Disputes and Litigation

Our lawyers regularly enforce and defend against claims of copyright infringement. We effectively leverage our Florida based platform to efficiently advocate on behalf of business and content producers. Our preeminent entertain and media practice, discussed below, regularly represents well-known performers and entertainers both in counseling and copyright litigation.

We regularly advise clients on the intricacies of defending, obtaining, and enforcing injunctive relief in court. Often presenting an opportunity for an early resolution of a matter, we regularly advocate preliminary injunction motions both in Federal and state courts, dealing with injunctive relief relating to all forms of intellectual property protection including patents, copyrights, trademarks, trade secrets, non-competes, and non-disclosure agreements.

Our trial-ready litigators have a breadth of experience that enable us to provide representation to nearly any business. We represent clients in state and federal courts, and many administrative agencies, in connection with:

• Patent, trademark, trade secret and copyright infringement matters
• Ex-parte and inter-parties proceedings in the US Patent and Trademark Office 
• US International Trade Commission (ITC) Section 337 cases
• Arbitrations, mediations and appeals
• Temporary restraining orders and preliminary injunctions, and
• Litigation abroad in conjunction with foreign counsel.

We provide due-diligence, IP audit and freedom-to-operate counseling and opinions. We also regularly litigate related antitrust and unfair competition issues. Representative subject matter in dispute includes:

• Electrical and mechanical devices
• Communications technology
• Life sciences/biotechnology
• Software, hardware and website content
• Trademarks/service marks
• Title to intellectual property and employee/employer disputes
• Business practices
• Trade secrets, non-disclosure and non-competition agreements

Our extensive experience in the courtroom translates to effective, focused representation of our clients’ interests, while at all times maintaining a pragmatic view of the big picture. Our litigators are able to rapidly deploy response teams to address any circumstance, and, while we possess large-firm capability, we are adept at staffing just the right personnel to each matter.

Our lawyers possess considerable experience in drafting, enforcing, and defending claims concerning confidentiality, non-competition and non-solicitation agreements. The firm regularly litigates these issues throughout the state of Florida, as well as in Federal courts throughout the country.

Our lawyers have collectively spent decades litigating patents through the U.S in various technological areas. We regularly represent clients in complex patent disputes concerning mechanical, electrical, software, and other patents. We represent large and small clients in both enforcing and defending patent infringement claims. Our platform enables our lawyers to efficiently litigate patent cases from prior to suit through trial and appeal in "bet the company litigation" as well as smaller matters.  

Often times, the Markman process of claim construction in patent litigation matters serves to focus the disputed issues between the parties. Our lawyers have deep technical knowledge in software, electrical, and mechanical technologies enabling our lawyers to efficiently and effectively advocate sophisticated positions as a means to resolving patent litigation disputes.

Internet Law

Our lawyers have experience in representing large and small clients in a full range of matters related to the law surrounding the Internet. Our experience encompasses issues related to cloud-computing, data protection and privacy, e-commerce, website hosting and development agreements, web-based application and services, domain name issues and disputes including UDRP proceedings, issues related to social media websites and applications, CAN-SPAM Act, issues related to the Digital Millennium Copyright Act, website terms of use and privacy policies and other related matters. We offer a full range of services from protecting your trademarks and copyrighted materials to negotiating complex cloud-computing and mobile application development agreements.

U.S. Customs and Border Protection (CBP), a bureau of the Department of Homeland Security, maintains a trademark recordation system for trademarks registered with the United States Patent and Trademark Office. The Customs and International Trade Law Group at GrayRobinson records these trademarks with CBP to prevent the importation of counterfeit goods. The CBP recordation database includes information regarding all recorded trademarks, including images of these trademarks. Customs officers will then be on the lookout for infringers and knock-offs — helping to police the trademark for you — at its 317 ports of entry. GrayRobinson works with CBP officers to monitor imports in an effort to prevent the importation of counterfeit goods. Customs notifies GrayRobinson of any imports appearing to be counterfeit, not permitting the product into the U.S.

Our attorneys have filed and defended numerous trade secret misappropriation claims in both state and federal court. Florida statutory law contains unique remedies afforded to victims of trade secret theft, and our team can consult you on how to apply these remedies to your situation. Moreover, trade secret claims often require quick action, whether in the form of filing or responding to a demand for injunctive relief. Our experience and state-wide presence make us an ideal choice in these time-sensitive situations. 

