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IP Litigation

Overview

Recognizing that IP litigation cases have high stakes for our clients, Nutter attorneys are equipped with extensive trial experience and industry knowledge. We have a proven track record of successfully resolving complex intellectual property disputes involving patents, trademarks, trade dress, copyrights, and trade secrets. But what sets us apart is our passion for what we do and our commitment to providing value and creative, personalized solutions for each of our clients. We understand our client's business and how our efforts as legal counselors and advocates can help that business.

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Our Team

Our team 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.

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Representative Matters

Representative Matters

  • Obtained Summary Judgment of Invalidity for Life Science Company Accused of Patent Infringement

    Our client, a life sciences company, was accused by a competitor of patent infringement relating to an insertion method for a medical device. After briefing and a hearing, the Court disposed of the case on summary judgment, finding the patent-in-suit obvious as a matter of law.

  • Represented a medical device company in policing a series of trademarks

    Representing a medical device company in policing a series of trademarks through several cease and desist letters and negotiations, bringing about very favorable results short of filing in court.

  • Successfully Mediated Patent Case for Medical Device Company

    Represented a medical device company, which owned a patent direct to transanal hemorrhoidal dearterialization, in a patent infringement case against a competitor. The case was settled by mediation before discovery commenced.

  • Obtained Permanent Injunction on Behalf of Client

    Represented manufacturer of anti-marking products for printing presses as the plaintiff in patent infringement suit. The defendant ultimately agreed to end the case on terms that included the entry of a permanent injunction.

  • Reached Global Resolution of Patent & Trademark Cases for Consumer Products Client

    Represented a company in several jurisdictions in related patent and trademark actions concerning the manufacture, sale, and marketing of feminine hygiene products. The client and its competitor resolved the cases globally on terms favorable to our client.

  • Secured Settlement in Patent Case for Patentee

    Represented plaintiff in a patent infringement suit related to an ingestible bait poison for molluscs, including snails and slugs, against manufacturer and seller of organic and biodegradable pesticides. Case was settled just as discovery was about to commence.

  • Defended Client Against Claims of Trademark Infringement

    Represented a client in the food and beverage industry in trademark infringement case in federal district court. Case was settled before the filing of an answer on terms favorable to client.

  • Settled IP Misappropriation and Trademark Case for Client

    Represented the defendant in case brought by a competitor involving rights to the name and use of a market index. Case was settled at mediation.

  • Defended a biotechnology company against claims of breach of contract

    Defending a biotechnology company against claims of breach of contract and licensing fees relating to the purchase of intellectual property. Settled on the eve of an arbitration hearing on terms favorable to the client.

  • Obtained nine-figure damages award from jury in patent case

    A small software company’s patented anti-piracy software was being used by a large software company without permission. Suit was filed and after a successful appeal the case proceeded to trial. During trial Paul Cronin was the lead attorney on the issue of damages. Based on the evidence presented by Paul, the jury awarded $388,000,000 in damages to his client.

  • Obtained favorable defense settlement for Fortune 500 client in patent case

    A Fortune 500 client was sued for patent infringement by an aggressive and well-established non-practicing entity. Requested to join the defense team by his colleagues, Paul Cronin’s guidance and leadership resulted in a favorable settlement for his client well before trial.

  • Obtained favorable settlement after presenting $1.2 billion in damages to jury in patent case

    In a high-profile trial for patent infringement damages, Paul Cronin took the lead in crafting a damages theory that valued the benefit of the defendant’s infringing use of the patented technology. Using an analytical damages approach, and introducing key evidence at trial, Paul successfully presented $1.2 billion in damages to the jury. Shortly thereafter the case settled favorably to his client.

  • Obtained “walk away” defense settlement for firearms client in patent case

    A firearms client was sued for patent infringement by a competitor. Paul Cronin led the defense and obtained a favorable “walk away” settlement for his client well before trial.

  • Obtained permanent injunction for manufacturing client in patent case

    A manufacturing client’s patented device was copied by a foreign competitor, and the infringing devices was imported and sold in the United States. Suit was filed and under Paul Cronin’s leadership the client obtained a permanent injunction against importation of the infringing devices.

  • Successfully Executed Patent Licensing Campaign

    Jim Hall was lead technical attorney on a team representing a patent holder suing numerous defendants on a portfolio involving wireless communication technologies. Jim successfully shaped the technical aspects of his client's liability case by securing favorable claim construction rulings and obtaining key infringement evidence and deposition testimony. Jim worked with and guided testifying experts to put together an ironclad infringement case. As a result of Jim’s efforts, each of the defendants settled before trial on terms favorable to his client.

  • Won Patent Trial Involving Anti-Piracy Software

    Jim Hall was lead technical attorney for a patent holder suing a large software company on an anti-piracy software patent. Jim marshaled the evidence and worked with the testifying liability expert to obtain findings of infringement and no invalidity. The trial resulted in a nine-figure damages verdict for the client.

  • Obtained Favorable Settlement for Company Defending Claim of Patent Infringement

    Jim Hall represented a client defending a patent lawsuit involving complex digital halftoning and dithering technology. Jim took the lead crafting claim construction and noninfringement arguments. Working closely with a technical expert, he crafted a convincing summary judgment motion. As a result of Jim’s efforts, the case was settled on terms favorable to the client.

  • Secured Favorable Settlement for Client in “Bet the Company” Case

    Jim Hall represented a startup speech recognition technology company defending numerous simultaneous lawsuits in multiple jurisdictions in a momentous patent war with a much larger rival company. In one of the cases, Jim crafted a solid defense and obtained key expert witness testimony that led to a unanimous verdict of noninfringement for his client. Jim then singlehandedly directed the remaining cases, which involved numerous patents asserted by both sides against the other. Through his efforts, the client was able to achieve a global settlement on very favorable terms.

  • Obtained Walkaways for Clients Targeted for Aggressive Licensing Efforts

    Jim Hall represented a client who was targeted by a large non-practicing entity (“NPE”) demanding that a license be taken on a patent directed to anti-aliasing color printing methods and apparatuses. Sensitive to the client’s desire to avoid both litigation and taking a license, Jim quickly and efficiently generated a rock solid noninfringement argument that convinced the NPE to withdraw its demand and walk away prior to litigation. Jim subsequently represented another client that was targeted by an NPE in a licensing campaign involving blade server power management technology. Jim again quickly generated a powerful noninfringement position that convinced the patent holder to dismiss his client from the case soon after it began.

  • Negotiation of early settlement of patent infringement suit

    Negotiation of an early settlement of a patent infringement suit whereby client agreed to re-design its product. Case was dismissed with no payment of damages.

  • Obtained favorable settlement on patent infringement claims

    Our client was sued for allegedly infringing a patent pertaining to the method by which our client’s product was packaged. Though the client denied any infringement, the client was able to settle the matter on favorable terms, including an advantageous license arrangement.

  • Obtained favorable settlement for major insurance company in trademark infringement action

    After aggressively litigating trademark infringement action brought on behalf of our client, defendants agreed in a settlement that it shall not directly or indirectly use, advertise, promote or display any name or mark containing our client’s name or mark in Massachusetts, for insurance-related services.

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