What Do Our IP Litigators Do?

Your intellectual property — patents, trademarks, copyrights, and trade secrets — is often the engine behind your business’s success. It’s what makes you unique and gives you a competitive edge. But what happens when someone infringes on those rights, or when you’re accused of stepping on someone else’s? This is where intellectual property (IP) litigation comes into play, and where skilled IP litigators become your most critical allies.

Understanding the role of an IP litigator is the first step toward protecting your valuable assets. Our legal professionals navigate the complex world of IP disputes, advocating for clients whose core business assets are on the line. The IP litigators at Emerson Thomson Bennett will explain what IP litigators do, from representing clients in court to managing disputes before they escalate, to help you understand how we can safeguard your company’s future.

Core Responsibilities of an IP Litigator

An IP litigator is a unique attorney who represents clients in disputes over intellectual property. Their role is multifaceted, requiring a deep understanding of both the law and the specific technologies or creative works at the heart of each case. Here are some of their primary responsibilities.

1. Representing Clients in Court

The most visible role of an IP litigator is advocating for clients in federal and appellate courts. This involves both offensive and defensive strategies.

• Enforcing Intellectual Property Rights: If another party uses your patented invention, trademark, or copyrighted material without permission, our litigators will file a lawsuit to stop the infringement and seek damages for any harm caused. We build a robust case to prove your ownership and the infringer’s unauthorized use.
• Defending Against Infringement Claims: Conversely, if your business is accused of infringing on someone else’s IP, our team will mount a vigorous defense. We analyze the claims, challenge the validity of the other party’s IP, and work to protect you from unwarranted legal action and financial penalties.

2. Pre-Litigation and Strategic Planning

Effective IP litigation often begins long before a lawsuit is filed. A proactive approach can resolve disputes more efficiently and, in some cases, avoid court altogether.

• Investigation and Due Diligence: Our litigators conduct thorough investigations to assess the strength of a potential case. This includes gathering evidence, interviewing key individuals, and performing early case assessments to identify risks and opportunities. This diligence also extends to mergers and acquisitions, where we evaluate IP portfolios to ensure their value and clear any potential legal hurdles.
• Strategy Development: We develop comprehensive litigation and enforcement strategies tailored to your business goals. This can involve coordinating legal actions across multiple jurisdictions or planning a phased approach to negotiations and court proceedings.

3. Working with the USPTO and Other Administrative Bodies

Not all IP disputes unfold in a courtroom. Many are handled through administrative proceedings, and our litigators are equipped to represent clients in IP situations. 

We frequently work with government bodies like the U.S. Patent and Trademark Office (USPTO) and the International Trade Commission (ITC). These proceedings can involve challenging the validity of a competitor’s patent, opposing a trademark application, or blocking the importation of infringing goods.

4. Alternative Dispute Resolution

Court battles can be lengthy and expensive. Whenever possible, we explore alternative dispute resolution (ADR) methods to achieve a favorable outcome for our clients. Our IP litigators are skilled negotiators who can handle high-stakes settlement discussions, mediation, and arbitration. Crafting licensing agreements or other negotiated settlements can often provide a faster, more cost-effective resolution that still protects your core interests.

Why Choose Emerson Thomson Bennett?

When your most valuable assets are at risk, you need a legal team with a proven track record. Our IP litigators combine legal acumen with a deep understanding of business and technology. We don’t just see a legal problem; we see a business challenge that requires a strategic, results-oriented solution.

We are dedicated to protecting our clients’ innovations and brand identities. By handling everything from pre-litigation analysis to courtroom advocacy and settlement negotiations, we provide comprehensive support designed to secure your intellectual property and support your long-term success. Our IP litigators explain what we do — from representing clients in court to managing disputes before they escalate — so you can better understand how we safeguard your company’s future.

Protect Your Intellectual Property Today

Your intellectual property is too valuable to leave unprotected. Whether you need to enforce your rights, defend against a claim, or navigate a complex administrative proceeding, a skilled IP litigator is essential. Our team is ready to help you develop a strategy that aligns with your business objectives and safeguards your competitive advantage.

If you are facing an intellectual property dispute or want to proactively protect your assets, don’t wait. Contact the experienced IP litigators at Emerson Thomson Bennett for a consultation today.