As a separate consideration, trade secret misappropriation claims often arise in the larger context of employment disputes. We have a top-tier employment department with offices throughout the state that can assist in the breach of non-compete cases that often go hand-in-hand with trade secret theft.

Because IP litigation is complex, lengthy, costly and the outcome can be  uncertain, alternative dispute resolution including arbitration, mediation, use of private judges and special masters may be especially useful. Federal and state court judges are referring IP cases to mediation with increasing frequency and in those cases, attendance of party representatives with authority to settle the matter is mandatory. Mediation is a structured negotiation, requiring special skillsets for counsel, and our lawyers have extensive experience as counsel in mediation, and several are certified by the Florida Supreme Court as mediators, so we can see the issues from multiple perspectives.

We are also experienced and qualified as panel arbitrators, and as counsel to the parties in binding arbitration matters, including all aspects of IP litigation. Arbitration, and the use of private judges are generally the result of negotiated agreement between the parties, or  where  dispute arises  from a contract containing an arbitration provision. We can help develop arbitration agreements either at the contract phase, or by agreement after a dispute arises.

Whether the alternative approach is arbitration, mediation, private judge, special master or any hybrid, GR IP litigators have the skill and experience to help efficiently craft  resolution of the dispute.
 

The failure to deliver and maintain electronically stored information ("ESI") can be disastrous to a case. Understanding the rules and procedures regarding ESI is important but understanding how such information is stored, organized, and retrieved, as well as how the data can be lost could be critical. Companies who fail to comply with the new rules and requirements face some stiff risks, including: (1) Spoliation which can result in dismissal, sanctions, fines, or preclusion of evidence; (2) Increase cost of retrieval; and (3) Inability to defend a claim due to loss of critical evidence.

GrayRobinson prides itself on its ability to handle cutting-edge ESI issues, from the initial stages of a company-wide document retention policy, to the identification and collection of ESI in-house, to the later stages of reviewing, sorting, and eventually creating a production set for use in litigation or a given transaction. Besides the collection and protection of ESI, GrayRobinson attorneys, litigation support staff, and IT professionals have significant experience with the ever increasing demands of complex electronic document discovery and production. With the transition from a paper-world to a digital one, more cases are decided by the presence of an electronic evidence. GrayRobinson utilizes its own software to review, sort and identify those key electronic documents in an in-depth, strategic and cost-effective manner. 

Outside litigation, GrayRobinson attorneys also provide consulting and give in-depth analysis and advice regarding risks, costs and best practices as they relate to handling electronic information. Risk-averse companies could potentially save money if later litigation required significant discovery.

GrayRobinson’s Intellectual Property practice covers a wide range of services, including Trademark protection and prosecution. Our international group of attorneys and paralegals has extensive experience that includes trademark applications and registrations, counseling, responding to office actions, conducting surveys and attending conferences with Trademark Examining Attorneys and the Commissioner of Trademarks. Our team of attorneys routinely represent clients in trademark disputes and litigation. Intellectual Property is a global initiative with far reaching consequences.

Trademark Infringement and Dilution
Our team comprised of trademark attorneys has experience in all aspects of trademark infringement and dilution cases involving trademarks, service marks, trade dress, product configuration, trade names, domain names, letters, numbers, colors, and telephone numbers. Our seasoned attorneys implement a variety of tactics to help our clients achieve their goals, whether by filing a motion to dismiss, obtaining a preliminary injunction, positioning a case for settlement, moving for summary judgment, or taking the case to trial. We assess the potential risks and rewards of disputes and provide creative solutions for clients of all sizes.

Trademark Litigation
Our vast litigation experience makes our attorneys well versed in the best ways to approach cases, whether large or small, complex or straightforward. We assess the potential risks and rewards of disputes and provide creative solutions for clients of all sizes. For more detailed information, please view our Intellectual Property Litigation section.

Trademark Trial and Appeal Board Litigation
In addition to civil litigation, we are well-versed in the rules and procedure of the Trademark Trial and Appeal Board (TTAB). Our team has filed and defended a substantial number of trademark oppositions and cancellations and is well-prepared to guide you through this process. We will work with you to determine the best way to go forward based on your ultimate goals, resources, and the merits of the case. Our experienced team of trademark attorneys understand what is at stake in an opposition or cancellation and how to navigate the process.