Intellectual Property Litigation

The intellectual property litigation practice combines Robinson+Cole's historic strengths:
  • a fundamental understanding of our clients' businesses and their goals
  • a team of trial lawyers with unsurpassed litigation experience
  • a regional firm capable of providing national service at efficient rates
For many businesses, intellectual property can represent both their most significant assets and their greatest vulnerabilities. The soaring expense associated with complex intellectual property litigation has the potential to cripple thriving businesses and can dissuade companies from aggressively protecting their investments in research and new product development.

At Robinson+Cole, the intellectual property litigation practice team works closely with the intellectual property and technology practice team to understand the science and technology behind our clients' business operations, enabling us to develop a litigation strategy rooted in our clients' business goals.

Our experience with representing clients in a wide variety of matters allows us to reduce uncertainty by objectively evaluating the strengths and weaknesses of a client's case early in the process. That experience includes representing major corporations in intellectual property litigation hotbeds, including the Eastern District of Texas, the District of Delaware, and the Northern District of California, as well as in local matters in the state and federal courts. The group's core team of litigation lawyers also closely monitor national trends in intellectual property litigation and are frequent authors on the subject.

Among other intellectual property matters, we represent clients in diverse industries with respect to the following:

  • patent infringement
  • trademark infringement
  • copyright infringement
  • trade secret misappropriation
  • technology litigation
  • e-commerce and privacy
  • computer fraud and abuse
  • licensing, royalty, and development
  • unfair trade practice cases in both federal and state courts nationwide
Recent engagements include the following:
  • Represented a company at trial in a trademark ownership dispute. The plaintiff, a former business partner, brought an action based on a novel "first use" trademark ownership theory to claim an interest in a company trademark that he had previously sold. We prevailed at trial and on appeal.
  • Served as co-counsel for United Technologies Corporation in $6 billion patent infringement action relating to jet engine fan blade technology. Our client prevailed on summary judgment.
    • Experience

      • Patent Litigation

      • Served as co-counsel for United Technologies Corporation in $6 billion patent infringement action relating to jet engine fan blade technology. Our client prevailed on summary judgment.

      • Defense of a patent infringement action involving microwave circuit board laminates.
      • Defense of a patent infringement action brought in the Northern District of Texas involving global positioning systems used to locate pin positions on golf courses.
      • Representation of the plaintiff in a patent infringement suit involving a method for ordering products online.
      • Defense of a patent infringement action involving septic system technology.
      • Successful trial of a patent infringement case in Boston; at issue was a patent for a method of securing masonry walls using steel helical ties.
      • Defense of a patent infringement action involving butane-powered hair care appliances and butane cartridges.
      • Successfully tried to a jury a fraud and conspiracy case based on a claim that our clients had defrauded the Patent Office and obtained a patent for a device the plaintiff had actually invented.
      • Prosecution of a patent infringement action for a major wholesaler/integrated supplier in relation to our client's Internet procurement method patent.
      • Prosecution and defense of patent infringement action in the Eastern District of Texas for a worldwide supplier of gas generation systems regarding multiple patents in the coal mine firefighting industry.
      • Representation as lead counsel for a provider of large liquid storage capacity systems accused of infringing on a patent for a filtering system in the sewage disposal industry. Obtained summary judgment in favor of our client.
      • Defense against infringement claims in federal court in Texas in connection with coal mine fire suppression technology.

        • Copyright Infringement

      • Obtained summary judgment in the Southern District of New York in a copyright infringement case brought against our client by a competing publisher of an embryology textbook.
      • Representation of a Web designer in connection with a claim that a competitor had unlawfully copied portions of the layout and content of the client’s Web site.
      • Prosecution of an action seeking relief for copyright infringement and false advertising against a former co-venturer of the client.
      • Obtained indemnification of online research company from provider of material in copyright infringement action.
      • Regional representation of recording industry in hundreds of copyright infringement cases seeking to stem illegal online downloading of music.

