Copyright Litigation

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.

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Intellectual Property

Emily A. Bayton
Emily A. Bayton
Practice Group Leader, Partner
Denver, Phoenix
ebayton@​lrrc.com
303.628.9568 / vCard
G. Warren Bleeker
G. Warren Bleeker
Partner
Los Angeles
wbleeker@​lrrc.com
626.795.9900 / vCard
Michael J. McCue
Michael J. McCue
Partner
Las Vegas, Silicon Valley
mmccue@​lrrc.com
702.949.8224 / vCard
Shane E. Olafson
Shane E. Olafson
Partner
Phoenix
solafson@​lrrc.com
602.262.5327 / vCard
Cindy A. Villanueva
Cindy A. Villanueva
Associate
Phoenix
cvillanueva@​lrrc.com
602.262.5789 / vCard
Meng Zhong
Meng Zhong
Associate
Las Vegas
mzhong@​lrrc.com
702.474.2636 / vCard

Representative cases include:

  • Successfully represented leading navigation software company in a copyright infringement and DMCA action against reseller of navigation devices. NNG v. Boss Audio, 2:2014-cv-00220 (C.D. Cal. 2015).

  • Representing Visa in copyright infringement action involving alleged infringement of copyrights in photographs.________________ (S.D.N.Y. 2015)

  • Obtained dismissal of copyright action against NBCUniversal, Full Tilt Poker and Poker PROductions in copyright infringement action involving television show concept. McSmith v. NBCUniversal, 2:10–cv–00870 (D. Nev. 2011).

  • Won summary judgment in favor of Biotech Pharmacy and Biodose LLC in a copyright infringement and DMCA action filed by Cardinal Health involving software. Cardinal Health v. Biodose LLC, 2:03-cv-472 (D. Nev. 2006).

  • Won reversal of an order denying a motion to preliminarily enjoin use of copyrighted architectural plans where a builder exceeded the scope of a copyright license. LGS Architects v. Concordia Homes of Nevada, 434 F.3d 1150 (9th Cir. 2006).

Related News

12/01/2016
Unanimous federal jury finds that Jersey Boys musical infringes unpublished book
After nearly nine years of legal wrangling and a four-week trial a decision has been made.
07/15/2016
Pate named one of Arizona's most influential women in business
Lewis Roca Rothgerber Christie labor and employment attorney recognized by Az Business magazine
05/24/2016
McKirgan inducted into Litigation Counsel of America
Fellowship recognition granted by national trial lawyer honorary society
04/12/2016
Arizona, New Mexico attorneys selected as Southwest Super Lawyers
Annual listings reflect peer recognition and professional achievement
03/22/2016
Pro bono service awards presented by Lewis Roca Rothgerber Christie
Annual awards honor memory of lawyer dedicated to equal justice and professionalism
10/29/2015
Lewis Roca Rothgerber earns accolades in Benchmark Litigation rankings
Law firm ‘Highly Recommended' with 20 ‘Star' attorneys in guide of top U.S. litigation firms

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Key Contacts

Art Hasan
Art Hasan
Practice Group Leader, Partner
626.795.9900
Emily A. Bayton
Emily A. Bayton
Practice Group Leader, Partner
303.628.9568
Michael J. McCue
Michael J. McCue
Partner
702.949.8224