Intellectual Propert ...

Intellectual Property Litigation

With the increasing risk of intellectual property infringement in today’s business environment, protecting and enforcing intellectual property rights requires immediate and decisive action, including pursuing litigation and securing injunctive or monetary relief for damages. Butler Snow’s Intellectual Property Litigation Group has extensive experience in complex intellectual property, anti-trust and unfair competition litigation, including matters concerning trademark, copyright and patent infringement, false advertising, trade secret misappropriation, trade dress infringement, domain name disputes and franchise termination. Our attorneys are experienced in all areas of intellectual property, technology commercialization, domestic and international licensing. We represent clients in both federal and state trial and appellate courts.

Our clients range from multinational organizations with established worldwide intellectual property and technology interests to individuals and start-up entities entering the domestic or international marketplace for the first time. We are focused on providing the assistance needed for today’s complex technology and intellectual property issues.

Our management work plan for IP litigation strategy depends on the size and complexity of the matter, the business goals, whether our client will be the plaintiff or defendant, the role of in-house counsel and the level of involvement of our client. Our team’s initial strategy is updated regularly, beginning with the decision on whether it is best to take an offensive rather than defensive posture. Our general trial strategy is to marshal the proof around the desired theme of the case, developed in consultation with the client and, in a number of cases, with experts and consultants.


  • FedEx v. AccuSort (W.D. Tenn. 2006).  Case involved claims of breach of contract, misappropriation of trade secrets and technology, conversion and breach of fiduciary duty in connection with FedEx’s contract with AccuSort, the world’s largest supplier of bar code scanning technology. Prior to trial the Court granted summary judgment to FedEx on the antitrust counterclaim of AccuSort. After several days of trial, the parties agreed to a settlement in which AccuSort paid several million dollars to FedEx.
  • Gnesys, Inc. v. Boyd Greene & Associates Inc., U.S. District Court (W.D. Tenn.). Following the defendant’s violation of an injunction, we successfully obtained an order of contempt, damages (both actual and exemplary) and attorneys’ fees on behalf of the plaintiff in this action involving patent infringement and trademark infringement. The Sixth Circuit Court of Appeals affirmed the trial court decision in all respects.
  • Trilogy Communications, Inc. v. Times Fiber Communications, Inc., 109 F.3d 739 (Fed. Cir. 1997). Lead counsel for defendant coaxial cable manufacturers in a patent infringement action seeking $132 million in royalties and attorneys’ fees. The case was dismissed by summary judgment on grounds of non-infringement, and was affirmed on appeal.