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Webb Law | Litigation

Litigation

Areas of Focus:

  • Patent Infringement
  • Trademark Infringement
  • Complex Litigation
  • Trade Secret Misappropriation
  • Mediation
  • Contract Disputes
  • Domain Name Disputes
  • ITC Proceedings
  • Patent Interference
  • Counterfeit, Black Market, and Gray Market Goods
  • Expert Witness Testimony

Patent Litigation

The Webb Law Firm’s patent litigation team represents a wide range of clients across many industries and technologies.  Our patent litigators have experience in all aspects of litigation, including motion practice, discovery, Markman hearings, expert discovery, and trial.  Our extensive trial experience includes favorable jury verdicts in several notable cases, including the invalidation of the “shopping cart” patents.  We have litigated cases in some of the busiest patent dockets in the country, including the Eastern District of Texas, the District of Delaware, the Northern District of Illinois, the Central District of California, the Southern District of Florida, and the International Trade Commission (ITC).

Our approach to patent litigation focuses first on the strategic needs of our clients' businesses and their long-term goals.  Whether our clients desire a negotiated business solution, a cost-effective settlement, or principled litigation, our litigation team provides them with the support and expertise they need to successfully resolve their patent disputes.  The Webb Law Firm’s patent litigation team also protects our clients’ innovations through specially tailored IP enforcement strategies when our clients’ rights are infringed, and by defending against improper accusations of infringement.  We draw on our technical expertise and broad experience to help solve companies' most complex patent-related challenges.  Our network of technical experts are also ready to lend their hand in explaining complex technology and building a case against our clients’ opponents.

Our experience ranges across a wide spectrum of technologies, including Internet & web applications, mobile devices and applications, data processing & storage, sensing and monitoring, cryptography, big data analytics, networking hardware & software, distributed computing, e-commerce, medical devices, software, financial tools & instruments, mining, drilling, petroleum and natural gas engineering, biotech, and plants.  In addition to being experienced litigators, our patent attorneys are registered to practice before the U.S. Patent and Trademark Office, and often hold degrees in areas such as electrical engineering, computer science, chemistry, chemical and mechanical engineering, physics, or biology.

In addition, The Webb Law Firm has a track record of success in defeating vexatious patent claims and, in some cases, recovering attorneys’ fees.  Our technical prowess is the driving force behind this success.  Whether the target of broad and ambiguous patent assertions by non-practicing entities and “patent trolls,” or in the middle of hotly contested competitive infringement cases between competing companies, our focused IP lawyers can help.

Trademark Litigation

The Webb Law Firm works with its clients to help them maintain strong trademark rights regardless of whether they bring litigation against infringers and counterfeiters, or defend against improper assertions of trademark rights.  The litigators at Webb have experience nationwide—in both the state and federal courts—addressing claims including trademark infringement, unfair competition, counterfeiting (including seizure cases), false advertising, consumer protection, breach of contract, trade dress infringement, domain name disputes, and tortious interference.  Likewise, we have successfully handled these matters in arbitration and ADR proceedings.  Our litigators are experienced practitioners before the Trademark Trial and Appeal Board (TTAB) in opposition and cancellation proceedings, having appeared in thousands of proceedings collectively, and have handled proceedings before ICANN, the UDRP, and Customs.  Moreover, The Webb Law Firm routinely works with foreign counsel to protect our clients’ rights through litigation proceedings abroad.

A successful part of any brand strategy is thoughtful enforcement that is both efficient and effective.  The enforcement of trademark rights can require a rapid fire response, particularly where injunctive relief is at issue.  The Webb Law Firm team has significant experience handling such matters for our clients. We are prepared to implement a comprehensive strategy in a timely manner to safeguard client rights wherever and however they may be threatened.

Alternative Dispute Resolution (ADR)

In addition to regularly representing clients in ADR proceedings, our attorneys have developed significant expertise as neutrals.  The Local Rules for the U.S. District Court for the Western District of Pennsylvania (W.D. Pa.) have mandatory ADR requirements.  As a result, our firm's attorneys have been selected and served as mediators, early neutral evaluators (ENE), arbitrators, and special masters in numerous intellectual property (IP) litigation matters.  Given Webb's IP experience over our long history, some of our attorneys also serve as expert witnesses in IP-related disputes.