        • Trademark Infringement

      • Represented a company at trial in a trademark ownership dispute. The plaintiff, a former business partner, brought an action based on a novel "first use" trademark ownership theory to claim an interest in a company trademark that he had previously sold. We prevailed at trial and on appeal.

      • Prosecution of a trademark infringement claim on behalf of an aircraft distributor against an aircraft manufacturer for misuse of our client’s trademark in the aviation field.
      • Prosecution of Lanham Act claim on behalf of a client that developed a method to clot major trauma injuries. The client’s revolutionary technology has been credited with saving lives in wars in the Middle East and in trauma accidents throughout the world.
      • Representation of a manufacturer of vertical panel saws and panel routers in a trademark infringement and false advertising action brought against a competitor that made use of the client’s model and product numbers.
      • Defense of a full-spectrum lighting company accused of unlawful trademark infringement based on the use of certain key online search words and the display of banner advertisements.
      • Defense of a trademark and trade dress infringement and dilution action, in the District of New Hampshire, brought against a client by a competing fire hydrant manufacturer

        • Trade Secret Misappropriation

      • Defense of former employee in suit alleging trade secret misappropriation and breach of noncompetition agreement. Plaintiff dismissed claims on eve of trial.
      • Obtained preliminary injunction precluding former employee from competing with former employer and using former employer’s trade secrets.
      • Representation of defendant in a frequently-cited noncompetition case. Successfully shielded our client from repeated motions to prevent defendant from working for our client.
      • Obtained a favorable settlement on behalf of a management consulting and research company in a trade secret misappropriation action brought against former employees who left to start a competing business.
      • Obtained a favorable settlement on behalf of a provider of financial data and analytics in an action brought to enforce the confidentiality provisions in a stock option agreement and clawback monies realized from the exercise of such options after an employee left to join a competitor.
      • Obtained a settlement in a trade secret misappropriation case brought by the successful bidder for intellectual property sold at a bankruptcy auction against the buyer of the debtor’s assets at said auction.
      • Prosecution of an action on behalf of a digital media company against an ex-employee accused of violating a noncompete and confidentiality agreement.
      • Representation of client in a fraud, trade secret misappropriation, and breach of contract case in federal court in New Jersey against AT&T that involved parallel processing computer technology used for speech recognition applications.

        • Software Development – License Disputes

      • Representation of software development companies and value-added resellers, as well as litigation of a number of breach of contract disputes, on behalf of both software developers and corporate users, arising from software development projects.
      • Obtained arbitration award following a five-day arbitration on behalf of a software developer in connection with development of an enterprise software system.
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    • News
      • November 1, 2013

        Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

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          Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

          Robinson & Cole received 34 first-tier metropolitan rankings in the 2014 "Best Law Firms" list from U.S. News & World Report. The firm also received three national rankings, including Tier 2 rankings for Information Technology Law and Land Use & Zoning Law and a Tier 3 ranking for Real Estate Law.

          The rankings are presented in tiers, either on the national or metropolitan lists, by practice area. The 2014 national rankings cover 74 practice areas while the metropolitan rankings cover as many as 120 practice areas. Both rankings are based on surveys in which major clients and lawyers were asked to rate the law firms they consider best in their practice areas.
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      • October 21, 2013

        Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

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          Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

          A total of 61 Robinson & Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Florida for 2013. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 19 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

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      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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          Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

          Robinson & Cole was again recognized as having the highest number of attorneys in Connecticut selected by their peers for inclusion in The Best Lawyers in America© 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, S.C.). Across the firm's practice groups and offices, 56 attorneys were named to this year's list, including 48 in Connecticut and 2 who received the distinction for the first time.

          Additionally, three lawyers were named "Lawyer of the Year" for 2014. Judith M. Keppelman was named Hartford Trusts and Estates "Lawyer of the Year," Dwight H. Merriam was named Hartford Litigation - Real Estate "Lawyer of the Year," and James A. Wade was named Hartford Personal Injury Litigation - Defendants "Lawyer of the Year."

