Intellectual Property Litigation for the Everyday Lawyer Seminar Materials


Intellectual property permeates every part of the law. IP litigation is complex and confusing. Simply knowing the concepts, terms, and special concerns that arise in the context of IP disputes will better prepare and inform any litigator or transactional attorney about the most valuable aspect of their clients’ businesses to enable counsel to identify issues before they become a vast liability. This publication provides [1] an IP litigation overview, [2] coverage of copyright, trademark, patent, and trade secret disputes, and [3] a summary of IP litigation issues.

This comprehensive, stand-alone publication is direct from a March 2013 seminar. It is available as a searchable PDF via download. Click here for more information on electronic books.


  1. Copyright Litigation
  2. Trademark Litigation
  3. Patent Litigation
  4. Trade Secrets Litigation

Copyright © 2013 Virginia Law Foundation. All rights reserved.

Table of Contents

Table of Contents

Intellectual Property Litigation for the Everyday Lawyer

Copyright Litigation

Thomas M. Dunlap

    I. What is copyright?
    II. How to secure copyrights
    III. What is protected – copyright owner’s exclusive rights (17 U.S.C. § 106)
    IV. How long does protection last?
    V. What registration gets the copyright owner
    VI. Infringement of copyrights
    VII. Limitations on copyrights
    VIII. Other Defenses
    IX. Special Forums
    X. Remedies
    XI. Resources
    Appendix A - Sample DMCA Notice
    Appendix B - Sample Declaration in Support of a DMCA Subpoena

Trademark Litigation
Thomas M. Dunlap

    I. Background
    II. Infringement
    III. Trademark Litigation
    IV. Remedies
    V. Affirmative Defenses
    VI. Resources

Patent Litigation Overview
James G. McEwen

    I. Overview
    II. Pre-Filing Considerations
    III. Lawsuits Attacking Intellectual Property
    IV. Filing the Complaint
    V. Responding to the Complaint
    VI. Other Procedural and Pretrial Issues
    VII. Preparation for Trial
    VIII. The Pretrial Order
    IX. Trial and Judgment
    X. Post Trial Proceeding
    XI. Remedies
    APPENDIX A - Pre-Filing Investigation When Samples Are Not Available

Trade Secrets Litigation
Thomas M. Dunlap

    I. Background
    II. Pre-Litigation
    III. Misappropriating
    IV. Definition of Trade Secret
    V. Actual or Threatened Misappropriation and the Inevitable
    Disclosure Doctrine
    VI. Remedies
    VII. Special Points
    VIII. Resources
    APPENDIX A - Sample Protective Order


    Power Point Presentation - intellectual property litigation for the
    Everyday lawyer
    Power Point Presentation - Patent Litigation Overview


Thomas M. Dunlap, Dunlap, Grubb & Weaver / Leesburg
Thomas M. Dunlap's practice focuses on commercial and IP litigation. He has represented clients
in copyright disputes all over the United States, particularly of note the Hurt Locker,
Expendables, and The Mechanic films, for which he was named by the Hollywood Reporter one
of Hollywood’s “100 Most Powerful Lawyers.” He has the only published state court case in the
Commonwealth of Virginia involving a federal trademark dispute and has handled a large
number of patent infringement and invalidity claims in federal courts around the country. Mr.
Dunlap is admitted to Virginia, Maryland, and Washington, DC, and the federal courts of
Colorado. He holds a J.D. from Washington & Lee University and an MS in Biotechnology
from the University of Maryland.

James G. McEwen, Stein McEwen, LLP / Washington
Mr. McEwen, Partner, received a Bachelor of Science degree in Aerospace Engineering from the
University of Texas in 1993, and J.D. with honors from George Washington University National
Law Center in 1996, where he was a staff member of the Public Contract Law Journal. He is
admitted to practice law in the Commonwealth of Virginia and the District of Columbia, and is
registered to practice law before the U.S. Patent and Trademark Office. Mr. McEwen has
prepared and prosecuted patent applications in computer hardware and software, control systems,
mechanical and optical devices, semiconductor manufacturing and manufacturing equipment,
battery and battery manufacturing methods, data encoding and decoding methods and devices,
and display device technologies. In addition, he has prepared and been involved in patent validity
and infringement opinions, reissue and reexamination proceedings, intellectual property
licensing and settlement negotiations, intellectual property licensing with elements of the Federal
government, trademark prosecution, domain name disputes, trade secret protection, and provided
litigation support in patent infringement claims.


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