Litigation

Oblon Spivak's Litigation practice has extensive knowledge and experience in all aspects of complex intellectual property litigation involving patent, trademark, copyright, trade secret and unfair competition disputes before the U.S. federal district courts, the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Federal Claims. We regularly engage in high-stakes litigation, and have handled cases all the way up to the Supreme Court of the United States, including the famous Festo case.

Additionally, the group litigates § 337 proceedings before the U.S. International Trade Commission (ITC), as well as appeals before the Patent Trial and Appeal Board (PTAB), and trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB).

Our litigators represent clients in all types of trade practice claims under both federal and state laws including trademark, trade dress, and service mark infringement; dilution; counterfeiting; cybersquatting; and unfair advertising cases. In addition, we have represented clients in disputes involving infringing Internet domain names and cybersquatting through the Internet Corporation for Assigned Names and Numbers’ (ICANN) arbitration procedures.

Who We Represent

Our team of seasoned litigators has established a proven track record of obtaining outstanding results for our domestic and international clients, which include some of the most widely recognized and respected companies in the world, including Toshiba, Allergan, Toyota, Subaru, Aisin Seiki, Citizen Electronics, Astellas Pharma and Heineken, among others.

Technical Knowledge and Litigation Savvy

All of Oblon Spivak's litigators combine deep technical knowledge and expertise in intellectual property law with unparalleled courtroom "presence" and advocacy skills. Our attorneys have technical degrees in engineering, biotechnology, computer sciences, the electrical and mechanical arts, and chemistry. Many are prominent members of the intellectual property bar and are widely recognized in their fields.

We are particularly adept at successfully representing the unique interests and needs of our foreign clients litigating in U.S. courts. We have significant experience and success in representing both plaintiffs and defendants. Because of our reputation and track record in the field of intellectual property law, many clients come to us specifically to handle their appeals before the U.S. Court of Appeals for the Federal Circuit.

Monday, March 24, 2014

On February 21, 2014, the en banc U.S. Court of Appeals for the Federal Circuit decided not to overrule its prior decision in Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448 (Fed. Cir. 1998) (en banc), which had established a de novo standard of review for district court decisions concerning the meaning and scope of patent...

Monday, June 18, 2012

On June 14, 2012, the Federal Circuit granted a limited en banc rehearing in Bard Peripheral Vascular, Inc. et. al. v. W.L. Gore & Assocs. Inc., No.

Wednesday, June 08, 2011

On May 31, 2011, the Supreme Court issued its opinion in Global-Tech Appliances, Inc. v. SEB S.A.  The opinion was focused on the proper legal standard for the intent element of induced infringement under 35 U.S.C. § 271(b). 

Relevant Facts

Wednesday, April 27, 2011

On April 20, 2011, the Federal Circuit ordered an en banc rehearing in Akamai Technologies, Inc. v. Limelight Networks, Inc. (2009-1372, -1380, -1416, -1417).  The question posed by the Court is:...

Tuesday, March 01, 2011

On February 23, 2011, the Supreme Court heard oral argument from the parties in Global-Tech Appliances, Inc. v. SEB S.A.  The argument focused on the proper legal standard for the intent element of induced infringement under 35 U.S.C. § 271(b). 

Friday, October 15, 2010

The Supreme Court granted a writ of certiorari on Tuesday, October 12 to clarify the legal standard for the state of mind element of a claim for actively inducing patent infringement. The case, Global-Tech Appliances Inc. v. SEB S.A., on appeal from the Federal Circuit, involves petitioner Pentalpha, an accused infringement inducer...