Litigation
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Overview
Obtaining the highest-quality legal counsel is a must when dealing with disputes over intellectual property. At Taylor English, our unique platform allows us to offer such top-quality talent at a tremendous value for high-stakes IP matters. Our IP litigation team boasts a number of former AmLaw 100 attorneys, former judicial clerks from the U.S. Courts of Appeals for the Federal Circuit and the Eleventh Circuit, and attorneys with technical degrees and significant industry experience. As one testament to our approach, litigants have selected Taylor English to be their counsel in more than 10 percent of all patent infringement cases filed in the U.S. District Court for the Northern District of Georgia since January 2016. If you consider only the cases that actually moved forward, where both sides made an appearance, our representation rises to more than 15 percent of patent cases.
Clients trust us with all types of IP disputes. We have efficiently resolved and won complex utility and design patent infringement cases, inventorship disputes, post-grant proceedings in the USPTO such as Reexaminations, Inter Partes Reviews and Covered Business Method Reviews, trade secret matters, and licensing disputes. We have successfully handled trademark and trade dress infringement cases, trademark opposition and cancellation proceedings in the USPTO, and cases involving trademark dilution, counterfeiting, unfair competition, defamation, domain name cybersquatting, and false advertising. We have also achieved great results for our clients in copyright infringement cases dealing with all kinds of works, including music, movies, screenplays, videos, photographs, artwork, literary works, websites, databases, educational products, maps, and software. Some of our recent engagements, which are highlighted on our Experience page, illustrate the depth and breadth of our IP litigation practice.
Although headquartered in Atlanta, Georgia, our IP attorneys litigate in courts throughout the country. We represent clients at all levels of the federal and state court systems and in all the other key venues for resolving IP disputes. We have experience before courts in Georgia, Florida, Tennessee, South Carolina, North Carolina, Texas, California, Utah, Delaware, New York, New Jersey, Massachusetts, Connecticut, Kansas, Virginia, and Wisconsin, to name a few. In addition to our successes in federal-district and state court, we have won IP cases on appeal, including at the Federal Circuit and Eleventh Circuit, in administrative proceedings at the Patent Trial and Appeal Board and the Trademark Trial and Appeal Board, and at trial in the International Trade Commission.
Our value-driven model allows us to represent businesses of all sizes – from Fortune 500 companies to startups – as well as solo inventors and individuals, to protect their valuable IP assets or defend against claims of IP infringement or misappropriation. We work with all our clients to understand their goals for each particular matter, minimize litigation risks, achieve optimal results, and manage litigation costs. In short, we strive to give clients the information they need to anticipate and manage IP litigation costs like their other business expenses.
Experience
Experience
Tie Down, Inc. v. Rooftop Anchor, Inc.
Initiated lawsuit for Tie Down, Inc. to seek a declaratory judgment of non-infringement for a competitor's design patent relating to a roofing safety product. The case resulted in a favorable settlement for the client. Tie Down, Inc. v. Rooftop Anchor, Inc. (N.D. Ga.)
American Process, Inc. et al. v. GranBio Investimentos S.A. et al.
Brought suit on behalf of clients that develop and license technologies for creating second-generation biofuels, such as cellulosic ethanol, against related Brazilian companies for, e.g., trade secret misappropriation under the federal Defend Trade Secrets Act and breach of an engineering services agreement with our clients. American Process, Inc. et al. v. GranBio Investimentos S.A. et al. (N.D. Ga.)
Defended Amazon seller and individual defendants in Georgia action involving complaints made to Amazon about competitor's conduct. After successfully obtaining a dismissal of multiple defendants in the Georgia case, our firm filed an offensive action for trademark infringement and counterfeiting in New York. The parties reached a confidential settlement shortly after the New York case was filed.
Keystone Global LLC v. eBay, Inc. et al.
Obtained favorable settlement for HiPacking, Inc., a fulfillment center for products sold on eBay, in patent infringement case brought by license plate bumper manufacturer. Keystone Global LLC v. eBay, Inc. et al. (E.D. New York)
Recovered for home builder for copyright infringement of architectural plans and obtained injunction.
Cooper Lighting, LLC v. Cordelia Lighting, Inc.
Representing Cordelia Lighting, a provider of lighting fixtures and accessories, in defense of a patent infringement action brought by a competitor involving multiple patents relating to recessed, LED lights, and helped to win a dismissal of plaintiff's claims for willful infringement. Cooper Lighting, LLC v. Cordelia Lighting, Inc. (N.D. Ga.)
