Intellectual Property Litigation

Our Approach

Patent Litigation

Whether your patent has been infringed on, or you are accused of infringing another’s patent, we have decades of experience developing a winning approach. Our patent litigation team combines attorneys who are trained in engineering and the sciences with skilled litigators, and truly understand how to evaluate the asserted patent, the accused product or process, and the prior art, and develop a successful, persuasive strategy. Our clients have prevailed in jury trials in courts around the nation, as well as before the United States Patent Office, covering technologies such as computer hardware and software, communication networks, pharmaceuticals, nutritional supplements, medical devices, surgical equipment, chemical processes, business methods, construction safety devices, and snowmobile equipment.

ANDA Litigation/Hatch-Waxman Litigation

As a subset of our patent litigation practice, our attorneys have a special focus on representing generic pharmaceutical companies in Hatch-Waxman ANDA litigation. We understand the pressures involved in the development, regulation, production, and marketing of generic drugs, as well as the burden of time and cost for generic pharmaceutical companies. Our attorneys combine that familiarity with knowledge of the chemistry, and true trial advocacy, to help you work through litigation to bring your products to the marketplace.

Trademark Litigation

Your business’ trademarks are the currency you trade on in the marketplace. When that is put in jeopardy, our team develops strategies that combine trademark registration and litigation activities with your business objectives, so that trademark litigation, if necessary, effectively protects your intellectual property while also serving your business needs. We have brought and defended against numerous lawsuits involving allegations of trademark infringement, including claims under the Lanham Act and related state statutes, such as the Minnesota Deceptive Trade Practices Act. Our attorneys also practice before the Trademark Trial & Appeal Board and have extensive litigation experience in TTAB proceedings.

Copyright Litigation

Whether it be a novel, musical composition, sculptural work, architectural design or examination questions, we have represented plaintiffs and defendants in many copyright infringement cases around the country. No matter the medium, we can help you develop strategies to protect and leverage your copyright protected works.

Trade Secret, Unfair Competition & Non-Compete Litigation

At Winthrop, we prosecute and defend claims of trade secret misappropriation, unfair competition, and breach of non-compete or confidentiality agreements. We have frequently either obtained an injunction or successfully resisted the issuance of an injunction in these cases. Our attorneys have litigated these issues in the insurance, banking, securities, health care and financial services industries, and in the context of technologies including computer software, disk drives, medical devices, examination content, and paper products.