Practice Strengths

Baker Hostetler represents clients in all types of Intellectual Property (IP) cases before juries, judges, arbitrators and federal agencies. No matter what forum or dispute resolution process is being used, we are able to translate the issues into readily understandable language. We work with our clients in all types of IP litigation to make sure the most effective team of lawyers is deployed. Our patent litigation teams usually consist of jury trial lawyers joined by patent lawyers with relevant scientific and technical backgrounds. Additionally, as a result of our firm's long history in the fields of anti-counterfeiting and trademark and copyright infringement, we have a dedicated team of lawyers and nationwide protocols in place to mobilize and seek ex parte seizures and temporary restraining orders from courts around the nation on short notice.

Our experience also includes effective representation of clients in specialized proceedings, such as the United States Patent and Trademark Office (USPTO) trademark oppositions and cancellation actions, Section 337 proceedings at the International Trade Commission (ITC), border control through the U.S. Customs Service proceedings, and proceedings at the Federal Trade Commission (FTC) and appeals before the Court of Appeals for the Federal Circuit -- the exclusive appellate panel for adjudicating the appeals of patent infringement cases. Our worldwide capabilities extend to non-U.S. courts and agencies through Baker Hostetler's network of affiliates and affiliated offices.

We endeavor to understand the business objectives of the IP litigation in which our clients are involved and to keep the nature, tone and cost of the litigation within the context of those objectives. This requires us to maintain a constant flow of communication regarding any available litigation options and to manage cost expectations.

Leadership in Action

IP Litigation: Successfully representing one of the largest shirt manufacturers in the world accused of patent infringement

Client: Esquel Enterprises, Ltd. Of Wanchai, Hong Kong, and Esquel Apparel, Inc. of New York, New York

Type of Matter: ITC Section 337 Investigation

Our Client's Challenge: Alleged infringement of claims in five different U.S. patents owned by TAL Apparel Limited of Hong Kong (and related entities).

The Goal: Ensure that client's products are not barred from the U.S. market.

Our Strategy: Rapidly gather evidence and present arguments on all issues.

Results: Successfully secured the withdrawal of all allegations of infringement against the Esquel companies.

Read More

About Our Intellectual Property Team

Our team of dedicated IP lawyers and patent agents has the diverse backgrounds and core strengths required to ensure that the full spectrum of domestic and international IP is considered in securing IP and formulating IP strategies. Members of our IP team have worked as engineers and in-house patent, trademark and copyright counsel for companies and agencies as diverse as Borg Warner, Capitol Records, DuPont, the USPTO, the Justice Department (Civil Division, Intellectual Property) and the FTC.

Our team members also include adjunct IP law professors, columnists, the co-founder of the longest-running journal on computer technology and regular lecturers for the Zurich Institute of Technology, Georgetown University and George Mason University. In addition, our team members frequently speak and write for continuing legal education programs and industry events and are quoted in the press on emerging issues.

Baker Hostetler is a member of the International Trademark Association (INTA), American Intellectual Property Law Association (AIPLA), Intellectual Property Owners Association (IPO), Licensing Executive Society (LES), The International AntiCounterfeiting Coalition (IACC), International Licensing Industry and Merchandisers Association (LIMA), as well as numerous local and regional IP organizations.