Gillespie v. Prestige Royal Liquors, et. al.
Led defense of Fusion Glassworks, a custom glass designer, and Private Label Distillery, a provider of distillery services, in litigation brought in California involving alleged design patent infringement. Successfully obtained early dismissal for our clients. Gillespie v. Prestige Royal Liquors, et. al. (N.D. California)
Sprinturf, LLC v. UBU Sports, Inc. and Maumee Bay Landscape Contractors, LLC
Served as counsel to UBU Sports and Maumee Bay Turf Center, premier providers of synthetic turf systems for use in a variety of sporting events, in patent dispute brought by a competitor. Sprinturf, LLC v. UBU Sports and Maumee Bay (N.D. Ga.)
Lyssa Networks, LLC v. VeriCheck, Inc.
Represented VeriCheck, Inc., a leading ACH payment processor, in E.D. Texas litigation against a patent troll. As part of our defensive strategy, we prepared and filed a petition with the USPTO for Covered Business Method review and argued that the asserted patent claims were invalid under Section 101 for being directed to patent ineligible subject matter. The parties reached a confidential settlement shortly after the CBM petition was filed. Lyssa Networks, LLC ...
Represented an individual accused of misappropriating trade secrets and confidential information from a former employer. Engaged in extended negotiations with the plaintiff's counsel and ultimately reached a favorable settlement for our client.
Led defense of Georgia-based company in patent and trade dress litigation involving a consumer product. After initial aggressive discovery and a mediation, we achieved a favorable settlement for the client.
Adair v. Boat Dock Innovations, LLC, et. al.
Led the defense against an inventor/patentee in a case involving claims of infringement of a patent related to a boat dock ladder. Successfully petitioned the USPTO to reexamine the asserted patents—resulting in cancellation of all claims of one patent and significant narrowing amendments to the remaining patent’s claims. After a favorable claim construction ruling from the Special Master, the case was dismissed with prejudice, with no payments from the ...
Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, ICH Intellectual Capital Holdings, Inc., for infringement of patents related to automated meter reading technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. ICH Intellectual Capital Holdings, Inc. v. Badger Meter, Inc., et. al.
Represented Mueller Water Products, Inc. in action against Datamatic Ltd. alleging patent infringement of Mueller’s patents for technology relating to Advanced Metering Infrastructure (AMI) systems. Negotiated a favorable settlement with defendant. Mueller International, LLC et al v. Datamatic Ltd.
Mission Pharmacal Co. v. Virtus Pharma., LLC
Led the defense of generic pharmaceutical company in a case involving allegations of false advertising and infringement of a patent related to prenatal vitamins and iron supplements. The parties reached a confidential settlement right before trial. Mission Pharmacal Co. v. Virtus Pharma., LLC (W.D. Texas)
Mueller Systems, LLC et al v. Teti et al.
Represented Mueller Water Products, Inc. in suits for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by defendant, non-misappropriation of the defendants’ alleged trade secrets, and validity, inventorship, and ownership of client’s patent. Mueller Systems, LLC et al v. Teti et al. (E.D. Virginia and D. Massachussetts)
Represented several outdoor advertising companies in actions brought by a patent troll, T-Rex Property AB, for infringement of patents related to digital advertising technology. The parties reached a confidential settlement.
- Successful defense of various distributors in patent infringement actions relating to pipe couplings
Successfully transferred, deferred, or achieved dismissal of numerous patent infringement suits brought against a client’s distributors in favor of declaratory judgment suit filed by the client, the product manufacturer.
Won a significant jury verdict in the Northern District of Georgia under the Anti-Cybersquatting Consumer Protection Act (ACCPA) for a national provider of industrial and commercial waste and recycling solutions. The jury awarded full statutory damages, and the Court later awarded $185,000 in attorneys' fees to our client. The jury award and the attorney’s fee award were upheld on appeal to the 11th Circuit Court of Appeals.
The Massachusetts case, brought on behalf of Mueller Co., alleged that a competing fire hydrant distributor was making false claims about the characteristics and origin of Mueller’s fire hydrants and falsely claiming its hydrants were comparable to Mueller’s hydrants. Mueller asserted claims for trademark infringement, product disparagement, libel, and unfair competition. At the close of discovery, the defendant agreed to an injunction to cease all ...
