Our Practice

Complex IP Litigation, Inter Partes Conflicts & Mediation and Arbitration

W|N has over 20 years of experience in litigating complex cases that involve all aspects of intellectual property including patents, trademarks, copyrights, and trade secrets, as well as peripheral issues that stem from these cases, such as unfair competition and other competitive wrongs. We have successfully handled oppositions in patent and trademark tribunals here and abroad, and our trial practice group is also experienced in enforcing IP rights overseas.

We also have provided successful mediation and arbitration services in several major patent disputes, with some of our senior members having been admitted to the National Patent Board, an organization dedicated to training and supporting mediation of patent cases.

The following is a representative list of accomplishments in our complex litigation area:

Finisar Corporation v. The DIRECTV Group, Inc., No. 1:05-CV-0264 (E.D. Tex. 2006) (damage award of over $120 million).

Icon Health and Fitness, Inc. v. The Nautilus Group, Inc., No. 1-02-CV-109TC (D. Utah 2006) (awarding $7.8 million in damages).

Seiko Epson Corporation and Epson America, Inc. v. Eyecon Marketing Inc., FA0512000609195 (Nat’l Arb. Forum Jan. 23, 2006) (enforcing trademark holder’s rights in domain name dispute).

Boynton v. Headwaters, Inc., No. 02-1111 (W.D. Tenn. 2005) (summary judgment dismissing claims).

Lifetime Products, Inc. v. IQ Management Corporation, WIPO D2004-0719 (2004) (enforcing domain name rights).

The Nautilus Group, Inc. v. Icon Health and Fitness, Inc., No. C-02-2420-RSM (D. Wash. 2004) (summary judgment of noninfringement, later summarily affirmed by the Federal Circuit Court of Appeals).

EMC Corp. v. Columbia Data Products, Inc., No. 2:01-CV-00312 (D. Utah Aug. 13, 2004) (ruling on summary judgment against invalidity, against CDP’s counterclaims, and in part for literal infringement).

International Commission for Accreditation of Professional Genealogists v. Know Your Heritage Organization, Proceeding No. 92032963 (T.T.A.B. Oct. 30, 2003) (successful trademark opposition and cancellation).

3Com Corp. v. Xircom, Inc., No. 2:00CV0436C (D. Utah 2002) (resulted in settlement of $15 million).

Mitek Surgical Products, Inc. v. Arthrex, Inc., 21 F. Supp. 2d 1309 (D. Utah 1998) (finding no infringement).

Ultradent Products, Inc. v. Life-Like Cosmetics, Inc., No. 95-CV-163C (D. Utah 1995) (judgment awarding $1.4 million in damages).

Jeppsen v. Piper, Jaffray & Hopwood, Inc., 879 F. Supp. 1030 (D. Utah 1995) (upholding arbitration award).