Intellectual Property Litigation

Smith Gambrell & Russell’s Intellectual Property Litigation Group provides strategic, business‑focused advocacy for companies whose intellectual property drives value and competitive advantage. We work closely with clients to protect, enforce, defend, and monetize their IP, ensuring that litigation strategies align with broader commercial goals.

Our team has deep experience across all areas of intellectual property litigation, including patent, trade secret, trademark, and copyright disputes, as well as unfair competition claims under state and federal statutes such as the Lanham Act and the Sherman Act. We are highly effective at developing and executing enforcement and defense strategies in complex, high‑stakes matters.

Members of the IP Litigation Group have served as lead counsel in hundreds of matters before courts nationwide, the U.S. Patent and Trademark Office, and other regulatory bodies. Our experience includes leading major patent cases involving market values exceeding $1 billion, as well as disputes across a broad range of technologies and industries, from software, semiconductors, pharmaceuticals, and chemicals to manufacturing, automotive products, and medical technologies.

With the depth to handle the largest and most complex disputes, and the agility to efficiently manage smaller matters, SGR offers flexible, innovative solutions tailored to each client’s needs.

Select representative experience includes:

Patent Litigation

• Represented a client asserting an 18-wheeler inflation-deflation device patent (along with a Lanham Act claim) in a “funded” case. Matter settled on a very favorable basis following discovery and claim construction.
• Represented an industrial/commercial HVAC equipment and controls manufacturer against competitor’s claims of infringement involving five patents. The case settled following discovery and claim construction ruling.
• Represented pharmaceutical companies in numerous Hatch-Waxman cases, including securing a trial victory of non-infringement for a generic pharmaceutical company allowing early entry into a market valued at over $100 Million.
• Served as Special Master to the District Court for claim construction in two cases. Cases settled after claim construction hearings.
• Represented a BIOS company against claims of infringement of twenty patents. Prevailed on all patents and recovered exceptional case attorney’s fees.
• Represented the plaintiff and served as lead counsel in what at time was largest set of patent cases (MDL) pending in the U.S. The outside counsel team obtained settlements in the nine figures.
• In 2026, we argued an appeal in a major technologies case before the Federal Circuit Court of Appeals.
• Represented clients in numerous claim construction hearings including in 2026 hearings in the Eastern District of Pennsylvania and Central District of California. These hearings involved inflatable “toppers” and solvents for flexographic printing.
• Represented a major minerals company in a trial regarding the issue of whether H2O is an acid. After obtaining a trial victory, case resolved favorably under a “high/low” settlement agreement.
• Represented clients in all of the major patent jurisdictions across the United States including the Northern District of California, the Central District of California, the Eastern District of Texas, the District of Delaware, the Southern District of New York, the Northern District of Illinois, the Eastern District of Pennsylvania, the District of New Jersey, the Western District of Wisconsin, the Southern and Central Districts of Florida, and the Northern District of Georgia.

Trade Secrets Litigation

• Represented a leading aftermarket parts and engine supplier for commercial jets. Claims involved alleged theft of trade secrets, filed in both Texas and Kansas. Entire dispute settled after winning dismissal of Texas case.
• Represented an executive against claims by a former employer alleging misappropriation of trade secrets, breach of confidentiality, Computer Fraud and Abuse Act, and related claims; the case settled after discovery and after we won major claims on summary judgment.
• Represented a traffic equipment manufacturer and obtained a jury verdict for defendants after a five‑week trial involving alleged theft of trade secrets and breach of non‑competition covenants.
• Successfully untangled an independent underwriting organization and key personnel from competitor claims alleging misappropriation of confidential and trade secret information under the Defend Trade Secrets Act (DTSA) and breach of restrictive covenants, enabling continued competitive activity and avoiding our client being named in a DTSA suit in SDNY.
• Obtained a temporary restraining order in SDNY on DTSA trade secret misappropriation claims, including seizure and forensic examination of electronic devices and accounts to recover misappropriated information; subsequently secured withdrawal of an unlawful seizure lawsuit after our motion to dismiss.
• Obtained a temporary restraining order for a major luxury apparel company to enforce restrictive covenants and recover misappropriated confidential and trade secret information, resulting in a settlement requiring cessation of competitive activity and return of company data.
• Secured a temporary restraining order against former employees of a national recruiting firm to halt competitive activity and recover misappropriated confidential and trade secret information, followed by a final settlement.
• Represented an employer in an action against a former executive for breach of restrictive covenants and DTSA violations, securing the return of confidential and trade secret information and cessation of competitive activity during the restricted period.

Trademark Litigation

• Secured a favorable ruling before the Trademark Trial and Appeal Board in a cancellation proceeding involving competing claims to a widely distributed digital product mark. The decision followed extensive discovery and dispositive motion practice.
• Prevailed in a domain name dispute resulting in transfer of a contested domain to a client after demonstrating bad faith use and infringement. Related litigation was resolved through settlement after initial motion practice.
• Represented organizations within several industry sectors including real estate, hospitality, healthcare practice management and support, health insurance, health care, and electronic components distribution, in multiple domain name enforcement actions, successfully securing transfer of infringing domains. The work supported brand protection and online enforcement strategy.
• Filed and prosecuted a cancellation proceeding before the USPTO based on non‑use and fraud grounds involving a beverage industry mark. The matter involved complex administrative and evidentiary issues.
• Represented an insurance and managed care company, handling trademark, copyright, and internet domain matters including trademark prosecution and registration matters, litigation against infringers and domain name enforcement and purchase of domain names.
• Represented a technology company for several years with patent and trademark prosecution matters, contract negotiations with U.S. and foreign companies and litigation matters.
• Successfully defended the only trademark infringement case ever brought against the American Bar Association.
• Prosecuted the first successful fraud action before the Trademark Trial and Appeal Board in six years.
• Defeated plaintiff’s motion for preliminary injunction against data industry clients on claims of trademark infringement, unfair competition, and tortious interference with contract and prospective economic advantage. Plaintiff then dismissed its case with prejudice.

Copyright Litigation

• Represented a family-owned licensor of designs for gravestones asserting claims of copyright infringement against Fortune 500 company. After a lengthy discovery, we won summary judgment that the defendant infringed 200 of client’s copyrighted designs. Case settled before trial.
• Obtained summary judgment in a copyright action involving television advertising.
• Represented a media distribution company in hundreds of user copyright piracy cases.
• Represented a consortium of Big Ten and other major university libraries in connection with the “Google Books” copyright case.
• Litigated matters concerning authorship and ownership rights to a 1960s standard rock ’n’ roll song, substantial similarity of various articles of Judaica, and use of pre-existing material in the design of oriental carpets.

Unfair Competition Litigation

• Defending against antitrust counterclaims in a matter pending in the District of Delaware.
• Tried a case alleging customer poaching through deceptive sales tactics; the matter settled after the close of evidence with our client paying no damages.
• Won several contempt proceedings where clients were accused of violating stipulated injunctions prohibiting unfair competition and Lanham Act violations.
• Challenged unfair competition by a competing anesthesiology group; a state court jury awarded compensatory damages and $875,000 in punitive damages, plus attorneys’ fees.
• Litigated unfair competition and false advertising claims in federal courts, including an action involving sale of counterfeit food items, in addition to TTAB proceedings.

IP‑adjacent Regulatory and Appellate Litigation

• Led one of the few successful court challenges against the U.S. Office of Foreign Assets Control (OFAC).
• Represented a foreign sovereign in two federal appellate matters.