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      • December 12, 2012

        Litigation Attorneys Author Article About Patent Reform

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          Litigation Attorneys Author Article About Patent Reform

          Litigation attorneys Andrea Donovan Napp and Nuala E. Droney wrote the article “Patent Reform Becomes Law: Highlights of the Leahy-Smith America Invents Act,” published in the October/November issue of Connecticut Lawyer magazine, a publication of the Connecticut Bar Association. The Leahy-Smith America Invents Act, a major overhaul to existing U.S. patent law, was designed to expedite the patent application process, improve the quality of patents issued, reduce patent litigation costs, and align U.S. patent law with most other countries around the world.
      • June 22, 2010

        William J. Kelleher III Receives “40 Under 40” Award

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          William J. Kelleher III Receives “40 Under 40” Award

          Robinson & Cole LLP is pleased to announce that Fairfield resident William J. Kelleher, III was honored as one of 40 business professionals under the age of 40 who has achieved distinction as a leader in his field. The “40 Under 40” Award is given out by the Chambers of Commerce in Fairfield County in partnership with the Fairfield County Business Journal.

          To view the press release and photo click here.

      • May 19, 2010

        Robinson & Cole Attorney Presents to Massachusetts Association of Personnel Services on Proposed Noncompetition Agreement Act

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          Robinson & Cole Attorney Presents to Massachusetts Association of Personnel Services on Proposed Noncompetition Agreement Act

          Business litigation attorney John R. Bauer presented "The Massachusetts Noncompetition Agreement Act: Ramifications for Staffing Industry Employers" to the Massachusetts Association of Personnel Services. Mr. Bauer discussed the background and key features of the proposed act. He also offered recommendations on how employers in the staffing industry should revise their policies concerning the use of employee noncompetition agreements if the act is adopted. Mr. Bauer has extensive experience in litigating and negotiating trade secret disputes and disputes concerning noncompetition, nonsolicitation, and nondisclosure agreements and regularly counsels clients concerning the drafting and enforcement of these agreements.
      • May 10, 2010

        Robinson & Cole Attorney Quoted on Massachusetts Bill Aimed to Change State's Noncompete Landscape

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          Robinson & Cole Attorney Quoted on Massachusetts Bill Aimed to Change State's Noncompete Landscape

          Business litigation attorney John R. Bauer was quoted in a Massachusetts Lawyers Weekly feature story covering the widely followed Massachusetts Noncompetition Agreement Act pending before the Commonwealth's House of Representatives. A respected media source on noncompetition law, Mr. Bauer contributed comments concerning the importance of the act and the impact it will have on Massachusetts companies, calling it a "game-changer." He points out that because of ambiguities in the act, employers will have difficulty knowing in advance whether their employee noncompetition agreements will be enforced in court. In addition, Mr. Bauer suggests that because of the penalties the act imposes on employers who seek unsuccessfully to enforce their noncompetition agreements, employers may simply cease using noncompetition agreements altogether.
      • April 6, 2010

        Robinson & Cole Attorney Lectures on Noncompetition Agreements at Massachusetts Institute of Technology’s Sloan School of Management

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          Robinson & Cole Attorney Lectures on Noncompetition Agreements at Massachusetts Institute of Technology’s Sloan School of Management

          Business Litigation attorney John R. Bauer recently delivered a lecture to an innovation and entrepreneurship seminar of business school students and alumni at the Massachusetts Institute of Technology’s Sloan School of Management. Mr. Bauer lectured on the legal framework governing the enforcement of noncompetition agreements in the United States and the proposed Massachusetts Noncompetition Agreement Act currently being considered by the Massachusetts Legislature. Also lecturing were Professor Matt Marx of the Sloan School and Chief Executive Officer Branko J. Gerovac of Video in the Cloud.
      • March 2, 2010

