IP Litigation

When litigation and other IP enforcement controversies arise, Hamilton Brook Smith Reynolds has experienced trial lawyers ready to protect and advance the interests of clients, both as plaintiffs and as defendants. The firm has a proven track record in litigation that ranges from representation of Fortune 500 companies with hundreds of millions of dollars in dispute, to individuals with more modest amounts at stake, but which nevertheless can constitute “bet the company” disputes. In addition to representing clients in Massachusetts federal and state courts, the firm's litigators have been lead counsel in cases in New York, Delaware, Texas, California, Illinois, and elsewhere around the country.

The firm's philosophy in litigation and other disputed matters is that success is measured by achieving the client's overall business goal for the matter, not merely by “winning the case.” We understand that client goals can sometimes be best achieved by a vigorously fought litigation through trial and appeal, while other client goals are best achieved by negotiation, mediation or other dispute resolution process. Therefore, we believe that close communication with the client is the key to developing a successful strategy adapted to the client's particular needs. The strategy must also be constantly reevaluated as the matter develops. Attention to costs is a critical component of our communications with clients to ensure that the strategy fits the dispute's practical value, as well as the client's current and long term budget realities. 

The firm's litigators have extensive experience in matters as diverse as patent infringement; trade secret misappropriation; disputes over employee invention assignment agreements; license disputes; invention ownership disputes arising from joint research and development projects; trademark infringement and counterfeiting; contested matters at the Patent and Trademark Office including patent interference, patent reexamination, and trademark opposition and cancellation proceedings; and copyright infringement. 

 In addition to their own legal and/or technical backgrounds, our litigators also draw upon the full technical expertise of the firm's other lawyers and technical specialists to tailor the staffing of matters to the individual client's particular needs.