Regardless of the forum, Lewis Roca Rothgerber Christie has the ability and experience to handle intellectual property litigation of all types throughout the country, having handled hundreds of trademark, copyright, patent, trade secrets and rights of publicity cases in in federal and state courts throughout the United States, and the United States Court of Appeals for the Federal Circuit. We also have handled more than 100 cases before the Trademark Trial and Appeals Board, and numerous matters in the Patent Office Board of Appeals and the International Trade Commission.
We take a practical and adaptable approach to IP litigation. We determine the client’s business objective at the outset of the representation, the most cost-effective way to achieve the objective, and the preferred approach, whether aggressive litigation or business-focused settlement. Although we have the resources and depth to handle complex, high-stakes cases with a large team when needed, we prefer to staff litigation with a dedicated and lean team to maximize efficiency and minimize fees. Clients enjoy the big law experience of many of our IP litigators, without big law overhead and staffing.
We do not aimlessly pursue litigation from inception through trial; rather, we focus on trying to obtain the client’s objective as early as possible, whether through temporary restraining orders and preliminary injunctions, motions to dismiss, or motions for summary judgment. When trial is necessary, we have a team of seasoned trial attorneys with substantial experience with bench and jury trials.
Our attorneys have handled copyright infringement actions in federal courts throughout the United States involving of a variety of works ranging from photographs, books, musicals, and television shows, to complex software. We also litigate cases involving copyright-related claims including circumvention of the Digital Millennium Copyright Act.
If and when we get to litigation, we take a practical and adaptable approach. If our client will be the plaintiff, we select the best forum for the case, based on the facts and circumstances. We assess the likelihood of obtaining damages and injunctive relief, whether TROs, preliminary injunctions, or permanent injunctions. Given the potential for substantial damages in copyright actions, we are sophisticated in assessing actual damages and profits, as well as statutory damages.