Appellate Practice

District court and USPTO proceedings are often just the first phase of a litigation matter.  Appeals are common, and The Webb Law Firm has the appellate expertise that our clients need to successfully challenge or defend a judgment.  Appeals require a fresh perspective to identify which issues are the most likely to help get the results our clients want.  We understand how to effectively assess a case and persuasively frame it for an appellate audience, leveraging the most critical facts and law to enhance the probability of a successful result.

The Webb Law Firm regularly appears and argues before the U.S. Court of Appeals for the Federal Circuit—the exclusive appellate court for all patent cases.  Our firm has been involved in more than a dozen cases at the Federal Circuit in the past few years, which have involved various cutting-edge legal issues, including patent-eligibility of computer-implemented processes, fee shifting in exceptional cases, hindsight reconstruction in obviousness judgments, and functional claiming of software modules.

Recent Matters

Soverain Software, LLC v. Newegg Inc. (Fed. Cir.; E.D. Tex.)
Alcatel-Lucent USA, Inc. v. Overstock.com, Inc. & Newegg Inc. (Fed. Cir.; E.D. Tex.)
Advanced Ground Information Systems, Inc. v. Life360 Inc. (Fed. Cir.; S.D. Fla.)
Kelora Systems, LLC v. Target Corp. et al. (Fed. Cir.; E.D. Tex.)
Wonderland Nurserygoods Co., Ltd. v. Thorley Industries LLC (d/b/a 4moms) (Fed. Cir.; W.D. Pa.)
TQP Development, LLC v. Newegg Inc. (Fed. Cir.; E.D. Tex.)
YYZ LLC v. Pegasystems, Inc. (D. Del.)
Kangaroo Media, Inc. v. YinzCam, Inc. (W.D. Pa.)
Digitech Image Techs. LLC v. Newegg Inc. et al. (Fed. Cir.; C.D. Cal.)
SFA Systems, LLC v. 1-800-Flowers.com, Inc. et al. (Fed. Cir.; E.D. Tex.)
eDekka LLC v. Various Online Retailers (E.D. Tex.) 
General Nutrition Corporation v. Arnell (W.D. Pa.)
Effective Exploration, LLC v. Pennsylvania Land Holdings Company, LLC and Coal Gas Recovery II, LLC (W.D. Pa.)
Zurco Inc. and Zurn Industries LLC v. Sloan Valve Co. (W.D. Pa.)
In the Matter of Certain Computers and Computer Peripheral Devices, and Components Thereof, and Products Containing the Same (U.S.I.T.C.)
MacroSolve Inc. v. Newegg Inc. (Fed. Cir.; E.D. Tex.)
Jennmar Corp. v. Excel Mining Systems, LLC (W.D. Pa.)
Energy Intelligence Group, Inc. v. United Steelworkers (W.D. Pa.)
Brookville Equipment Corporation v. A.L. Lee Corporation (W.D. Pa.)
Dummen NA, Inc. v. Sakata Seed America, Inc. (AAA arbitration and Santa Clara County, California)
Optimum Health Distributing Inc. v. Exclusive Supplements, Inc. (W.D. Pa.)
Hans Drake Corporation v. Intek Advanced Body Solutions (C.D. Cal.)
Steve Mencanin v. Fat Head’s Bales to Hoppy Ales, LLC, (C.D. Cal.)
Master Meter Inc. and Arad, Ltd. v. Sagentia, Ltd. (W.D. Pa.)
Eat’n Park Hospitality Group, Inc. v. Chicago American Sweets & Snacks, Inc. (W.D. Pa.)
Soverain Software, LLC v. Macy’s, Inc. et al. (E.D. Tex.)
Pragmatus Telecom, LLC v. Newegg Inc. (D. Del.; Fed. Cir.)
AdjustaCam, LLC v. Newegg Inc. et al. (E.D. Tex.; Fed. Cir.)