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IP Litigation

Nutter's Intellectual Property Litigation Group has a proven track record of successfully resolving complex intellectual property disputes involving patents, trademarks, trade dress, copyrights, and trade secrets.

Recognizing that IP litigation cases have high stakes for our clients, Nutter attorneys are equipped with extensive trial experience and industry knowledge. Our team also includes attorneys and staff with advanced technical backgrounds in areas ranging from biophysics to computer science. Consistently recognized for its litigation expertise, Nutter has been named both a top litigation practice by Chambers USA and go-to patent counsel by Johnson & Johnson in a survey conducted by IP Law & Business.

What We Do

We seek to partner with our clients through each and every step of the litigation life cycle, which includes pre-litigation counseling, discovery, trial, and appeal.

  • Most importantly, we present legal strategies that are consistent with our clients’ business goals.
  • We employ a team-oriented approach that ensures our clients reap the rewards of each attorney’s expertise, whether that expertise concerns a particular technology, a particular legal theory, or a particular venue.
  • We believe in efficient processes. Nutter staffs its projects leanly, but appropriately. An important aspect of our staffing model is that we commit significant partner level attention to each and every client. Moreover, our partner to associate ratio results in superior associate training and satisfaction, eliminating a revolving door of associates assigned to cases.

Our IP litigation team has represented clients from a variety of industries with respect to all aspects of their intellectual property. We represent clients:

  • In patent litigation before federal district courts across the country as well as before the Circuit Court of Appeals for the Federal Circuit;
  • Before administrative agencies, including the U.S. Patent and Trademark Office, in proceedings that are unique to intellectual property assets, such as patent reexaminations and interferences, inter partes reviews, foreign oppositions, and trademark opposition and cancellation proceedings;
  • In connection with trademark and trade dress disputes, including securing registration of trademarks, enforcing trademarks, responding to cease and desist letters, and district court litigation; and 
  • With regard to federal and state laws that protect intellectual property, such as trade secret, misappropriation of intellectual property, and unfair competition laws.

How We Do It

Nutter endeavors to deliver the best possible results and value to all of our clients. There are several critical factors that drive success, including:

  • Early strategic assessment of the issues, including analyzing risks, worst case scenarios, options that can be pursued, the likelihood of success for each option, and the expected associated costs for those options; 
  • Development of a practical strategy for winning or settling at a reasonable cost; 
  • Ability to predict events and the timeline for those events; 
  • Tenacity; 
  • Anticipating the other party's actions; 
  • Ability to stay within budget; and 
  • Remaining open to unanticipated theories and angles.