Obtained consent injunctions in cases pending throughout Southeastern United States. Ceased the importation and sales activities of nearly one dozen gray market Yanmar tractor importers.
Resolved several cases in which client, a national gift and home goods manufacturer, asserted trade dress and design patent infringement claims against competitors. The cases involved the popular cylindrical packaging for wine glasses.
Represented a national athletic goods manufacturer in case defending the client's trademark registration in the color blue for tennis grip tape. Achieved favorable ruling from bench trial in the Northern District of Georgia in which the court upheld our client's trademark registration.
In a case involving allegations of copyright infringement of interior design portfolio photographs and related defamation claims, we achieved a settlement for our client, Meg Adams Interior Design, Inc.
Defended and achieved settlement in copyright infringement lawsuit brought in the Northern District of Georgia by a former employee of our client, a video production company. The former employee claimed to own the copyright in the commercials produced by our client.
Initiated and resolved trademark litigation for GradSave, a college savings plan company. The lawsuit, filed in the Southern District of Florida, asserted claims for trademark infringement against another web company using the mark “GradSaver.” The matter was settled confidentially.
Currently representing Gulf Synthetics in an action brought by former business partner and his new company claiming trademark infringement, defamation and trade secret misappropriation relating to the deck coatings business.
Achieved successful resolution of lawsuit involving copying of clients' "ABC’s of Life" poem, which was reproduced without permission on posters and plaques.
Represented Symco Group, Inc., a company that serviced check processing equipment, in a copyright infringement and trade secret action in the Northern District of California. The plaintiff alleged that Symco, as part of its regular servicing process, was improperly accessing the plaintiff’s software and therefore violating its copyrights in the software source code that was embedded in the check processing equipment. Following the court’s dismissal of ...
Achieved favorable settlement for client defending claims of copyright infringement for medical billing software.
Defended, and successfully settled, copyright infringement lawsuit brought against book publisher client that had used plaintiff’s photograph in book.
Represented Byrne Medical in patent infringement and false marking case relating to endoscopic devices. Negotiated favorable confidential settlement.
Represented Mueller Water Products, Inc. in action against Singer Valve, Inc. and Singer Valve, LLC alleging patent infringement of Mueller’s patent for an apparatus for the enhancement of water quality in a subterranean pressurized water distribution system. Negotiated a favorable settlement with defendants. Mueller Water Products, Inc. v. Singer Valve, Inc. and Singer Valve, LLC.
Represented Expanded Technologies, a leading manufacturer of expanded metals for the HVAC filter industry, in a suit for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by competitor. The litigation resulted in in a favorable confidential settlement.
Represented a major airline in claims brought by a former vendor alleging misuse of architectural plans for office space. Won motion to dismiss state-court conversion claims, and in subsequent federal copyright-infringement case based on the same underlying facts, conducted discovery and negotiated settlement in which plaintiff dismissed the case with prejudice and with no payments from our client.
Represented a global leader in mobile communications in a wide-ranging patent dispute against a competitor over patents relating to computer software, wireless communications, and touchscreen technology. The litigation resulted in a favorable settlement and license agreement.
Led defense of patent infringement case involving claimed method to detect autism by analyzing bodily fluids. After we filed two motions for summary judgment, the parties reached a confidential settlement. Great Plains Laboratory, Inc. v. Metametrix Clinical Laboratory
Defended educational products company in lawsuit alleging infringement of copyrights in cards for assistance with speech therapy. The court granted our motion for summary judgment, finding that there was no infringement of any copyright in the selection and arrangement of Plaintiff’s cards as a matter of law. Ristuccia v. Super Duper, Inc.
Represented leading carpet manufacturer and a subsidiary in defending a large trade secret case involving a method for manufacturing carpet cores from recycled materials. The parties reached a confidential settlement right before trial.
Led defense of case involving allegations of patent infringement and related claims based on a method of mapping SEC compliance information into a usable format. We obtained a dismissal of the patent infringement claim and then reached a confidential settlement on the related claims. NewRiver, Inc. v. Prospectus Central, LLC.
Joao Control & Monitoring Systems v. Comverge, Inc.
