Retransmission Copyright Infringement»
We defended a telecommunications company in a copyright infringement
action brought by the NFL arising from the retransmission of certain
game telecasts by a major Canadian cable provider. After defeating a
preliminary injunction motion and limiting discovery, we won summary
judgment on a “passive carrier” defense and the case was dismissed.
See National Football League v. InSight Telecommunications
Corporation, 158 F. Supp. 2d 124 (D. Mass. 2001).
We represented a software design company in a federal diversity
action to recover funds due under a software license agreement and
related service agreements. After litigating motions for prejudgment
security, we obtained a settlement.
We represented a biotechnology company in two trademark
infringement, false advertising and unfair competition matters
relating to its direct competitor’s marketing activities, which
resulted in documented customer confusion about whether the
competitor was affiliated with the client’s domain name, website,
trade name and advertising. In one matter, after receiving our
demand letter, the infringing competitor agreed to refrain from
using the mark in question to describe its products or services.
Term Sheet to Acquire Biotechnology License»
We represented a public biotechnology company in a claim against a
company which had signed a term sheet to assign a technology license
from the National Institutes of Health and had accepted a $250,000
deposit for that assignment. The defendant had failed to disclose
the existence of a third-party patent affecting the license, as well
as its own counsel’s opinion regarding the validity of that patent.
We obtained a preliminary injunction barring transfer of the license
pending further proceedings.
We represented a provider of photographic identification technology
and software in a dispute regarding inventorship rights to facial
recognition software and digital video recording products. After
filing a lawsuit, we obtained a settlement.
Hardware Patent Infringement»
We served as co-counsel to a window hardware manufacturer in defense
of a patent infringement action by a competitor. After discovery and
motions regarding claims construction, we obtained a settlement.
Misappropriation of Trade Secrets»
We represented a software company claiming that a street furniture
company and a venture capital firm obtained its trade secrets during
discussions about entering into a joint venture on a government
procurement, but then used those trade secrets to bid on the project
with another company. After serving a demand letter under Mass. Gen.
Laws Chapter 93A and extensive negotiations, we obtained a
Misappropriation of Web Site»
We defended investor employees in an Internet company against claims
by other private equity investors alleging misappropriation of
intellectual property and corporate opportunity. After extensive
negotiations, we obtained full releases for our clients and their
new company’s acquisition of the disputed intellectual property.
Misappropriation of Restaurant Trademark»
We defended a co-owner and president of a major Boston restaurant
against claims that he had trademarked the name of the restaurant in
his own name and therefore misappropriated a corporate opportunity.
After discovery and extensive mediation of other disputes among the
company and its owners, we obtained a buy-out of our client’s
interests in the company in exchange for, among other things,
assignment of the trademark and logo to the company.
Convenience Store Trademark Infringement»
We represented a food market company with a distinctive trademark
and logo in a claim against a gas station company using an
infringing mark at its gas station food marts. After sending a
demand letter under Mass. Gen. Laws Chapter 93A, we obtained an
agreement that the other party would cease using the mark and would
pay damages for past infringement.
Management Trademark Infringement»
We defended an asset management company in a federal trademark
infringement lawsuit. We obtained a settlement where the plaintiff
paid our client to cease using the disputed name and mark and to
defray the expenses of transitioning to a new name and mark.
Security Patent Infringement»
We served as co-counsel to an engineering company in defense of a
patent infringement lawsuit concerning airport security enhancement
technology. The case settled after discovery concerning, among other
things, the existence of prior art.
Breach of Software Development Agreementtribution»
We recently represented a staffing software company in litigation with a temporary physician staffing company regarding the performance of certain software and level of customization required by the license. After extensive discovery and a mediation, we obtained a favorable settlement for our client.
Electrical Component Patent Infringement»
We served as co-counsel defending a manufacturer of electrical components against a patent infringement action by a competitor. After negotiations regarding reasonable royalties, we obtained a settlement.
Trade Dress Infringement»
We defended a distributor of shoes and sneakers in an action by a manufacturer for trade dress infringement. After investigation into prior art and negotiations regarding reasonable royalties, we obtained a settlement.
Prior Art Research and Subpoena of Documents»
We served as co-counsel to an explosive detection system technology company in defense of a patent infringement action by a competitor. We spearheaded the preparation and coordination of subpoena service upon several companies throughout a variety of industries. We subsequently negotiated the production of documents from these same companies to support the client’s affirmative defenses to infringement.
Misappropriation of Trade Secrets»
We obtained a preliminary injunction for an architecture and design firm specializing in design of medical and research facilities against a former partner and competing firm for misappropriation of trade secrets.
Breach of License Agreement»
We currently represent a company providing digital software solutions to major league sports teams in a dispute under a license agreement over payment of royalties on products allegedly incorporating the licensor’s source code and IP.
Patent Infringement – Subpoenas »
We represented a private manufacturing company subpoenaed in a patent infringement case involving mobile computer workstations and an inventor subpoenaed in a patent infringement case involving mobile phone and text messaging technology.