Intellectual Property

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Business clients recognize the importance of retaining experienced trial lawyers to enforce and defend their intellectual property rights.

Clients choose Williams Montgomery & John, a firm of trial lawyers, to protect their valuable intellectual property assets because we have a substantive grasp of the technical issues, are able to synthesize and simplify complicated concepts, and have the trial skills necessary to present our clients' cases to judges and juries in a compelling manner. Our attorneys combine strong academic and practical backgrounds in engineering, mathematics and science with honed public speaking and advocacy skills.

In the intellectual property area, the firm has successfully prosecuted and defended infringement, misappropriation, and unfair competition claims involving patents, trademarks, trade dress, copyrights and trade secrets. We have taken many cases to verdict as lead trial counsel in both jury and bench trials nationwide and have argued appeals in the Illinois appellate courts and the U.S. Court of Appeals for the Seventh and Federal Circuits. Our trial attorneys are equally experienced in designing risk management and case resolution strategies to minimize the risk and likelihood of litigation.

Our clients include individual entrepreneurs, startup companies, established mid-sized businesses and Fortune 500 companies in the fields of advertising, authorship, arts and entertainment; broadcasting; computer security devices; environmental technologies; financial technologies; industrial turbine technology; medical, dental, orthopedic and orthodon­tic products; medical and clinical testing devices; trucking and transportation, including air-ride and leaf-spring suspension technology; and Internet domain names.

As examples of intellectual property cases we have litigated for clients, our attorneys have prosecuted patent infringement claims on behalf of Boler against competitors in the suspension systems industry; represented MTV Networks in licensing and copyright disputes related to the Chicago Bears "Super Bowl Shuffle" video; defended Jennifer Lopez and her producers in a federal Lanham Act trademark case; and prosecuted international trademark infringement claims on behalf of Sears Roebuck and Co. and Westinghouse Electric Corporation.

A more descriptive list of representative matters can be found by clicking on the "Representative Matters" link above.

The firm's intellectual property practice is led by partner David Applegate, who is a Fellow of the Litigation Counsel of America, a trial lawyer honorary society, and has been selected by his peers for inclusion in Illinois Leading Lawyers and Super Lawyers for both commercial and intellectual property litigation.

For more information about the firm's intellectual property litigation practice, please contact Mr. Applegate at 312.855.4851 or dla@willmont.com.

 

Partners Practicing in this Area

Associates Practicing in this Area



Representative Matters

  • Beckman Instruments v. Kallestad Laboratories, Inc.

    U.S. District Court, District of Minnesota
    Obtained large upfront payment and extended royalty for Beckman Instruments in lawsuit against Kallestad Laboratories, a competitor in the scientific instrumentation field. Claims included patent infringement, copyright infringement and theft of trade secrets related to nephelometric inhibition analysis techniques.

  • Boler v. ArvinMeritor
    U.S. District Court, Northern District of Illinois
    Obtained favorable settlement and licensing agreement for Boler in patent infringement lawsuit against ArvinMeritor, a competitor in the suspension systems industry.
  • Boler v. Watson & Chalin
    U.S. District Court, Northern District of Ohio
    Obtained vacation of adverse judgment and favorable settlement for Boler in patent infringement lawsuit against Watson & Chalin, a competitor in the suspension systems industry.
  • Boston Scientific Corp. v. Cordis Corp.
    U.S. District Court, Northern District of California
    Favorably settled patent litigation lawsuit against client involving medical devices used to treat aneurysms.
  • Molon Motors, Inc. v. Merkle-Korff Industries, Inc.
    U.S. District Court, Northern District of Illinois
    Favorably settled patent litigation lawsuit against client involving compact DC-powered gear motors for specialized applications.
  • Moves, Inc. v. MTV Networks and Jennifer Lopez, et al.
    U.S. District Court, Northern District of Illinois
    Obtained nuisance value settlement in trademark and copyright infringement lawsuit against MTV Networks and Jennifer Lopez.
  • Nielsen Media Research, Inc. v. Truck Ads, LLC
    U.S. District Court, Northern District of Illinois
    Currently defending mobile advertising startup Truck Ads, LLC in copyright infringement lawsuit involving marketing territory maps. Cross-motions for summary judgment are pending.
  • Novissar v. Rollprint Packaging Products
    U.S. District Court, Northern District of Illinois
    Obtained dismissal or summary judgment in multiple trade secret claims against flexible packaging manufacturer Rollprint brought by terminated former employee. Settled additional employment discrimination claims against client.
  • Paullin v. PMIC
    Circuit Court of Lake County, Ill.
    Defended medical coding provider PMIC in breach of contract lawsuit brought by a terminated telemarketing manager. Asserted unfair competition claims against terminated manager. Case settled following filing of cross appeals from split-bench trial verdict.
  • Project Leadership Associates v. Telepathy, Inc.
    U.S. District Court, Northern District of Illinois
    Obtained stipulated dismissal, with prejudice, of trademark and domain name lawsuit against Telepathy, an established internet domain name business.
  • Recycling Sciences International v. Four Seasons Environmental Services
    U.S. District Court, Northern District of Illinois
    Achieved dismissal of patent infringement lawsuit against multi-defendant environmental soil cleanup system.
  • Renaissance Marketing Corp. v. MTV Networks
    U.S. District Court, Northern District of Illinois
    Settled licensing claims against MTV Networks involving Chicago Bears "Super Bowl Shuffle" video.
  • Renaissance Marketing Corp. v. Viacom and Viacom International
    U.S. District Court, Northern District of Illinois
    Currently defending Viacom in copyright dispute over "fair use" rights involving Chicago Bears "Super Bowl Shuffle" video. Case scheduled for judicial mediation.
  • Rotary Systems, Inc. v. Hendrickson USA, LLC
    U.S. District Court, District of Minnesota
    Successfully defended Hendrickson USA against wrongful inventorship claims in the trucking suspension systems industry.
  • Sears Roebuck and Co. v. Sears PLC
    U.S. District Court, District of Delaware
    Favorably settled international trademark infringement litigation brought on behalf of Sears. Parties agreed to injunctive relief.
  • Tonerhead, Inc. v. Retail Inkjet Solutions
    U.S. District Court, Northern District of Illinois
    Successfully settled lawsuit against manufacturer and distributor of inkjet toner refill cartridges in patent infringement action brought by inventor.
  • U.S. Ring Binder, LP. v. Staples, et al.
    U.S. Court of Appeals, Federal Circuit
    Briefed and argued appeal of summary judgment entered against manufacturer of three-ring binders in patent infringement lawsuit lost at trial by prior counsel. Case affirmed per curiam.
  • United Financial Technologies v. British American Island Holdings
    Circuit Court of Cook County, Ill.
    Successfully prosecuted counterclaims on behalf of international syndicate of real estate investor entrepreneurs for breaches of licensing agreements for rights to use patent-pending financial technologies. Case settled at mediation with plaintiff agreeing to pay confidential sum to defendants.
  • Westinghouse Electric Corporation v. George Elevator
    U.S. District Court, Northern District of Illinois
    Obtained U.S. judgments on behalf of Westinghouse Electric against Chinese defendants in international trademark infringement action in the United States and China. Compelled defendants to terminate U.S. presence. Ancillary proceedings pending in China.