Handled the defense of a case for Comverge, Inc. in which the plaintiff, a non-practicing entity, claimed that Comverge infringed certain claims of a patent related to premises-monitoring technology. Successfully obtained a stay pending Inter Partes Reviews. The case was ultimately dismissed with prejudice, with no recovery from our client. Joao Control & Monitoring Systems v. Comverge, Inc. (N.D. Ga.)
Endeavor MeshTech, LLC v. Mueller Water Products
Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, Endeavor MeshTech, for infringement of a patent related to premises-monitoring technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. Endeavor MeshTech, LLC v. Mueller Water Products (D. Delaware)
Led the defense of H-E Parts against ESCO Corporation in a case involving allegations of trademark infringement and infringement of a patent related to excavator teeth on heavy equipment. We negotiated a favorable settlement with plaintiff. Esco Corporation v. H-E Parts et al.
Led the defense of Royal Metal against an inventor/patentee in a case involving claims of infringement of a patent related to industrial package assemblies. We negotiated a favorable settlement with plaintiff. Gray v. Royal Metal et al.
Handled two cases for separate defendants, Ascendx Spine and Sintea Plustek, LLC, in the District of Delaware. Both cases were brought by Orthophoenix, LLC, a non-practicing entity, and involved claims of infringement of certain patents involving medical device technology. The parties in both cases reached confidential settlements. Orthophoenix, LLC v. Ascendx Spine; Orthophoenix, LLC v. Sintea Plustek.
Activelight, Inc. v. Allure Global, et al.
Handled the defense of Allure Global in a case brought by a non-practicing entity, Activelight, Inc., involving allegations of infringement of patents related to digital signage. The parties reached a confidential settlement. Activelight, Inc. v. Allure Global, et al. (N.D. Ga.)
Led defense of third-party claims for defense and indemnification in patent infringement case involving technology designed to obscure credit card numbers on receipts. The parties reached a confidential settlement. Ware v. Genesco v. Micros Systems, Inc. and Datavantage Corporation.
Nxegen, LLC and Nxegen Holdings, Inc. v. Comverge, Inc.
At the client’s request, we took over the defense of a large and hotly-contested patent infringement case brought by Nxegen LLC and Nxegen Holdings Inc. The patents involved systems and methods for remotely monitoring and adjusting energy usage. Facing a tight discovery schedule, we managed to produce, review and analyze a voluminous number of documents, take and defend approximately 30 depositions in a one-month period, amend the complaint to allege ...
Handled the defense of Expression Beauty Works in a case involving claims of infringement of a patent related to crackle nail polish. Negotiated a favorable settlement with plaintiff. Kirker Enterprises v. Expression Beauty Works.
Led defense of claims of misappropriation of trade secrets and breach of loyalty in connection with departure of group of employees and establishment of competitive business. The parties reached a confidential settlement. Wells Fargo Foothill, Inc. v. Cratos Capital Partners, LLC.
Prevailed on summary judgment (affirmed on appeal by the Eleventh Circuit) on behalf of American Express in major copyright infringement action involving maps of Atlanta in a dining guide. Crownfire Publications v. American Express.
After two-week jury trial in federal court in Atlanta, won a multi million-dollar verdict, including attorneys’ fees, on behalf of plaintiff (a company involved in 3-D imaging technology) for its failed acquisition by defendant. ND3D, B.V. v. Image Technology International, Inc.
Led defense of New Hampshire-based company in patent and trade dress litigation involving drop prevention products. Assisted prosecution counsel with successful petition for Inter Partes Review at USPTO and successfully deferred related litigation, resulting in a favorable settlement for the client.
- Obtained jury verdict in favor of a non-profit advocacy group in trademark and defamation jury trial
Successfully defended non-profit advocacy group against claim that it did not own rights to its name.
Defended nation’s leading provider of health care services in patent infringement litigation concerning electronic medical records systems. The case was ultimately dismissed with prejudice, with no payments from the client.
Represented one of the world’s largest mobile communications companies in a successful defense at trial in an International Trade Commission investigation involving RF circuitry and baseband software in mobile phones.
Represented client in securing settlement of multi-party/multi-patent litigation allowing underwritten sale of publicly traded corporation.
Represented patentee in obtaining jury verdict against infringer resulting damages/fees/costs.
Represented patentee in jury trial resulting in multi-million dollar damages after successful defense of client’s patent portfolio.
Represented clients in defending against patent troll litigations, with a record of defeating troll patentees’ claims for damages.
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