3D printing. Patent trolls. Cybersquatters. Technology brings new infringement threats every day, while the procedures for addressing patent disputes shift and change. In this unpredictable environment, it takes legal savvy and technical acumen to defend intellectual property rights—and maximize their profitable use.
The top brands in the world trust Shook, Hardy & Bacon to safeguard their innovations. We defended Microsoft Corp. against a plaintiff who sought more than $450 million; the suit was dismissed on summary judgment and affirmed on appeal. On the plaintiff’s side, we obtained a $69.5 million verdict for Sprint Corp. in a matter against an infringing competitor. We proved willful infringement of all claims at issue.
Patent litigation is notorious for its high cost potential. We work to maximize efficiency; while we are adept at using budgets, early case assessments and other value practices, our most significant differentiator is our firm’s corps of more than 100 scientific analysts—professionals with master’s and doctorate degrees in a host of technologies, from biology to physics. We deploy them where many firms would use junior associates or outside consultants – to review technical documents, assess prior art and more. By pairing them with our bench of experienced patent litigators, we provide teams that are practical, deft and immersed in our clients’ technology.
On the “soft IP” side, Shook has extensive experience litigating cases for trademark and trade dress infringement, dilution, state and federal unfair competition, and Lanham Act claims, as well as all aspects of copyright infringement litigation, from preliminary injunctions through trial.
Athletic Wear Litigation
We obtained a defense verdict for Nike in the company’s first patent case to go to trial. The plaintiff alleged one of Nike’s hats infringed on his patented design and sought $8 million in damages.
Energy Software Litigation
Shook is defending the country’s leading supplier of energy management software and systems in a California patent infringement suit. Our client’s software has been widely used in the power grid industry for decades. The plaintiff claims two of our client’s applications are infringing. We have filed a counterclaim declaring the plaintiff’s patents invalid.
Health Care Technology Litigation
Shook attorneys served as lead counsel for Cerner Corp. in a declaratory judgment action involving patents on remote monitors for intensive care units. After a three-week jury trial, we obtained a verdict for our client.
“Patent Troll” Defense
Shook attorneys have defended multiple companies against patent claims from non-practicing entities (NPEs). Our experience spans many industries, including video games, health care, telecommunications, auto manufacturing and more; we have successfully defended matters in the notorious Eastern District of Texas, home to one in four patent cases nationwide.
We serve as counsel for one of the country’s largest coffeehouse chains—and one of the most valuable brands in the world—in a trademark infringement and unfair competition matter in California. Our client seeks to stop a number of defendants from marketing products with its marks and copyrights.
Shook defended a major beverage manufacturer in a trademark dispute, obtaining a verdict of non-infringement.