Intellectual property Litigation 

Overview

Involvement in an intellectual property dispute can be challenging and time-consuming. Our attorneys support you every step of the way. We work to understand your unique business and financial goals to discern how to best handle your case.

Our Intellectual Property team is comprised of seasoned professionals with the necessary experience and educational backgrounds to understand highly technical cases. With knowledge across a breadth of disciplines, we are prepared and well-equipped to effectively serve clients across virtually any industry. We have previously handled cases involving the enforcement of copyrights and trademarks, patents, and trade secrets. We have handled intellectual property cases in courts across the country including district courts, federal appellate courts, state courts, and agency tribunals.

Our attorneys have previously served in positions in which they gained valuable experience that can be applied to your case:

Chief Judge of the United States District Court for the Eastern District of Pennsylvania
During his 28-year career as a state court and federal judge, Hon. Lawrence F. Stengel (Ret.) handled thousands of cases. He oversaw many intellectual property-related cases, including patent, copyright, trademark, anti-trust, trade secret, ANDA/Hatch Waxman, and unfair competition cases. Representative cases include: 
 

  • Patent infringement action arising under the Hatch-Waxman Act and involving claims of patent invalidity
  • Antitrust litigation relating to accusation of unlawful monopoly over sustained release Wellbutrin (Med. Mut. of Ohio, Inc. v. GlaxoSmithKline PLC)
  • Patent infringement case between companies that produce devices to position electronic equipment (Innovative Office Prods. v. SpaceCo, Inc.)
  • Trademark infringement case between Philadelphia hoagie shop and national seller of frozen steak (Steak Umm Co., LLC v. Steak ‘Em Up, Inc.)
  • Patent infringement case between competitors in metallurgy industry (Carpenter Tech. Corp. v. Allegheny Techs.)
  • Copyright infringement case between employment and recruiting services company (Kenexa) and management consulting and polling company (Gallup) (Gallup, Inc. v. Kenexa Corp.)
Intellectual Property Litigation Counsel
  • Action related to breach of technology license and ownership of patents related to tissue technology
  • Infringement of patented technology related to selectively coated cable tie patent
  • Action on misappropriation of trade secrets, unfair competition, copyright infringement, and interference of contractual rights on health and usage monitoring systems for helicopters
  • Jury trial for infringement of patent related to forming field effect devices using ion implantation
  • Trademark infringement action for use of numbers brought by famous night club against client
  • Litigated music copyright infringement cases for music clearinghouse agency
  • Patent infringement case in front of the U.S. International Trade Commission related to cell phones
  • Patent interference case before U.S. Patent and Trademark Office Board of Appeals and Interferences related to polishing pads
General Intellectual Property Counsel

For a global consumer goods company, responsible for the acquisition and enforcement of all intellectual property matters

Director of Patents

For a global technology and manufacturing leader, responsible for the acquisition and enforcement of patent and trade secret matters

In-house counsel

For various Fortune 500 companies including working with business leaders to develop and implement strategies to protect and enforce intellectual property rights, developing budgets, representing clients before various tribunals and agencies, and negotiating settlements and licensing agreements

Patent Examiner

In the U.S. Patent and Trademark Office

 

Our team also includes a number of individuals with backgrounds in technical fields such as civil, chemical, electro-mechanical, and mechanical engineering. This allows our team to understand the technicalities of our clients’ cases and ensure that we gain comprehensive protection of our clients’ intellectual property assets.

We are equipped to handle cases that are equally complex and document intensive. Our team’s depth of experience allows us to clearly communicate your matter to judges, juries, mediators, and arbitrators.

Pretrial Strategy

From the start, we utilize our technical and legal expertise to determine the best course of action to secure favorable results. To understand your case, we formulate appropriate and thorough litigation strategies through witness selection and preparation, oral arguments, depositions, document production, and drafting of legal memoranda and motions.

We have the capabilities to examine millions of documents through electronic discovery. We work with forensic investigators and former FBI analysts to convert electronically stored information into a format that is usable and effective in litigation through metadata analysis and forensic examination and restoration. The success of high-volume eDiscovery starts early and requires foresight and strategic planning to streamline review and production of what could be an unmanageable quantity of documents. Our attorneys develop an eDiscovery plan which includes management of documents, negotiation of terms and parameters, execution of examining documents, evaluation for privilege, and determination of methods to effectively leverage this information in court. Our capability in handling eDiscovery is extremely useful in intellectual property and complex litigation matters.

While we are always prepared to go to trial, we pursue pre-trial options through alternative dispute resolutions when appropriate. We have a team of trial attorneys who are comfortable in the courtroom and experienced in trying issues before judges and juries. No matter the method used to resolve your matter, we are cognizant and considerate of your business and financial goals and look for cost-effective and case-effective solutions.

District Court Litigation

As a firm, we provide a foundation that includes more than 400 jury trials in both state and federal courts. Many have involved highly technical issues:

Technology Team

By partnering with our firm, you also have access to highly experienced trial technology professionals who possess over four decades of combined national and international experience and have worked on well over 500 trials across the country. Our trial technology professionals help determine the best way to prepare and display critical evidence and exhibits through trial technology. Our use of trial technology allows our attorneys to distill complex issues to facilitate the understanding of the judge and jury. The Saxton & Stump trial technology team is familiar with the trial process and is highly qualified in using various software platforms including:

  • TrialDirector
  • TimelineXpress
  • Concordance
  • Summation
  • Sanctions
  • OnCue
  • DepoView

Patent and Trademark Office Trials

Our attorneys have experience in trials before the U.S. Patent and Trademark Office.  We can handle inter partes reviews and post grant proceedings, as well as trademark oppositions and cancellations.

We comprehensively assist clients during trial by coordinating between the Patent and Trademark Office trials and any concurrent district court trials.

Appeals

Through collaboration with our Appellate and Post-Trial Advocacy Practice Area, we are able to craft thorough and effective written and oral presentation of issues to secure a favorable outcome.

Our team has extensive experience with the post-trial process which allows us to strategically preserve where necessary and present the issues on appeal that will give you the best chance at prevailing.

Settlements

Going to trial can be a distressing event. Our team utilizes settlements when appropriate to secure favorable outcomes in a more cost-efficient and time-effective manner. Based on our experience, we can craft settlement agreements that meet your business and financial goals.

Pre-Litigation Consulting

When deciding whether to engage in litigation, it is important to understand the potential implications of trial. Utilizing their extensive experience, Hon. Lawrence F. Stengel (Ret.) and Helen Odar Wolstoncroft, Esq. work with individuals to examine potential arguments and weigh the benefits and downfalls of pursuing litigation.

Intellectual Property LAW MEDIA CENTER

For more information on Intellectual Property Law

Contact Helen Odar Wolstoncroft, Esq. at:
717.556.1042 or how@saxtonstump.com,
or fill out the form below

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