Intellectual Property Litigation for the Everyday Lawyer Seminar Materials

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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.

CONTENT SUMMARY

Copyright Litigation
Trademark Litigation
Patent Litigation
Trade Secrets Litigation

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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 PRESENTATIONS

   Power Point Presentation - intellectual property litigation for the
   Everyday lawyer

   Power Point Presentation - Patent Litigation Overview

Authors

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.