Intellectual Property Litigation

Overview

Eckert Seamans’ Intellectual Property Group provides nationally-respected counsel to protect our clients’ intellectual property from potential disputes, but there are times when litigation is necessary. When these situations arise, our clients rely on the expertise of our intellectual property litigators who have successfully litigated patent, trade secret, trademark, trade dress, license, copyright, and service mark cases before various U.S. district courts, the U.S. Court of Appeals for the Federal Circuit, the Supreme Court of the United States, state courts, and administrative agencies such as the International Trade Commission (ITC).

Our patent infringement and trade secret litigation experience includes numerous electronics cases (dealing with low-level semiconductor electronics and high-level consumer electronics), skin care devices, flat glass products, pigment products, corrugated containers, steel processing equipment, global positioning system technology, aluminum, industrial vise equipment, therapeutic devices, paint and chemicals, wearable technology (e.g., integrated headphone/earmuffs and touch-screen capable gloves), and coating materials.

Eckert Seamans has litigated numerous trademark, copyright and unfair competition cases as well as licensing disputes for clients such as an international racetrack operator, a radio station, the largest reconditioned car “mega-store” dealer in the U.S., a home security company, a major university, the largest private educational institution in the U.S., producers of professional hair care products, an international quick service restaurant chain, and major motion picture production companies. We have also litigated such cases for producers of wine, business accessories, storage containers, tools, composite plastic structures, motorcycles, and steel mini-mill and iron carbide production equipment. In addition, we have represented financial services companies, including insurance companies, an investment banking firm, and a mortgage brokerage firm in service mark litigation.

Representative Matters

  • Innovative Memory Solutions, Inc. v. Micron Technology, Inc. (D. Del.) – a multi-patent litigation concerning Flash memory devices.
  • Advanced Video Technologies LLC v. HTC, Motorola Mobility, Blackberry, and others (SDNY) – a series of litigations concerning video CODECs in consumer electronics.
  • In Re: Certain Electric Skin Care Devices, Brushes and Chargers Therefore, and Kits Containing Same (ITC Inv. No. 337-TA-959) – an ITC investigation regarding skin care brushes.
  • Pacific Bioscience Laboratories, Inc. v. Michael Todd LP & MTTO LLC (WD Wash) – the companion district court case related to ITC Inv. No. 959.
  • Vandor Corp. v. Matthews Int’l Corp. (SD Ind) – a patent litigation concerning funerary products.
  • David R. Siskin v. Fownes Brothers & Co. Inc. (ND Cal) – a patent litigation concerning headphone earmuffs.
  • Doctor’s Associates, Inc. v. Sheetz Inc., et al., 09-cv-88, E.D. Va;. (2009) – Successfully defended a motion for TRO and a preliminary injunction brought by parent company of sandwich industry Subway, based on claims of trademark infringement, unfair competition, and dilution.
  • Noasha LLC v. Nordic Group of Cos., Ltd., et al., 630 F.Supp2d 544 (E.D.Pa., June 18, 2009)—Successfully defended a motion for preliminary injunction brought by the manufacturer of a collectible marble who alleged infringement of a federal trademark registration.
  • Art’s Toy Manufacturing Co., Inc. v. Chick-Fil-A, Inc., Civ. No. 2:06-cv-00780-TMG (E.D. Pa.)—Successfully defended against a claim of copyright infringement if the design of a plush cow derived from pre-existing art.

News & Insights

Publications:

Law360: Grammarly Suit Flags Right Of Publicity As Key AI Issue

Reuters: Examining employee mobility, remote work, and AI as trade secret litigation surges

Bloomberg Law: Appeals Ruling Shows How Descriptions Can Turn a Patent Dispute

Bloomberg Law: Anthropic’s AI Training Settlement Offers Tech Sector an IP Map

Bloomberg Law: AI-Training Lawsuits by Creators Undermine Copyright Law, Policy

Legal Updates:

U.S. Supreme Court limits the places patent infringement lawsuits can be filed

Media Coverage:

Bloomberg Law: DNA Patent Eligibility Under Spotlight in Sarepta’s En Banc Bid

Law.com: AI Firms Have Every Incentive to Settle Copyright-Infringement Suits, Even If It Costs Them Billions

Richard Peirce says feds won't be knocking on your door for sharing your Netflix or Hulu password (KYW Newsradio)

News:

Eckert Seamans Secures PTAB Victory for Oak Hill Bio Ltd

Eckert Seamans Member Nicholas Schneider Named a “Go To Intellectual Property Lawyer” by Massachusetts Lawyers Weekly

Attorney Intel Names Eckert Seamans Member Nicholas Schneider Among Top 25 Media & Entertainment Attorneys of 2025

Eckert Seamans Expands Intellectual Property Practice with Addition of Princeton Member Theodore McDonough

Pennsylvania Super Lawyers 2019 recognizes 21 Eckert Seamans attorneys from Harrisburg, Philadelphia, and Pittsburgh offices

Seasoned Complex Commercial Litigator Frank Emmerich Jr. joins Eckert Seamans in Philadelphia

Best Law Firms 2019: U.S. News – Best Lawyers again ranks Eckert Seamans among the nation’s top law firms

Eckert Seamans welcomes Edward C. Flynn to Pittsburgh office and Litigation Division

Eckert Seamans posts another win

World Trademark Review 1000 recognizes Eckert Seamans' Intellectual Property Group

Eckert Seamans welcomes David B. Gornish to Philadelphia office