Intellectual Property Litigation

LOSMP provides clients with IP enforcement, protection, and strategic counseling on a global scale. We competently and efficiently handle patent, trademark, trade dress, trade secret, right of publicity, domain name, copyright, and related litigation in a variety of state, federal, and appellate courts, as well as before administrative tribunals and arbitration panels.

Patent Litigation

‍LOSMP represent clients in end-to-end strategic disputes with competitors.  LOSMP has extensive experience in trying cases in venues across the country where patent infringement cases are often litigated, including district court(s), such as the central district of California.  Trial readiness is a cornerstone practiced at LOSMP.  We believe the best litigation results, whether achieved at the bargaining table or in court occur when the client prepares for a trial.  Thus, LOSMP’s strong trial-based case development optimizes our client’s chances of favorable settlement and case resolution.  

Trademark Litigation

‍LOSMP represent both plaintiffs and defendants in trademark, trade dress, domain name, false advertising, unfair competition, and related Lanham Act and state law claims.  We handle all phases of litigation for our clients, including applications for emergency injunctive relief, declaratory judgment proceedings, trials, and appeals.  LOSMP implement global brand protection programs, with particular acumen in complex litigation involving trademark licensing, parallel trade, trademark infringement, trademark counterfeiting, trade dress infringement, trademark dilution, false advertising, fair use, and related claims including the Communications Decency Act (CDA) preemption and right of publicity disputes.  LOSMP have particular experience in early-stage brand identity disputes.  LOSMP also regularly practice before the Trademark Trial and Appeal Board (TTAB) in specialized cancellation and opposition proceedings.  

Copyright Litigation

‍We represent our clients in an array of copyright matters.  LOSMP possess deep copyright expertise in matters including the application of copyright law to digital health, gaming, and other online environments as well as literal and non-literal copying claims, open source, DMCA safe harbors, secondary liability and fair use issues.

Trade Secret Litigation

‍LOSMP assists our clients in all aspects of trade secret disputes. We have significant experience in defending restrictive covenants and exposure under the inevitable disclosure doctrine, and in the interplay between trade secret laws and the Communications Decency Act, 47 USC 230(c). LOSMP also has expertise in California labor issues involving transfer and ownership of intellectual property rights from inventors to employers, especially in early-stage companies.

General Business Litigation‍

LOSMP has valuable experience in representing clients in a broad range of business disputes.  Especially disputes relating to early-stage research and development technology companies.  LOSMP routinely advises on disputes relating to contract interpretation and enforcement, disputes between principles and inventors, claims against vendors, suppliers, lenders, licensing agreements, material transfer agreements, master service agreements, non-disclosure agreements, and clinical trial agreements.  LOSMP’s expertise in the areas of business organizations, real estate, corporate and securities laws, and intellectual property laws gives LOSMP the ability to effectively handle complex legal issues touching multiple areas of law and business.

Administrative / Patent Office Litigation

LOSMP routinely enforces or defends our client’s IP rights in complex trial proceedings before the Patent and Trademark Trial and Appeal Board (PTAB).  Notably, litigation before the PTAB has become increasingly popular, primarily due to the speed and lower cost of trials, as compared to federal court litigation. LOSMP assists clients in all aspects of Patent Office proceedings including interferences, oppositions, inter partes review (IPR), post grant review (PGR), covered business methods reviews (CMB), or derivation proceedings.