Nutter's Intellectual Property Litigation group has a proven track record of successfully resolving complex intellectual property disputes involving patents, trademarks, copyrights, and trade secrets.
Recognizing that IP litigation cases have high stakes for our clients, our attorneys are equipped with extensive trial experience, industry knowledge, and the advanced technical backgrounds necessary to obtain successful results. Consistently recognized for its litigation expertise, Nutter has been named a top litigation practice by Chambers USA and go-to patent counsel by Johnson & Johnson in a survey conducted by IP Law & Business.
Our IP litigation team has successfully tried cases to verdict in the federal district courts, and has conducted successful appeals in the federal circuit courts of appeal, and the Federal Circuit. Clients hire us as IP advocates because we believe in efficient processes and use of technology, and we staff our projects leanly, using just one litigator and one IP practitioner on many cases. The partner to associate ratio in our firm also enables significant partner level attention on each project and superior associate training and satisfaction.
Our IP litigation team has both opposed and worked as co-counsel with some of the country’s largest and most reputable IP boutiques and firms ranked in the AmLaw 100. Thus, we are prepared to deliver results against any opposition, as well as value for the investment in our work.
What We Do
We provide pre-litigation counseling and continued support through the litigation process, including discovery, trial and appeal, and alternative dispute resolution when appropriate. In addition to developing strategies for identifying, establishing, protecting, preserving, and enforcing patents, trademarks, copyrights, and trade secrets we:
- Enforce patents against infringers;
- Defend against assertions of infringement;
- Represent clients in litigation before federal district courts, federal circuit courts of appeal and the Federal Circuit for patent appeals; and
- Represent clients before administrative agencies, including the U.S. International Trade Commission and the U.S. Patent and Trademark Office (“PTO”), in proceedings that are unique to intellectual property assets, such as patent reexaminations and interferences, foreign oppositions, and PTO trademark opposition and cancellation proceedings.
A key ingredient that sets Nutter apart is the level of personal service and focus clients receive from our attorneys. Our attorneys have extensive trial experience and are:
- Experts in federal and state laws that protect intellectual property, such as the federal patent, trademark, and copyright statutes, and trade secret and unfair competition laws; and
- Experienced in administrative procedures that are unique to intellectual property assets including patent reexaminations, interferences and foreign oppositions as well as trademark opposition and cancellation proceedings.
How We Do It
Nutter endeavors to deliver the best possible results and value to all of its clients. Our experience has taught us that there are several critical factors that drive success for our clients in IP litigation:
- Early strategic assessment, analyzing risks, worst case scenarios, options that can be pursued, the likelihood of success for each option and the likely associated costs;
- Ability to predict events and the timeline for those events;
- Tenacity;
- The ability to anticipate and counter the other party's actions;
- Development of a practical strategy for winning or settling at a reasonable cost;
- Ability to stay within budget;
- Remaining open to unanticipated theories and angles;
- Anticipating and properly analyzing validity or invalidity contentions;
- Choosing experts wisely; and
- Effectively deposing key witnesses.
Nutter takes an aggressive approach to representing clients in intellectual property litigation, combining our recognized patent expertise with our proven litigation prowess and high degree of responsiveness.
We also take full advantage of the fact that the Boston area is home to many of the nation’s top universities, laboratories and medical care facilities, housing some of the foremost experts in science, technology, and medicine.