Whyte Hirschboeck Dudek S.C.'s IP Litigation Practice brings together lawyers who have demonstrated their mastery of managing complex litigation and understanding the unique challenges presented by intellectual property litigation. The practice is supported by our Intellectual Property practitioners whose technical knowledge and experience in fields such as life sciences, computer software, biochemistry, and mechanical and electrical engineering assure that an in-depth understanding of the client’s business, its industry, its products and its competition is the foundation for litigation strategies and decisions. 

• Defended a plumbing fixtures company in a case where the plaintiff alleged its trade secrets pertaining to identifying a unique market for a children's product were infringed and obtained an advantageous settlement.
• Defended a food additive company in a trade secrets case and obtained a favorable settlement.
• Defended a major seed company in a patent and trade secret case. The patent case was dismissed before trial and the plaintiff chose to settle the trade secret case at the end of the liability phase rather than have the jury decide.
• Defended a music website in a lawsuit over whether information voluntarily produced by member users of the site were trade secrets. A no cash payment settlement was achieved early in the case.

Patent Infringement

• Defended a food additive company in a patent infringement case with the case settling in favor of our client.
• Represented a UPS manufacturer as plaintiff in a patent case that settled favorably with a large monetary payment at the end of the liability phase of the trial.
• Obtained a Federal Circuit decision reversing claims construction and eviscerating a doctrine of equivalents infringement finding.
• Obtained invalidity rulings on behalf of a recreational equipment manufacturer sued by its primary competitor.
• Obtained a dismissal of a patent infringement case based on Rule 41 F.R.C.P.

Trademark

• Filed a trademark infringement lawsuit on behalf of a manufacturer of modular homes. The defendant admitted infringement and settled before a hearing on a motion for preliminary injunction.
• Defended a publicly traded manufacturing company against accusations of trademark infringement and false advertising brought by an international conglomerate, achieved a settlement that involved no cash payment and the dismissal of all claims.
• Represented a financial institution in trademark infringement litigation against a competing financial institution, achieving a settlement with cross-license to the parties' trademarks.
• Defended a recreational vehicle manufacturer, achieved a settlement that involved no cash payment and which allowed the client’s continued use of the mark.

Copyright

• Represented a national non-profit organization in a copyright infringement case obtaining a dismissal in federal court and affirmation by the 7th Circuit.
• Represented a leading internet retailer of soft goods in asserting intellectual property claims in Federal Court against a competitor, which had copied portions of its catalog. Defendant/competitor agreed to the entry of consent judgment and permanent injunction, prohibiting it from any future infringement and paying client’s damages. The publicly filed consent judgment and permanent injunction has since been used by client to ward off other potential infringers.

Privacy/Right of Publicity

• Represented a premier race track in lawsuit alleging invasion of privacy/misappropriation of publicity rights of a well-known motorcycle racer and obtained a favorable settlement for clients.

Unfair Competition/Unfair Advertising

• Obtained injunctive relief, including seizure orders, in multiple counterfeit product suits.
• Obtained a summary judgment dismissal in Federal Court of claims of product disparagement, unfair competition and violations of the Lanham Act and Wisconsin’s False Advertising Act brought against a manufacturer of wood preservatives by a competitor seeking seven-figure award of compensatory and punitive damages.