Intellectual Property Defense and Enforcement


Patent Litigation 

Carlton Fields attorneys have practiced in all jurisdictions, including the District of Delaware, the Eastern District of Wisconsin, and the Eastern District of Texas. We have litigated cases related to medical operating tools, skin grafts, patient monitoring equipment, antioxidants, medical testing equipment and products, biotechnology, computer vision, video compression, semiconductor manufacturing and programming, computer software, telephone logging, Voice over Internet Protocol (VoIP), brewing, pharmaceuticals, food chemistry, protective clothing for chemical warfare, chemical processes; and simple mechanical products such as boat trailers, windsurfers, medical rubber gloves, and scissors. Our team includes the author of Horwitz on Patent Litigation, a three-volume treatise published by Matthew Bender/LexisNexis.
We also handle Section 337 cases before the International Trade Commission, increasingly the forum of choice. This experience is critical to resolving these cases, as they proceed on expedited timelines. The Section 337 matters we have handled include one the press called the largest case of its time, and another that had the largest number of parties.
Additionally, we practice before the Court of Appeals for the Federal Circuit, which hears all patent case appeals. Our appellate practice does not merely concentrate on appeals, but also provides trial support so cases are tried with an eye toward preserving the win on appeal. In this capacity we team with trial counsel (whether from our firm or another) to prepare and argue the dispositive legal motions that help preserve the record. 
Trademark Litigation 
Carlton Fields handles both administrative and civil trademark litigation. Our extensive experience also covers the preliminary injunction motions that trademark litigation so commonly involves. Additionally, we handle all administrative actions before the Trademark Trial and Appeal Board, including ex parte appeals, inter partes oppositions, and cancellations; as well as UDRP actions before both WIPO and the National Arbitration Forum. We litigate trademark cases throughout the United States, and have represented clients in trademark litigation and inter-party administrative proceedings in numerous countries around the world. 
False Advertising 
Carlton Fields helps clients ensure that their advertising is accurate and defendable. We also litigate false advertising cases in court, and in arbitration forums including the National Advertising Division of the Better Business Bureau. Our experience covers matters pending in U.S. and foreign forums, and representation of clients on both sides of the issue.
Our clients benefit from our dedicated national class action practice team of more than 70 lawyers, which handles complex class actions throughout the country, at every state and federal court level, including the U.S. Supreme Court. We have defended hundreds of high-exposure class actions across substantive areas. In the false advertising arena, we have represented, for example, a food manufacturer in the defense of a FDUTPA putative class action arising out of the sale and advertisement of probiotic yogurt and challenges to the nutritional or health claims of the product; an energy drink manufacturer in class action litigation asserting claims for deceptive and unfair advertising and marketing; and a food manufacturer in a proposed consumer fraud class action regarding the use of the word “natural” in granola bar labeling and advertising.
In addition to defending against claims of false advertising, and asserting these claims against competitors, our services include performing surveys to ensure that proposed advertising says what is intended, and supervising technical testing to ensure substantiation of advertising claims, including claim substantiation work for local and worldwide advertising launches. 
Trade Secrets / Noncompete Litigation
We  help clients protect trade secrets, and litigate claims regarding breach of restrictive covenants and fiduciary duties, unfair and deceptive trade practices, and violations of various computer and data security laws. Due to the multifaceted nature of this practice, we rely on our team’s extensive experience in IP, labor and employment, and litigation. Read more about our capabilities regarding trade secrets and non-compete litigation.

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