Intellectual Property

Wheeler Trigg O'Donnell lawyers have tried patent infringement, copyright, trademark, trade secret, and unfair competition matters in state and federal trial and appellate courts nationwide. They have also provided general copyright and trademark counseling to help companies avoid litigation. 

Following is a representative sampling of our work in the intellectual property area:

  • WTO lawyers have handled patent infringement litigation in cases involving products such as video-synchronizing software, voicemail and voice compression technology, antivirus software, data storage technology, data flow algorithms, internet purchase software, blood testing methodologies, blood gas measuring devices, batteries, cochlear implants, polymers, automotive equipment, ski boots, medical syringes, vitamins, and pharmaceuticals.
  • WTO lawyers have handled copyright cases in industries as diverse as banking, manufacturing, distribution, and entertainment and for products such as software, toys, and greeting cards.
  • In partnership with the Stanford Law School Center for Internet and Society, the firm challenged the constitutionality of two amendments to the federal Copyright Act that affected the status of thousands of artistic works that would otherwise fall within the public domain. In this pro bono case, our clients challenged the constitutionality of the Sonny Bono Copyright Term Extension Act, which increases copyright protection by 20 years, and Section 514 of the Uruguay Round Agreements Act, which extends copyright protection to many foreign works.
  • WTO lawyers have defended numerous trademarks cases, including one for a national franchisor of cleaning products facing claims related to trademark infringement, unfair competition, and trade secrets. WTO led the franchisor to a successful settlement that preserved its marks and rights to operate throughout the U.S.
  • WTO handled the appeal of a trademark infringement case in which the trial court had found willful infringement and awarded attorneys' fees. The appellate court affirmed the decision of the trial court.
  • WTO lawyers have handled both the defense and the plaintiffs' side of numerous trade secrets matters for companies in industries such as packaging, emission control, manufacturing, financing, home furnishings, telecommunications, and medical devices.
  • We successfully defended a leading global developer of implantable, high-technology neurostimulation devices used in the treatment of deafness and chronic pain, in a preliminary injunction hearing when its main competitor claimed that our client had stolen trade secrets and improperly hired the competitor's former employees. Following denial of the competitor's motion for preliminary injunction filed in a Colorado district court, we defeated seven separate appeals to the Colorado Court of Appeals and the Colorado Supreme Court.
  • We successfully represented a major telecommunications company in numerous temporary restraining order and preliminary injuction proceedings involving interruption of service and other business and trade secret claims. Two cases that settled favorably for our client involved the protection of trade secrets related to the hiring of top level executives who were formerly with our client's largest competitor.

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