Intellectual Property Disputes

Protecting Your Future

Your intellectual property can become compromised by an employee, competitor or an online hacker, putting your company’s future at risk.  Alternatively, you may be accused of intellectual property infringement.  At Lurie, Zepeda, Schmalz, Hogan & Martin, we prosecute and defend matters related to our clients’ valuable intellectual property, including client lists, manufacturing processes, software and product design.  Throughout the process of gathering evidence, formulating a strategy and seeking resolution, we remain sensitive to your goals and needs.

Some of Our Intellectual Property Disputes Cases

  • Successfully defended vacuum pump service provider against copyright, tradename, trademark, and trade secret claims brought by vacuum pump manufacturer and asserted by way of counterclaim antitrust claims against manufacturer for refusal to sell replacement parts.  Defeated manufacturer’s motion for summary judgment directed to dismissal of antitrust and unfair competition claims. Won summary judgment for dismissal of trade secret claims based on statute of limitations. Secured advantageous settlement on eve of trial permitting provider with right to purchase parts and continue to do business.

  • Successfully represented an insurance brokerage in prosecuting claims of breach of fiduciary duty relating to employee embezzlement and misappropriation of trade secrets.  Employee had stolen  confidential client information.  After two-month jury trial, jury rendered $1.1 million verdict in favor of client.  Obtained judgment against the employee as well as her new employer for misappropriation of trade secrets.  

  • After one-month jury trial, achieved a verdict in client’s favor for claims of misappropriation of trade secrets and breach of contract against a former employee.  Client manufactures military tactical gear under government contracts, creating complex issues of ownership of goods.  Former employee had stolen confidential information and used it to open a competing manufacturer.  Following the jury’s verdict, the court issued a permanent injunction against former employee.

  • Successfully defended a manufacturer of French fry vending machines against claims of misappropriation of trade secrets  in a $100 million lawsuit  brought by a competitor.  By demonstrating the technological differences between product designs, convinced plaintiff to dismiss the case against client for no payment of money.  

  • Represented a major software developer against claims of trade secret misappropriation and breach of implied contract brought by a screenwriter relating to development of personal fitness video game. Drafted key motions in limine, resulting in favorable settlement on eve of trial.

  • Prosecuted claims on behalf of fruit bar (paleta) manufacturers against distributor of ice cream products for unfair competition and violations of federal and state antitrust law.  Case was settled under an agreement by which distributor aborted its “customer loyalty” program, which violated laws respecting tying arrangements, and agreed to refrain from requiring tying arrangements.

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