Litigation & Post-Grant Proceedings
For more than six decades, clients have turned to Sheridan Ross to address their most complex litigation and business issues. Our unique team of skilled litigators, who have strong technical backgrounds, understand the high-stakes nature of patent, trademark and trade secret disputes, and they have represented and defended clients in state, federal and appellate courts throughout the country. We also have a depth of experience handling post-grant patent proceedings and trademark opposition proceedings in front of the U.S. Patent and Trademark Trial and Appeal Boards. And when traditional litigation is not the right solution, we also represent clients in alternative dispute resolution matters.
In addition to our litigation team’s significant experience in cases involving software, electronics and medical devices, as well as mechanical, electrical, chemical, biologic and other scientific and engineering disciplines, we draw upon the diverse technical backgrounds of our patent prosecution lawyers and patent agents many of whom have advanced degrees and industry experience in their respective fields.
Similarly, when faced with trademark or trade dress disputes, our trademark attorneys rely on their decades of experience handling global portfolios with many moving parts. They have managed thousands of trademark applications and oppositions, and they assist our litigators with a comprehensive understanding of the nuances of our clients’ brands.
Despite the often highly technical nature of patent and trademark infringement cases and trade secret misappropriation cases, our clients’ litigation successes speak to our ability to present complex issues to judges and juries in ways that are persuasive and easily understood. In addition to our experience handling patent infringement cases, we have specific experience conducting infringement and validity analyses, assisting in claim construction hearings, and providing counseling at all stages of the litigation process. Our litigation team includes experienced courtroom advocates with strong technical backgrounds and industry experience that provides us with an upper‐hand in disputes.
Whether you are seeking to protect your issued U.S. patent or trademark, your trade secret, or you are looking to invalidate or oppose a competitor’s portfolio, we can assist you in evaluating all your options so you can make the most informed decision for your business.
Practice Group Leader
Trademark and Trade Dress Litigation
Our team excels at developing efficient, effective litigation and enforcement strategies related to trademark and trade dress disputes. Our litigators frequently work alongside our trademark attorneys to conduct due diligence and identify key experts for a specific case. In many cases, our team develops a multi-step strategy that includes simultaneous proceedings in state or federal courts along with the U.S. Trademark Trial and Appeal Board (TTAB). We have a depth of experience handling TTAB cases including successfully defending cases appealed to the Federal Circuit.
Our team also frequently handles trademark and trade dress disputes in emerging venues including disputes with e-commerce and online retailers who are selling infringing products. Our litigators are skilled at creating complex monitoring systems that help our clients identify and eliminate counterfeit and fraudulent goods from online sources. Also, we excel at partnering with clients with large trademark portfolios who are seeking to protect their reputations by minimizing competition within a specific marketplace.
Practice Group Leader
With the enactment of the America Invents Act, every company must consider how post-grant review proceedings can be used to protect their position in the marketplace. Our attorneys work with clients to assess patents newly issued to competitors to determine whether additional challenges should be levied against the patent in the form of a Petition for Review.
Oftentimes, the opportunity to launch a post-grant review has passed when a client is served with a lawsuit alleging patent infringement. Sheridan Ross has substantial experience launching and defending inter partes reviews of patents implicated in a new lawsuit. The inter partes review process focuses exclusively on patent validity and can help to streamline case management. We will work with you to determine if and when such a challenge makes sense for your case.
International Trade Commission
Market exclusivity is the goal of any business. Under Section 337 of the Tariff Act, the International Trade Commission can stop the import of infringing products at the border. While the ITC will not address monetary damages for infringement, the ITC does have the power to stop you or your competitors from importing goods that infringe US patents and trademarks. Through efficient and effective filings, Sheridan Ross can work with you toward the goal of achieving market exclusivity for your patented product through actions initiated under Section 337. If you happen to be on the receiving end of a Section 337 action, our attorneys can work with you toward the goal of defeating the ITC’s investigation or the petitioner’s efforts to prevent future imports.
Practice Group Leader
In the face of high-cost, high-stakes and uncertain outcomes in court, an increasing number of clients are seeking lower-cost and quicker alternatives to the traditional litigation. Our attorneys are skilled at utilizing a range of solutions that meet individual client needs including arbitration, mediation, early neutral intervention and other forms of dispute resolution. In most cases, alternative routes offer a more predictable budget and outcome that allows our clients to continue meeting their business goals in tandem with addressing their litigation issues.