PRACTICE AREAS

The Technology Litigation Section includes over 25 attorneys experienced in representing clients involved in or attempting to avoid disputes involving technology and intellectual property.  In technology disputes, it is not enough to merely know the law, it is also necessary to understand the technology and its application.  Attorneys in our Technology Section have experience in and are prepared to provide services in the following types of disputes:

• Disputes alleging defects in computer hardware/software or involving the sale, licensing and protection of related information and technology
• Disputes involving damages arising out of non-compliant software, hardware and products, insurance coverage disputes, business interruption losses and resultant shareholder and securities litigation
• Disputes involving claims arising from implementation and integration of new software and hardware solutions
• Disputes involving electronic commerce, including the sale of goods and services from commerce-enabled web sites, domain name registration and piracy disputes, defamation, the enforceability of on-line terms and conditions, click-wrap agreements and disputes involving conducting business on the Internet
• Disputes involving the protection of confidential and proprietary information and trade secrets, including the enforcement of confidentiality agreements and non-competition agreements
• Disputes involving contractual, negligence and tort claims relating to providing consulting services in connection with the development, implementation and application of technology
• Copyright litigation
• Trademark litigation
• Patent litigation
• Licensing agreement litigation

The protection and enforcement of intellectual property rights is an area of growing importance for corporations, nonprofit institutions and individuals.  With an exceptionally solid core of technical experience, the members of the Technology Litigation Section are uniquely qualified to respond to the needs of our clients in this ever-evolving and increasingly complicated area of litigation.

In the area of intellectual property litigation, Eckert Seamans draws from the combined expertise and talents of both its Litigation and Intellectual Property Groups.  The firm's capabilities are enhanced in this area because many of the firm's lawyers in the Section have engineering, computer and other scientific backgrounds and education which enable our lawyers to understand and apply the technology that is the subject of the dispute.  The firm has represented a wide spectrum of clients in intellectual property litigation matters involving patents, copyrights, trademarks, trade secrets and unfair competition claims, as well as in related matters involving antitrust, licensing, franchising and publicity issues.  These clients have called on the firm's combination of talents in litigation and intellectual property appropriate for each particular situation.

Eckert Seamans has been asked to undertake the representation of a variety of clients in technology litigation matters.  These clients include multinational corporations engaged in diverse industries, including videocassette rental, aluminum, chemicals, refractory products, computer hardware and software, communications systems, consumer foods such as wine and snack foods, motion picture production and distribution, luggage and clothing.  The firm has also represented major universities, nonprofit institutions, a large number of professional sports franchises, as well as individuals in connection with technology litigation matters.  The firm has handled technology litigation in federal and state courts around the country and is experienced in both bench and jury trials in these cases, as well as proceedings for preliminary injunctions and other emergency relief.

In addition to traditional technology litigation, the firm also has substantial experience in counseling its clients on methods of avoiding or minimizing infringement and breach of licensing agreement claims, as well as the adoption of procedures to maximize the client's intellectual property rights in technology.  Eckert Seamans' technology litigation specialists also maintain close contacts with other lawyers in the firm experienced in corporate mergers and acquisitions, tax, high technology and sports and entertainment in order to bring to our clients the most up-to-date development in these related areas as they pertain to technology litigation issues.