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Intellectual Property Litigation

  • Chapman Spingola IP litigation team recently obtained judgment for Tulsa-based investors following a three-day bench trial and substantial post-trial briefing and argument before the Delaware Court of Chancery. The court found that the investors’ general partner had conspired with a longtime friend to fraudulently transfer all of the business’s assets away from the business and the investors. The court entered judgment against the defendants for breach of fiduciary duty and for aiding and abetting those breaches. The court also avoided all of the fraudulent transfers and, over the general partner’s objections, appointed a liquidating trustee to liquidate the business.
  • Our patent litigation team successfully defended client software company from claim that the company was obligated to indemnify customer for patent infringement. The patent infringement and indemnity claims were resolved without our client having to contribute any money towards resolution.
  • We tried an arbitration claim in which our client, a software licensee, sought an injunction forcing the software developer to comply with his obligations under a software development agreement to escrow the developed source code. The Arbitrator ordered the software developer to execute a software escrow agreement and to deposit the source code into escrow.
  • Chapman Spingola was hired to take over the handling of emergency injunction proceedings concerning a federal trademark lawsuit pending in the United States District Court for the Northern District of Illinois. Through a creative litigation and transactional strategy, our team was able to quickly secure important trademark rights for our client that assured continued market share without the need for protracted and expensive litigation.
  • Our patent infringement team recently reached settlement on behalf of a software company accused of infringing a series of patents asserted by a non-practicing entity. Our team quickly dissected the issues of infringement and validity which created momentum for quick resolution for our client before the expenditure of material attorney’s fees in a case pending in the District Court of Delaware.
  • We recently defended a software company against claims that its image recognition technology infringes several patents.  The case was brought in the Eastern District of Texas, one of the most plaintiff-friendly jurisdictions in the country with a reputation for yielding substantial patent infringement jury verdicts.  Our IP litigation team worked quickly and creatively to develop the technical aspects of the defense and presented non-infringement and invalidity contentions that ultimately persuaded the plaintiffs to settle the case for a nominal amount, obviating the need for our client to spend substantial resources on expensive patent discovery.
  • We successfully defended a technology company against an opposition action before the Trademark Trial and Appeal Board. Following the parties’ completion of written discovery, we negotiation a settlement whereby our client made nominal, nonmaterial changes to the description of its products in exchange for petitioner’s dismissal of its opposition action with prejudice.
  • We successfully defended an e-commerce company against claims of copyright infringement, trademark infringement, consumer fraud, and tortious interference in a lawsuit filed in the United States District Court for the Northern District of Illinois by our client’s largest competitor. Case settled for a confidential nominal amount following the completion of written discovery.
  • The world’s largest manufacturer of projection screens hired our team to bring a legal malpractice action against a large Indiana law firm arising out of an allegedly mishandled cease and desist letter that resulted in expensive patent infringement litigation. We filed the case in Indiana federal court, and the dispute was amicably resolved before the parties served their initial discovery requests.
  • Our team obtained a confidential settlement on behalf of a wholesale stamp manufacturer and distributor in a series of patent infringement claims.  We worked closely with the client’s CEO and President to develop the technical and damages theories and asserted claims in three separate lawsuits for infringement and contributory infringement against the client’s primary competitors.  The legal strategy resulted in a global resolution of all claims, a confidential lump sum cash payment upon settlement, and multiple new accounts and business on a going forward basis which will add millions of dollars of revenue to our client’s business.
  • We obtained a $1 million settlement on behalf of a client who provided subcontracting services and related proprietary software in connection with a major city’s subsidized housing program.  At mediation, we made a strong presentation that the primary contractor’s claims of breach could not be legally substantiated and that the contractor had, in effect, already been paid for our client’s services.  The settlement represented more than an 80 percent recovery for our client and avoided costly discovery and lengthy arbitration.
  • We successfully defended the industry leader in industrial storage equipment design (used by big box stores like Home Depot and Lowes) against a multi-million dollar claim that certain industrial equipment infringed the patent of a Canadian company.  After obtaining favorable claim construction rulings, we developed a solid non-infringement defense through expert testimony and uncovered other defense theories that threatened to render the asserted patent invalid and unenforceable and allow our client to recover its attorney’s fees.  After 5 years of litigation, no injunction was issued, no money damages were awarded, and the case was recently dismissed with prejudice.
  • A well-known online retailer hired our firm to defend against a copyright infringement, unfair competition, and trade dress claims asserted in a federal district court in Tampa, Florida.  After one year of litigation, the case was settled for a nominal amount.
  • A former officer of catalog-giant Spiegel hired us to defend against claims of copyright infringement and RICO violations asserted in a Chicago federal court.  After filing several motions to dismiss that narrowed the scope of the asserted claims and after presenting the defendant officer for deposition, the defendant officer was voluntarily dismissed from the case.
  • Our team designed and executed a litigation strategy and settlement structure for technology genius Swift Engineering, Inc. that netted Swift $22 million.  Swift developed a breakthrough technology that launched the next generation of unmanned vehicles used by the government for intelligence missions.  Two Fortune 500 defense contractors asserted intellectual property rights in the technology that conflicted with Swift’s ownership rights.  We got involved when the parties were just steps away from multi-million dollar infringement litigation in California federal court.  We helped to quickly construct a three-party, out-of-court settlement whereby Swift sold some of the technology to one defense firm and licensed another portion of the technology to the other defense firm in exchange for royalties.  As part of the settlement, Swift also secured long-term technology support contracts with both defense contractors that will create substantial revenue for Swift over the next decade.
  • Our team successfully prosecuted a patent infringement action on behalf of a well-known international jewelry manufacturer and supplier against a competitor who was using patented diamond settings without authorization to do so.  Within a few months and after a day-long presentation of evidence, the defendant agreed to cease and desist from further infringement, in addition to other confidential terms of settlement.
  • A local television personality hired our firm to bring misappropriation claims against an international media giant for copying script for a popular television series.  After presentment of a demand letter and draft complaint, the case was settled for a confidential amount.
  • A family-owned technology business hired us six months prior to trial of its legal malpractice claim in a Madison, Wisconsin state court.  The claim arose out of the defendant patent law firm’s failure to timely pay the required fees to the United States Patent and Trademark Office in order to maintain the enforceability of the technology business’ key patents.  We vigorously prepared the case for trial and after one day of trial, the case settled for a confidential amount.
  • We recently represented a private equity firm in bringing suit in the Commercial Division of New York County state court for breach of contract and fraud against buyer of software company.  In less than one year of litigation, we obtained a confidential favorable settlement that yielded a 100% recovery for our client.
  • We recently completed the negotiation of a complex tri-party agreement relating to the ownership of custom software that had been created at the request of a Fortune 500 company.  By devising a creative resolution concerning these significant IP claims (including patent and copyright infringement), our client was able to avoid costly litigation and, more importantly, has been able to maintain a strong working relationship with one of its biggest customers that will yield millions in revenue for our client going forward.
Commercial Litigation
Intellectual Property Litigation
Reported Decisions