.
Winthrop & Weinstine also has a very active practice in the field of trademark litigation. The firm’s attorneys have both brought and defended against numerous lawsuits involving allegations of trademark infringement. Our attorneys have developed a comprehensive body of experience and expertise concerning the Lanham Act and the Minnesota Deceptive Trade Practices Act, which can be quickly brought to bear in either prosecuting or defending against trademark infringement claims. The firm’s attorneys assist clients in developing trademark strategies which involve coordinating trademark registration and litigation activities with the client’s business objectives so that trademark litigation, if necessary, effectively protects the client’s intellectual property while serving its business needs. Winthrop & Weinstine attorneys also practice before the Trademark Trial & Appeal Board and have actual litigation experience in TTAB proceedings.
Trade Secrets & Unfair Competition:
Our Intellectual Property Litigation group also prosecutes and defends claims of trade secret misappropriation and unfair competition in a variety of contexts. On behalf of our clients, we have frequently either obtained an injunction or resisted the issuance of an injunction to prevent the alleged disclosure of confidential information to a competitor.
Non-Compete Agreements:
Our attorneys have substantial experience in litigating the rights of employers and employees under non-compete agreements and the enforceability of such agreements in various contexts. We have successfully obtained injunctions to prevent former employees from contacting or doing business with former customers in violation of non-compete agreements, have successfully enforced confidentiality agreements, and have also defeated attempts to obtain injunctions that would restrain clients from hiring employees or engaging in certain competitive activities.
Issues pertaining to trade secret misappropriation and the enforcement of non-compete and confidentiality agreements have been successfully litigated by the practice in many industries, including insurance, banking, financial services, computer software design, medical device design and manufacturing, health care, manufacturing processes, paper products, securities brokerage and other industries.