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Litigation & Investigations Intellectual Property Litigation

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Overview

In today’s globally connected economy, it has never been easier to access and disseminate new ideas and technology. Of course, this means that the threat of unauthorized use of intellectual property (IP) has never been greater. Our IP lawyers deliver strategic counsel on how to defend, protect, and enforce IP rights and assets—from single entrepreneurial endeavors to complex portfolios of IP assets for large corporations.

Prepared to take the optimal course of action.

IP disputes are often settled by crafting resolutions that avoid litigation. There are times, however, when litigation is the right course and that’s when Hinckley Allen’s IP Litigation practice truly excels. From the outset, we work with clients to understand the risks, costs, and prospective benefits associated with various legal strategies. Only then do we litigate the case to achieve the solution that best matches your business and strategic objectives. Our experienced team has litigated and tried patent, trademark, unfair competition, trade secrets, and copyright cases in courts throughout the United States and abroad.

Services

We provide robust representation in all areas of IP protection. Our IP lawyers are experienced and active practitioners in all facets of litigation, from case filing through trial and appeal:

Patent Litigation

  • Patent validity/invalidity
  • Patent infringement/non-infringement
  • Inequitable conduct and patent enforceability/unenforceability
  • Defense of non-practicing entities (“troll”) litigation
  • Markman proceedings
  • Preliminary injunctions
  • Structured settlements, including licensing
  • Trials and appeals

Trademark Litigation and Unfair Competition

  • Enforcement and defense of trademark infringement lawsuits
  • Internet-based infringements, including domain name disputes
  • Prosecute and defend opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board (TTAB)
  • Preliminary injunctions
  • False advertising
  • Trials and appeals

 Trade Secret Litigation

  • Prosecute and defend trade secret misappropriation issues
  • Preliminary injunctions
  • Experience in a wide variety of matters—consumer products, military weaponry, construction, software, financial services, medical devices and industrial
  • Trials and appeals

Copyright Litigation

  • Prosecute and defend infringement issues in federal courts around the country
  • Internet-based infringements
  • Copyright validity and enforceability issues
  • Preliminary injunctions
  • Experience in consumer products, software, mechanical and visual arts, music, publishing, construction, and media
  • Trials and appeals

Case Studies

Hinckley Allen Client Lacerta Group Wins Patent Trial

Hinckley Allen client Lacerta Group prevailed in defense of a patent infringement action brought by Inline Plastics Corp., which alleged infringement of five patents for tamper-evident and tamper-resistant plastic food containers. After a 13-day trial, the…

Hinckley Allen Successfully Defends Atkins & Linkletter Heirs in The Game of Life Dispute

Hinckley Allen won a significant victory in the First Circuit Court of Appeals involving the copyright authorship of the iconic Game of Life. The win comes after years of litigation involving the copyright grant for the Game of Life and whether it is eligi…

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Newsroom

Publication

Video: Protect Your Investment: Legal Solutions That Safeguard Your Intellectual Property

October 3, 2023

When you are investing in and developing intellectual property, it is important to protect it to maintain your market advantage and ensure that unauthorized users don’t trespass on what you created. If you don’t protect your intellectual property, it w…

Publication

Video: Securing Your Innovations: Success in Intellectual Property Litigation

October 3, 2023

When it comes to intellectual property litigation, a company’s IP is at stake, but also its reputation. At the onset of a case, we work with clients to assess whether or not litigation is the right course of action based on the strength of the IP being a…

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Firm News

Hinckley Allen Named a Best Law Firm by Best Lawyers Since 2010

November 2, 2023

Best Lawyers has recognized Hinckley Allen as a Best Law Firm for the 14th year in a row. Firms included in the 2024 Best Law Firms list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tie…

Firm News

57 Hinckley Allen Lawyers Included in 2023 Super Lawyers and Rising Stars Lists

October 12, 2023

A total of 57 Hinckley Allen attorneys were named to the Super Lawyers® and Rising Stars lists in Connecticut, Massachusetts, New Hampshire, Rhode Island, and Upstate New York for 2023, including those newly recognized as well as featured in Top Lists.Ger…

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