Home > Practices Areas > Litigation > Intellectual Property Litigation
Intellectual Property Litigation

In an increasingly complex global marketplace, where commercial success requires the development and protection of new technologies, and navigating technology areas developed by others, businesses need a qualified legal team dedicated to protecting their most powerful assets—their intellectual property and products. With the willingness, ability and creativity to challenge traditional assumptions, Whyte Hirschboeck Dudek S.C.’s IP Litigation Team brings a wealth of IP and trial expertise and a history of producing favorable outcomes for clients in a variety of industries and in numerous jurisdictions.

Our Approach

Redefining IP Litigation
WHD is committed to providing unrivaled counsel that delivers exceptional results in IP litigation. We have been very successful in attracting experienced lawyers to WHD from across the country who have enjoyed the benefit of learning the intricacies of IP litigation by working on significant matters in many jurisdictions. We have great trial lawyers who are experienced in significant litigation matters and know how to handle the unique challenges of modern IP litigation. Our team has vast experience in developing and presenting experts on complicated matters and in finding, developing and presenting the facts surrounding complex prior art, invalidity and infringement issues in a host of technical disciplines. We also have highly credentialed, experienced and resourceful patent lawyers that support our litigation and provide the deep understanding of technical issues that is crucial in successfully preparing a case for trial or settlement. Our experience handling complex IP litigation also provides us with the insight necessary to recognize when the best outcome for the client is to move the case toward a compromise that will serve the client’s business goals and objectives. Our IP Litigation Team provides the foundation for successful litigation strategies based on in-depth understanding of our clients’ businesses—their industries, their products and their competition.

Our quality representation goes beyond courtroom skills. Proper case management is essential to effective and efficient resolutions of IP disputes. Among other jurisdictions, our litigators have successfully handled many cases in the rocket docket of the Western District of Wisconsin. In addition to the insights we possess about that jurisdiction and its judges, the speed of that docket has also taught us valuable lessons about cost efficiency and the importance of focusing on the most important issues in the case and driving our team’s efforts to those issues. The lessons we have learned from the Western District of Wisconsin and other speedy jurisdictions like the District of Delaware provide us with the insight necessary to achieve the best result in the most efficient way. The combination of our nationwide experience and training and our Midwestern rate structure provides a unique value to our clients.

Representative Engagements

Diverse Clients & Successful Outcomes
Not only do we have the depth and breadth to litigate a wide range of IP-related cases, but we have the experience and passion to drive favorable rulings and settlements for our clients. Recent cases handled by members of our team include:

Patent
  • Obtained a Federal Circuit decision for a large industrial client affirming dismissal of a declaratory judgment action for non-infringement, invalidity and unenforceability brought by a competitor.
  • Defended a manufacturer of paintball guns in a patent case tried to verdict, invalidating all claims at issue through jury verdict and post-trial motion.
  • Successfully prosecuted a patent infringement action involving our client’s mass market consumer product resulting in the entry of a consent judgment and a permanent injunction against a major competitor.
  • Obtained a Federal Circuit decision reversing claims construction and eviscerating a doctrine of equivalents infringement finding.
  • Succeeded in a judicial interference case tried in the Southern District of New York that twice went to the Federal Circuit Court of Appeals and ultimately established the priority of our client’s inventive process for manufacturing an active pharmaceutical ingredient.

Trademark

  • Defended a publicly traded manufacturing company against accusations of trademark infringement and false advertising brought by an international conglomerate, achieving 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.

Copyright

  • Represented a leading Internet retailer of soft goods in asserting intellectual property claims in Federal Court against a competitor that had copied portions of its catalog. Negotiated the entry of a consent judgment and permanent injunction.

Trade Secret

  • Defended a seed corn company in a case with industry-wide ramifications concerning whether inbred seed corn sent into commerce could be a trade secret. The case settled favorably at the end of the liability phase of the trial.
  • Successfully defended our client against allegations of trade secret misappropriation in the establishment of their new business. After a lengthy evidentiary hearing, the court denied the plaintiff’s request for injunctive relief and entered judgment in favor of our client.

Our Team

WHD’s experienced team has handled patent, trademark, copyright, trade secret, false patent marking, unfair competition, false advertising and licensing related litigation in federal and state trial and appellate courts across the country. Our IP Litigation Team has represented clients enforcing their rights and has defended clients accused of infringement, misappropriation or violation of the rights of others.