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IP Litigation

Overview

Harness IP delivers distinct, winning strategies that maximize the bottom line both in and out of court. Our litigators have impressive backgrounds in science, engineering, and business, allowing them to turn complex technical and legal ideas into to straightforward solutions that deliver the win. Our firm’s exclusive focus on intellectual property further enables us to take on any dispute or adverse proceeding in all areas of IP law.

Intellectual property disputes typically rise to the attention of the highest level executives because the stakes usually implicate important products and services with substantial revenue. Protecting IP boundaries that define market share is critical. Yet, the days of whatever it costs to win are an adage of the past.

We deliver both the depth and breadth of IP litigation, trial and appellate experience and talent at a far more competitive price. When selecting trial counsel for important IP disputes, it is imperative to look behind the curtain. There is a difference between having “experience” in IP litigation and actual trial wins, summary judgment grants, Markman successes, and appellate affirmances. Our track record is impeccable. We face serious competitors, represented by expensive firms located in larger cities, yet have a track record as good as any firm in the nation. Our results are objective and verifiable. How do we do it? We have lawyers with real trial experience, meaning that they have tried and won many cases.

Winning is paramount, yet cost is rarely irrelevant. Because of our Midwest billing rates, we routinely get cases through trial, or to other successful junctures such as Markman and summary judgment, for a fraction of the cost of firms located in larger cities with much higher costs of living. These costs are, of course, passed on to your company. With budgets tightening, firms in the larger cities are routinely staffing cases with lower level associates in an effort to keep costs down. At Harness IP, our clients receive the benefit of the expertise, insight and talent of senior and veteran litigation partners for about the cost of a senior associate and with less than half that experience as our competitors on the coasts. This provides our clients with a significant competitive advantage in these high stakes litigations.

Harness IP views every case as unique, and never employs a cookie cutter approach. We work closely with our clients to set creative strategies that have the best possible chance of succeeding. We have stringent standards for controlling costs, and welcome clients that seek alternative billing arrangements or dependable budgets.

Our firm handles the highest of stakes litigation. This experience includes precedent setting cases before the U.S. Supreme Court, such as Octane Fitness, Myriad and CBC. v. Major League Baseball. We handle patent, trademark, and other IP disputes in federal courts throughout America, including suits by NPEs in the most notorious jurisdictions in the country. We also have demonstrable experience in closely related PTAB Proceedings before the USPTO. 

Our record is impeccable in terms of trial wins, summary judgment grants and case ending Markman results. Because every dispute and competitive situation is different, we forge our solutions accordingly by delivering tangible and practical experience in federal court, before the Patent and Trademark Office and the ITC, as well as by devising other hybrid approaches to problem solving. We have also won awards for our federal court litigation and appellate advocacy.

When Congress enacted the AIA, a team of Harness IP lawyers mastered the new contested matter proceedings, including IPR and post grant proceedings. We were first in the country to handle a proceeding before the Patent Office, and have since successfully executed many such proceedings.

We are committed to mutually beneficial, long term relationships. We welcome the opportunity to meet and discuss your specific needs at no cost. We will also devote the necessary time it takes to learn your business free of charge.

Focus Areas

Patent Litigation

We get results in patent litigation for the world’s most innovative and respected companies. When it comes to patent litigation, we are aggressive advocates, persuasive negotiators and effective trial and appellate attorneys who consistently deliver victories for our clients both inside and outside of the courtroom. Our patent litigation clients include some of the most innovative and respected companies in the world. They come to us when they need the highest level of legal representation at a fair cost, whether it involves the plaintiff or the defense side.

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Trademark Litigation

Harness IP is known for world class trademark litigation. Our litigators are industry leaders in the prosecution and defense of the full spectrum of trademark related claims. We handle all aspects of such disputes, ranging from informal negotiations to trial and appeal — and often with millions of dollars at stake. Our attorneys take a practical, business oriented approach to resolving trademark disputes, ever mindful of the critical balance between cost and result.

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Copyright Litigation

Harness IP maintains an impressive history of the successful litigation of copyright claims. The Firm is committed to winning even the toughest and most complex copyright cases, demonstrating our absolute commitment to our clients and their rights.

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Domain Name Disputes

In the last decade, the Internet has intensified the complexity of protecting your brands in the global marketplace. Domain names, especially those that include your company name and trademarks, represent your company on the Internet. Worldwide, there are currently over one billion people online searching for information about companies and the goods and services that they sell. While the Internet offers opportunity to effectively promote your company and its products and services, it has also made it far easier for unscrupulous individuals and entities to use domain names that mimic your company name and trademarks to drive traffic illegally to their websites and away from yours.

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Appellate

Harness IP goes the distance when it comes to delivering effective appellate advocacy. Particularly so for appellate law, the quality of the legal counsel retained is critical to the success of the outcome. A party is only afforded its appeal brief (and a short reply brief if the party is the Appellant) and fifteen minutes of oral argument to convey its case — so, every word counts. Harness IP’s Appellate lawyers are highly skilled at making the most of every written and spoken word to persuade the appellate judges in their favor.

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Trade Secrets & Unfair Competition

Trade secret and unfair competition matters move quickly. It is critical to retain counsel that can jump into action. Harness IP can assemble the right team — immediately. We have both asserted and blocked motions for temporary restraining orders and preliminary injunctions on very short notice. We are experienced in initiating investigations and designing a strategy based on our client’s primary objectives. We have experience in the full array of civil cases involving trade secrets, unfair competition, misappropriation, espionage and employee raiding.

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Arbitration & Alternative Dispute Resolution

The natural complement to litigation is alternative dispute resolution (ADR). For parties seeking an efficient and reasoned result through ADR, Harness IP has experience moderating disputes in the highly technical areas of patents, trademarks, copyrights, trade secrets, and licensing disputes, among other intellectual property matters. Our team of attorneys includes members of the American Arbitration Association, for example, who are able to combine their ADR expertise with decades of experience in intellectual property law to reach fair and reasoned decisions.

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