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IP Litigation
Yomtobian Law litigates high-stakes patent cases in federal courts nationwide and has been involved in actions against tech giants like Apple and Amazon. The firm has deep experience with cutting-edge technologies like smartphone cameras, Voice-over Internet Protocol, and two-factor authentication, among others.
Represented Or Litigated Against The Top Companies In The World
Patent Litigation
Patent litigation involves legal disputes over the infringement, validity, or ownership of patents. Patents grant inventors exclusive rights to their inventions for a limited period, typically 20 years from the filing date. When these rights are challenged or violated, patent litigation becomes necessary to protect intellectual property assets.
Common Patent Litigation Scenarios:
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Infringement Claims: When a competitor uses, makes, sells, or imports a patented invention without permission
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Validity Challenges: Disputes questioning whether a patent should have been granted in the first place
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Ownership Disputes: Conflicts over who has the right to hold or license a patent
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License Disagreements: Disputes over the terms, scope, or validity of patent licensing agreements
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Standard Essential Patents (SEPs): Complex litigation involving patents essential to industry standards
Trademark Litigation
Trademark litigation involves disputes over the use, registration, and protection of trademarks, service marks, trade dress, and other brand identifiers. Trademarks protect distinctive signs, symbols, words, or designs that identify and distinguish goods or services in the marketplace.
Common Trademark Litigation Issues:
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Trademark Infringement: Unauthorized use of a protected mark that causes consumer confusion
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Counterfeiting: Intentional use of identical or substantially similar marks on competing goods
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Unfair Competition: Broader claims involving deceptive business practices and consumer confusion
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Trade Dress Infringement: Disputes over product packaging, design, or overall appearance
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Cybersquatting: Domain name disputes involving bad faith registration of trademarked terms
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Dilution Claims: Protection of famous marks from uses that blur or tarnish their distinctiveness
Copyright Litigation
Copyright litigation involves disputes over the unauthorized use, reproduction, distribution, or display of original creative works. Copyright law protects original works of authorship fixed in a tangible medium, including literary works, musical compositions, software code, photographs, videos, and other creative expressions.
Common Copyright Disputes:
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Direct Infringement: Unauthorized copying, distribution, public performance, or display of copyrighted works
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Contributory Infringement: Liability for knowingly facilitating others' copyright infringement
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Vicarious Infringement: Liability based on the right and ability to control infringing activity
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Digital Millennium Copyright Act (DMCA) Claims: Online copyright enforcement and safe harbor provisions
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Software Piracy: Unauthorized copying or distribution of proprietary software
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Work-for-Hire Disputes: Conflicts over copyright ownership in employment or contractor relationships
Protected Works and Rights:
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Literary works including books, articles, and software code
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Musical works and sound recordings
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Dramatic works including screenplays and choreography
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Pictorial, graphic, and sculptural works
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Motion pictures and audiovisual works
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Architectural works and compilations
Trade Secret Litigation
Trade secret litigation involves disputes over the misappropriation, theft, or unauthorized disclosure of confidential business information that derives economic value from being secret. Unlike patents, trade secrets can be protected indefinitely as long as they remain confidential and provide competitive advantage.
What Qualifies as a Trade Secret:
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Technical Information: Formulas, processes, methods, techniques, or know-how
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Business Information: Customer lists, pricing strategies, marketing plans, or financial data
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Software: Source code, algorithms, or proprietary programming techniques
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Manufacturing Processes: Production methods, quality control procedures, or equipment specifications
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Research Data: Experimental results, clinical trial data, or development timelines
Common Trade Secret Claims:
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Employee Misappropriation: Former employees taking confidential information to competitors
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Corporate Espionage: Unauthorized acquisition of trade secrets through improper means
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Breach of Confidentiality: Violations of non-disclosure agreements or confidentiality obligations
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Reverse Engineering Disputes: Questions about proper vs. improper methods of discovering secrets
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Joint Venture Disputes: Conflicts over shared confidential information in business relationships
Legal Requirements for Protection:
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Information must be secret and not generally known
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Information must derive economic value from secrecy
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Reasonable efforts must be made to maintain secrecy
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Information must be subject to reasonable secrecy measures
Federal and State Law Framework:
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Defend Trade Secrets Act (DTSA) providing federal civil remedies
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Uniform Trade Secrets Act (UTSA) adopted by most states
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Economic Espionage Act (EEA) providing criminal penalties
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Common law trade secret protection in remaining jurisdictions
