Intellectual Property Litigation
CONTACTS
Scott Amy
Partner, Atlanta
s.amy@pkhip.com
Joe Staley
Partner, Atlanta
j.staley@pkhip.com
Protecting innovation, brands, and competitive advantage.
Intellectual property disputes can threaten the assets that distinguish a business: its technology, brands, creative work, and confidential information. Resolving those disputes requires counsel who can understand the rights at issue, develop the evidence, and pursue a strategy grounded in the client’s commercial priorities.
Perilla Knox & Hildebrandt represents intellectual property owners and businesses accused of infringement, misappropriation, and related misconduct. Our litigation practice handles patent, trademark, copyright, trade secret, unfair competition, and false advertising disputes in federal and state courts and before administrative tribunals.
We combine litigation experience with the perspective of an intellectual property firm. Our work preparing and prosecuting patents, developing trademark portfolios, and counseling businesses on intellectual property protection informs how we enforce and defend those rights when disputes arise.
Understanding the assets. Building the case.
Effective intellectual property litigation begins with understanding what the client needs to protect and what the law allows. A dispute may concern the scope of a patent claim, the similarity of competing brands, ownership of software, or the alleged misuse of confidential business information. Each requires a different investigation and evidentiary record.
We work with clients to understand their products, technology, customers, competitors, and business relationships. We examine the underlying intellectual property rights alongside the conduct at issue, identifying the evidence needed to establish a claim, challenge an allegation, or assess potential exposure.
Our attorneys then translate that record into clear arguments for judges, juries, and administrative tribunals.
Technical knowledge and marketplace understanding.
Intellectual property disputes often involve detailed technical or commercial questions. Patent cases may require analysis of source code, circuitry, product designs, or manufacturing processes. Trademark and unfair competition cases may turn on packaging, advertising, purchasing decisions, and how customers encounter competing products. Trade secret cases may require tracing access to confidential information and investigating its alleged use.
Our attorneys bring technical backgrounds and experience across industries to that work. We collaborate with company personnel, inventors, engineers, and appropriate experts to identify the facts that matter and explain their significance.
We focus discovery and expert analysis on the issues most likely to affect the outcome, while accounting for the cost and disruption litigation can impose on a business.
Enforcement and defense informed by the full IP lifecycle.
The strength of an intellectual property claim often depends on decisions made long before litigation begins. Patent drafting and prosecution, trademark selection and use, ownership agreements, licensing terms, and confidentiality practices can all affect the rights and remedies available in a dispute.
Our broader intellectual property practice helps us identify those connections. We examine how rights were created, acquired, maintained, and used, as well as the limitations that may affect enforcement.
For rights holders, that perspective helps us assess the basis for a claim and anticipate potential challenges. For accused parties, it helps us investigate defenses, identify weaknesses in the asserted rights, and evaluate practical options for responding.
Strategy from the first demand through trial and appeal.
Litigation strategy often begins before a complaint is filed. We investigate potential violations, assess claims and defenses, prepare and respond to demand letters, and evaluate whether negotiation or formal proceedings offer the most effective path forward.
When litigation becomes necessary, we represent clients through pleadings, discovery, depositions, expert proceedings, dispositive motions, mediation, trial, and appeal. We also coordinate related court and administrative proceedings when a dispute involves multiple forums.
Throughout the matter, we reassess the evidence, costs, available remedies, and opportunities for resolution. The objective is to keep litigation decisions aligned with what the client needs to achieve.
Commercial priorities guide our approach.
An intellectual property dispute is also a business problem. The challenged conduct may affect a core product, a planned launch, a valuable customer relationship, or the client’s ability to compete.
We work with clients to assess those consequences alongside the legal merits. Our analysis considers the value of the rights at issue, potential financial exposure, competitive relationships, demands on company personnel, and the practical benefit of the available remedies.
Where a negotiated resolution advances the client’s interests, we pursue it. Where the dispute requires a court ruling or trial, we build the record and prepare the case accordingly.
Our Intellectual Property Litigation Services
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We represent patent owners and accused infringers in disputes involving utility and design patents. Our work addresses claim construction, infringement, validity, enforceability, damages, and injunctive relief, with technical analysis tailored to the asserted patents and accused products or processes.
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We handle disputes involving trademarks, service marks, product packaging, and other asserted trade dress. We develop enforcement and defense strategies addressing ownership, priority, likelihood of confusion, distinctiveness, functionality, dilution, and related unfair competition claims.
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We represent clients in disputes involving the ownership and alleged infringement of copyrighted works, including software, written materials, visual content, and other creative assets. We evaluate the scope of protection, alleged copying, licensing terms, available defenses, and potential remedies.
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We represent businesses seeking to protect confidential information and parties accused of misappropriation. These disputes require careful analysis of the information at issue, measures taken to preserve secrecy, access and use, contractual obligations, and evidence of alleged acquisition or disclosure.
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We handle claims involving allegedly misleading commercial statements, false designation of origin, and other unfair competitive conduct. Our approach examines the challenged representations, relevant market evidence, potential harm, and the relief available under the applicable law.
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We represent patent owners and challengers in proceedings before the Patent Trial and Appeal Board, including inter partes review and post-grant review. We coordinate those matters with related infringement litigation, considering timing, estoppel, potential stays, and consistency between positions.
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We represent patent owners and petitioners in PTAB proceedings and coordinate those matters with related court litigation. We evaluate how positions taken before the PTAB may affect claim construction, infringement, validity, and the broader resolution strategy.
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We represent clients in contested proceedings before the Trademark Trial and Appeal Board. Our work includes challenges to pending applications and existing registrations involving priority, likelihood of confusion, descriptiveness, abandonment, and other grounds affecting registration.
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We handle disputes concerning intellectual property licenses, assignments, ownership, and contractual rights. We evaluate the governing agreements, the parties’ conduct, and the relationship between contract claims and the underlying intellectual property rights.
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We investigate potential claims and help clients respond to allegations before litigation begins. Our work includes reviewing ownership and registration records, preserving evidence, analyzing challenged conduct, and preparing demand letters and responses tied to the client’s objectives.
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We represent clients seeking or opposing temporary restraining orders, preliminary injunctions, and permanent injunctions. We assess the factual and legal basis for relief, the evidence needed to support or challenge the request, and the consequences for the client’s operations.
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We develop and challenge evidence concerning financial harm and potential recovery. We work with appropriate experts on technical questions, consumer perception, damages, and other issues requiring specialized analysis.
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We represent clients in settlement negotiations, mediation, and arbitration. Potential resolutions may include licenses, coexistence agreements, confidentiality obligations, releases, product changes, and other terms tailored to the rights and business interests involved.
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We prepare intellectual property cases for trial, including witness preparation, expert testimony, and presentation of technical and commercial evidence. Our representation also includes post-trial motions, enforcement of judgments, and appellate proceedings.