PRACTICES - Intellectual Property

Intellectual Property Litigation

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If your intellectual property is jeopardized, so is the health of your business. DRM’s IP litigators have the business acumen to help you identify and evaluate all the options relative to your business objectives and the legal ingenuity necessary to counsel you on the best course of action to achieve those goals.

In today’s fast-paced global economy, success is often predicated on a businesses’ intellectual property asset(s). This means if your intellectual property is jeopardized – either through a lack of adequate protection, poor strategic planning, infringement, or theft – so is the health of your business. With regard to IP litigation, DRM’s arsenal includes the following:

Patent Litigation. If your patent rights are violated, or the patent rights of others threaten your business, DRM’s patent litigators have the technical, legal, and project management skills required to achieve an efficient, strategic, and cost-effective resolution.

Post-Grant Proceeding | AIA Trials. DRM’s attorneys have the experience required to handle any post-grant proceeding before the USPTO, including Inter partes Review (IPR), Post Grant Review (PGR), Covered Business Method Review (CBM), Ex parte Reexamination, Reissue or Derivation Proceedings. And, our collaborative approach to strategic development ensures your business objectives are at the forefront of every decision made throughout the proceeding.

Trademark Litigation and False Advertising. DRM’s deeply experienced trademark attorneys are adept at negotiating settlements, executing coexistence agreements to resolve issues amicably, and, ideally, avoiding the need to spend more on legal fees to litigate, all to ensure that your brand, and budget, remain intact.

Copyright Infringement Litigation. DRM’s copyright infringement lawyers have significant experience litigating and resolving copyright disputes in a number of contexts and a variety of industries. While typically our first course of action it to use alternative resolution tactics such as arbitration, negotiation, cease and desist letters, or takedown notices, our team can effectively litigate your matter should that be necessary.

Trade Secret Misappropriation Litigation. The Wall Street Journal recognized DRM for its role in obtaining one of the largest Trade Secret Misappropriation judgments ever awarded in the state of Vermont. This case was noteworthy not only because of the size of the judgment but also more importantly because of DRM’s use of technology in proving our client’s case.

DRM’s IP litigators are known for creative strategies that resolve disputes to meet our client’s goals.

At the outset of your case, we will work with you to develop a litigation plan that meets your needs — including strategy, business objectives, communication protocols, and, of course, budget. As events unfold, you can expect to be closely involved in strategic discussions and quickly informed of developments. For more about how we manage intellectual property litigation, be sure to read the Client’s Bill of Rights.

If you’d like more specific information about our IP litigation capabilities and how we manage IP litigation, please contact Cathleen Stadecker or Thomas Kohler.

DRM’s IP litigators bring your adversaries to the table and your case to a close, quietly and efficiently.

Our IP trial lawyers have litigated cases across the country seeking and defending against injunctions and damages concerning trade secrets, copyrights for the description of thousands of food products sold over the internet, trademark disputes with the largest media company in the world, and cutting edge patents covering innovative LED lighting, automated packaging machinery, snowboard bindings, plastic mold making dies, medical devices, mobile surgical facilities, hand pumps, and other technologies.

Our litigators have appeared in both state and federal jurisdictions across the country. Should your matter take you beyond U.S. borders, our position as the exclusive member firm in Vermont forLexMundi – the world’s leading network of independent law firms with in-depth experience – provides one-call access to lawyers in 100+ countries worldwide. If you are looking for IP litigation law firms, contact Downs Rachlin Martin today.

Matthew S. Borick

Director

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Tristram J. Coffin

Director

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Morgan S. Heller II

Director

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Walter E. Judge

Director

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Thomas D. Kohler

Director

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Attorney Jennifer McDonald

Jennifer E. McDonald

Director

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Kevin C. McGrath

Director

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Cathleen E. Stadecker

Director

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William Morris

William J. Morris, III

Of Counsel

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Jennifer Drake

Jennifer Drake

Associate

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Evan J. O’Brien

Associate

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Intellectual Property Litigation

Beer Wars: Take 2 – Stone Brewing Sued by Sycamore Brewing for Trademark Infringement

In a turn of events, Stone Brewing was itself hit with an infringement lawsuit by the Sycamore Brewing of North Carolina.
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Vermont Bar Association Mid-Year Meeting

Attorney Billy Clark to present at the 2022 Vermont Bar Association Mid-Year Meeting. Together with his co-presenters, Billy will cover Intellectual Property Basics.
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Jury Trials During the Pandemic: Unvaccinated Jurors May Be Excluded For Cause

Courts across the country are temporarily suspending jury trials amid the Omicron variant wave.
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The Future of Remote Litigation And Benefits Of In-Person Depositions And Proceedings For Attorneys And Clients

As we continued efficiency and flexibility of remote proceedings, but also from increasing in-person interactions that fuel better communication and results.
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