Intellectual Property Litigation

The enforcement and protection of intellectual property has become increasingly critical for corporate success, if not survival. Our approach to guiding clients in the rapidly growing and changing area of contentious intellectual property matters has earned our clients a myriad of successes. Whether the matter calls for fierce advocacy or nuanced negotiation, we assist clients from a broad range of industries to achieve their intellectual property business goals.

Patent Litigation

Our Patent Litigation attorneys offer a unique and creative approach to litigation. Waller commits to: 

• Work from a budget
• Keep clients engaged and fully informed as to developments along the process
• Engage our clients to bring their expertise to the table
• Be aggressive in the pursuit of a favorable resolution

We have deep industry knowledge across a broad range of technologies, including attorneys with science and engineering degrees in nearly every field. Relying on our vast network of subject matter professionals, our own personal technical backgrounds and wide-ranging industry knowledge, our attorneys provide clients — from small private companies to leading corporations — with versatility and ingenuity to meet their needs in resolving disputed patent matters. Having successfully enforced patents held by our clients and defended against patents held by third parties in federal courts across the United States, our Patent Litigation team understands the unique issues, procedures and timelines applicable to patent litigation.

Trademark Litigation

Our Trademark litigators represent both plaintiffs and defendants in:

• Trademark
• Trade dress
• Domain name
• False advertising
• Unfair competition 
• Related Lanham Act and state law claims

We handle all phases of litigation, including:

• Applications for emergency injunctive relief
• Declaratory judgment proceedings
• And trials and appeals, in federal and state courts throughout the United States — including the Trademark Trial and Appeal Board (TTAB)

Our Trademark Litigation attorneys implement brand protection programs, including
complex litigation involving trademark licensing issues with:

• Trademark infringement
• Trademark counterfeiting
• Trademark dilution
• False advertising
• Fair use
• Innocent publisher’s defense

Copyright Litigation

Our Copyright Litigation attorneys represent clients in a wide array of complex copyright matters. We have been involved in some of the most sophisticated cutting-edge cases in the courts today, including matters related to, among others:

• Software copyrights
• Database protection and screen scraping
• Secondary liability
• Digital Millennium Copyright Act (DMCA) compliance
• Fair use 

We also have experience in entertainment-related copyright disputes in music, film and television.

Trade Secrets

Our Trade Secret Litigation lawyers have deep experience in technology, customer list, new business model and employee trade secret cases. We bring and defend against applications for temporary restraining orders or preliminary injunction orders and ex parte seizures. We also have deep experience in enforcing restrictive covenants and exposure under the inevitable disclosure doctrine, in those jurisdictions where this form of relief is available.

Right of Publicity

We represent both plaintiffs and defendants in publication torts litigation in state and federal courts, including defamation, privacy and right-of-publicity cases. We are adept at understanding the different liability regimes under state common law and statutory remedies throughout the United States. We regularly represent musicians, media outlets, celebrities and Internet companies in complex right of publicity cases. We also counsel on fair and incidental use, damages, choice of law issues and Communications Decency Act (CDA) preemption.

Data Protection, Privacy and Cybersecurity

Our attorneys represent defendants in the defense of data privacy and security breach class action litigation in federal and state courts. We have been involved in many important and well-known data privacy and security breach cases. Because of the growing relevancy of this area of the law, we have assembled a team of lawyers with the knowledge and expertise to assist clients in navigating these turbulent waters.