Protecting & Enforcing Intellectual Property Rights
Our intellectual property litigation attorneys are proud to call themselves trial lawyers. Whether the issue concerns patents, trademarks, copyrights, trade secrets or unfair competition, business clients are turning increasingly to the trial lawyers of WM&J to enforce and to defend their intellectual property rights.
Clients choose WM&J, a firm of trial lawyers, to protect their valuable business assets because of our proven combination of winning skills: substantive grasp of technical issues, the ability to synthesize and simplify complicated concepts for ease of understanding and presentation, and the trial skills to make our clients’ points of view persuasive – indeed compelling – to judges and juries. Equally important, our trial attorneys are experienced in designing risk management and case resolution strategies to minimize the risk and likelihood of litigation.
WM&J clients also turn to our intellectual property attorneys for other legal matters that involve or affect intellectual property rights, such as counseling with respect to obtaining patent, trademark, and copyright protection, drafting and negotiating licensing and assignment agreements, and securing insurance coverage for intellectual property-related claims.
Experience
As trial advocates, our attorneys have successfully prosecuted and defended infringement, misappropriation, and unfair competition claims in state and federal courts throughout the United States. We couple strong academic and practical backgrounds in engineering, mathematics, physics, biology, and inorganic and organic chemistry with honed public speaking and advocacy skills. Two attorneys in our intellectual practice group have been recognized by their peers as Leading Lawyers in Illinois,and two are admitted to practice before the United States Patent and Trademark Office.
Our intellectual property litigation practice has included areas as diverse as consumer products, immunochemistry, environmental technology, medical products, pharmaceuticals, biotechnology, electronic devices, mechanical systems and devices, nuclear power technology, gas turbine technology, trucking suspension systems, semiconductors, and business method patents.
Our intellectual property attorneys have represented clients such as Beckman Instruments, The Boler Company, Comptown Records, Inc., Devry/Becker Educational Development, Inc., Follett Corporation, Johnson & Johnson, Phillips Petroleum Company, Merkle-Korff Industries, Inc., Sears, Roebuck and Co., Southwest Soil Remediation, Inc., and Tenneco Packaging Corporation.
Representative Cases
Patent Litigation:
Aeroquip v. Deutsh, U.S.D.C., C.D. CA. Represented plaintiff in patent infringement action involving a high pressure line connector. Settled with defendant’s agreement to pay a reason able royalty.
Bindicator v. Vickers, U.S.D.C., E.D. MI. Obtained summary judgment for defendant in an infringement case involving a liquid level detector.
The Boler Co. v. Arvin Meritor, U.S.D.C., N.D. IL. Patent infringement case involving improvement to semi-trailer truck suspensions. Obtained favorable claims construction ruling on behalf of plaintiff to serve as basis for motion for summary judgment of infringement.
Recycling Sciences International, Inc. v. Southwest Soil Remediation, Inc., et al., U.S.D.C., N.D. IL. Patent litigation involving multiple patents for processes of remediating contaminated soil. Obtained dismissal on motion of all three represented defendants.
Trademark Infringement Litigation:
Davis v. Comptown Records, U.S.D.C., N.D. IL. Defended record label in Lanham Act suit. Obtained dismissal of case with no money paid.
Sears, Roebuck and Co. v. Sears PLC, U.S.D.C., DE. Represented plaintiff in cross-Atlantic trademark dispute. Settled favorably in face of vigorous prosecution and aggressive multinational discovery campaign. Subsequently hired by defendant’s counsel for defense of future patent litigation.
S Industries Inc. v. JL Audio, U.S.D.C., N.D. IL. Obtained summary judgment for defendant in trademark infringement suit.
Trademark, Internet Domain Name, and Counterfeiting Litigation and Enforcement:
Chris Ware v. Warner Music New Zealand (no litigation filed). Seized counterfeit infringing compact disc packaging distributed by overseas manufacturer. Settlement agreement entered and attorney’s fees paid in lieu of permanent injunction to avoid filing of suit.
DeVry/Becker Educational Development, Inc. v. Totaltape, Inc., U.S.D.C., N.D. IL. Represented plaintiff in aggressive preliminary injunction litigation to prohibit Internet domain name and metatag misuse. Settlement agreement in lieu of injunction obtained following expedited discovery campaign.
Copyright Infringement Litigation:
Smith v. Alessco, Inc., U.S.D.C., N.D. IL. Represented defendant in copyright ownership dispute. Subsequently hired by plaintiff’s counsel for trademark protection matters.
Trade Secret Litigation:
Ruby Robinson v. C & D Distributors, Inc., Cook County, IL. Hired by former adversary in previous litigation. Defeated plaintiff’s attempt to obtain emergency injunctive relief for alleged misappropriation of trade secrets.
Emcore v. Aixtron , U.S.D.C, N.D. IL. Obtained injunctive relief for plaintiff manufacturer of gallium nitride semiconductor manufacturing equipment in action to prevent misappropriation of trade secrets.
Unfair Competition, False Advertising, Trade Dress and Consumer Fraud Litigation:
Paullin v. PMIC, Lake County, IL. Defended out-of-state business in action for injunctive relief and damages alleging unfair competition, libel, and business disparagement.
If you would like more information about the firm's intellectual property practice, please contact:
David L. Applegate
Phone: 312-855-4851
E-mail: dla@willmont.com