        Robinson & Cole Attorney Publishes Articles on Trade Secrets Audits and Assignability of Noncompetition Agreements

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          Robinson & Cole Attorney Publishes Articles on Trade Secrets Audits and Assignability of Noncompetition Agreements

          John R. Bauer, counsel in the Business Litigation Group, published an article in the February 2010 edition of Connections: The Cambridge Chamber of Commerce Newsletter. The article, "Can You Keep a Secret? Why Now is the Time for a Trade Secrets Audit," encourages companies to conduct trade secrets audits, first, to identify company information that should be protected and that courts may recognize as trade secrets, and, second, to assess whether measures currently employed to protect confidential information are effective. Mr. Bauer also published an article in the January 2010 issue of New England In-House. The article, "States Divided Over Asset Purchases and Noncompetes," explores variations in state laws concerning the assignability of noncompetition agreements during asset purchase transactions.
      • January 4, 2010

        Robinson & Cole Partner Quoted on International Agreement to Bolster Intellectual Property Enforcement

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          Robinson & Cole Partner Quoted on International Agreement to Bolster Intellectual Property Enforcement

          Business Litigation attorney Brian E. Moran is quoted in the article “Global IP Treaty Talks Spur Enforcement Concerns” by Ryan Davis in Law360. Mr. Moran was quoted about a controversial proposal floated by the U.S. at the Anti-Counterfeiting Trade Agreement (ACTA) talks in December. The proposal would require Internet service providers to act against copyright infringement by their users, including terminating service. The memo prompted criticism by technology advocacy groups, which claim ACTA favors copyright holders.

          Mr. Moran concedes that the idea of an international agreement to beef up enforcement of intellectual property rights “makes a lot of sense” from a policy standpoint, because it recognizes the scope of piracy and the value of intellectual property as an economic driver. However, a graduated response requiring Internet service providers (ISP) to “cut off” service seems “a little extreme.” “It’s not like they’re dealing securities, and you can revoke their license,” Mr. Moran said. Any user who has Internet service cut off will simply “hop from ISP to ISP” to find another way to get online, he said.

          Mr. Moran said a more effective approach is to give safe harbor to ISPs who turn over to copyright holders the identity of users who download infringing material, rather than requiring providers to take action. ISPs historically are reluctant to provide such information, citing concerns about privacy, free speech and lawsuits from users who are identified. But if companies feel they are not liable, it would remove that impediment and allow copyright holders to enforce intellectual property rights, he said.

    • Publications + Presentations
    • U.S. Supreme Court Relaxes Rules on Awarding Enhanced Damages in Patent Infringement Cases (6/16/2016)

      Supreme Court Starts 2015 with Focus on Facts, authored by Nuala E. Droney (1/22/2015)

      Federal Circuit Extends Patent Term in Certain Cases (02/18/2014)

      "Patent Reform Becomes Law: Highlights of the Leahy-Smith America Invents Act," published in Connecticut Lawyer, co-authored by Nuala E. Droney and Andrea Donovan Napp (October/November 2012)

      "Drawing the Line Between Descriptive and Suggestive Trademarks," published in Commercial & Business Litigation, co-authored by Edward J. Heath and John M. Tanski, a newsletter of the American Bar Association's Section of Litigation (Fall 2010)

      "Can You Keep a Secret? Why Now Is the Time for a Trade Secrets Audit," published in Connections: Cambridge Chamber of Commerce Newsletter (2/2010)

      "States divided over asset purchases and non-competes," published in New England In-House, more details (1/2010)

      "The Computer Fraud and Abuse Act: An Overview and Discussion of a Recent First Circuit Case," at Boston Bar Assocation (3/11/2008)

      "Is an Employer Liable When Its Sales Employee Breaches a Noncompetition or Nonsolicitation Agreement with a Former Employer?" published in Massachusetts Continuing Legal Education (2007)

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