Intellectual Property Litigation

• Trade secret
  • Asserting state and federal claims for misappropriation of clients’ most important confidential trade secrets, and identifying attendant civil and/or criminal causes of action for theft or fraud
  • Investigating data exfiltration and conducting forensics to determine scope of misappropriation and appropriate remedies
  • Proactively assessing clients’ practices to assist with establishment and maintenance of reasonable measures to protect trade secrets, including review of business practices and relevant agreements
• Patent
  • Handling offensive and defensive patent infringement claims (utility and design patents), including evaluating portfolios, assessing infringement for offensive and defensive purposes, assessing validity, and handling all aspects of patent litigation
  • Coordinating strategies and handling disputes across multiple judicial bodies, including district courts, the ITC, and the PTAB
  • Asserting clients rights against patent overreach and non-practicing entities including antitrust patent misuse
  • Assessing portfolio strength and identifying potential targets for litigation or licensing purposes
  • Handling PTAB proceedings, including IPRs
  • Representing parties and amici in appeals to the Federal Circuit and Supreme Court
  • Prosecuting client’s patent portfolios
• Trademark
  • Litigating Lanham Act claims for trademark infringement, unfair competition, commercial disparagement
  • Responding to allegations of infringement and responding to cease-and-desist letters and other demands
  • Handling TTAB proceedings, including trademark oppositions, cancellations, and appeals
  • Prosecuting client’s trademark portfolios
• Additional services
  • Successfully resolving cybersquatting, reverse-cybersquatting, domain sniping and other WIPO domain name disputes

Scale LLP’s nontraditional structure and the breadth of experience of our attorneys aligns with our client’s IP litigation needs, including leveraging financing, litigating with nimble teams, and sharing risk with clients.