Protecting Intellectual Property Rights
Three distinctions set TDR apart when considering representation in intellectual property disputes, or when seeking advice about protection of your IP rights.
- We Know How To Win. Whether the dispute goes to trial or not, we achieve successful IP outcomes for our clients based on their unique combination of litigation and commercial needs. We are well trained in negotiating proper business results in any IP commercial dispute.
- We Are A Firm Of Trial Lawyers. In contrast to many IP lawyers, we bring to the table deep experience winning at trial and on appeal. This experience allows us to be at home before generalist federal district court judges and juries with no technical background or experience in IP. Our lawyers also have technical backgrounds allowing us to be equally comfortable advocating before specialized IP forums, from the technically trained judges of the US Patent Office’s Patent Trial and Appeal Board to the appellate judges of the U.S. Court of Appeals for the Federal Circuit.
- Our Client Relationships Are Paramount. We are a firm with extensive collective experience with IP and related matters, but we are also a group of individuals. Our reasonable size allows us to personalize representation to our clients’ unique needs, both on commercial and IP matters. On the flip side, we are proud that our clients know and trust us because of the relationships we have built over time and the quality work we have done.
In addition to representing clients in IP litigation, we also counsel clients on all stages of the process from strategically developing and maintaining patent or trademark portfolios, to obtaining copyright registrations, to determining the broadest range of protection available and protecting the client’s greatest achievements against accusations of infringement.
Our clients include Fortune 500 companies, acclaimed recording artists, and small- to medium-sized businesses that depend on innovation and on the power of their brand.
- Our attorneys have handled patent litigation cases in federal district courts around the country.
- We represent several clients on appeals to the Federal Circuit. For example, we represented a patentee in a Federal Circuit appeal of an adverse decision holding its patent not valid because it lacks patent-eligible subject matter.
- We also represent clients in matters filed before the Patent Trial and Appeal Board (PTAB). For example, we successfully represented a Respondent defending the validity of its patent before the PTAB.
- We frequently appear in district court on behalf of both patentees and defendants. For example, we successfully defended a food packaging company against patent infringement claims based on the on-sale bar and other defenses. In addition, we developed a strategy to protect the same client’s trade secrets and confidential information against disclosure and misuse.
- We obtained dismissal with prejudice of federal copyright infringement and other claims brought against a major international music recording company. The dismissal was later affirmed on appeal by the U.S. Court of Appeals for the Seventh Circuit.
- We represented a music producer who had been sued for federal copyright infringement. We favorably settled the claims at no cost to our client.
- We represented a major international recording star in defending a federal copyright infringement claim. We favorably settled the claim.
- We represented several major international recording companies against multiple federal copyright infringement and other claims brought by a copyright owner who alleged that a variety of different recordings had violated his copyright. We favorably settled the claims after winning a motion to transfer the case to California.
- We successfully represented a large, privately held media distributor in trademark, unfair competition, copyright infringement and copyright misuse litigation against a major competitor.
- We represented a food packaging company against claims of trademark infringement, which we favorably settled at no cost to our client.
The Latest on Intellectual Property Litigation
Nationally Recognized Patent Trial Attorney Brad Lyerla Joins TDR
New Partner Expands TDR’s Intellectual Property Practice Tabet DiVito & Rothstein LLC is proud to announce that highly accomplished trial attorney Brad Lyerla has joined the firm as a Partner. Brad is a nationally recognized trial attorney in the field of...
Mimi Addy, TDR Recognized Among Americas Best Lawyers and Firms
Once again, Meredith Martin Mimi Addy and Tabet DiVito & Rothstein LLC have been recognized by U.S. News & World Report as being among The Best Lawyers in America and the Best Law Firms.Firms included in the 2019 Edition of "Best Law Firms" are recognized...
TDR Client Wins on Patent Claims for F-35 Fighter at Federal Circuit
On Feb. 6, 2018, the Federal Circuit upheld for the second time the validity of the patent that TDR client Thales Visionix, Inc. asserts covers the helmet-mounted motion-tracking system worn by pilots of the F-35 Joint Strike Fighter, over the objections of Elbit...
TDR Among “Best Law Firms” for Patent Litigation, Patent Law, Says U.S. News & World Report
Chicago-based litigation boutique Tabet DiVito & Rothstein LLC has been named a top-tier firm in the 2018 edition of U.S. News & World Report - Best Lawyers "Best Law Firms," the premier guide to law firms in the United States. Tabet DiVito & Rothstein...
Fighter Jets and Math: Patent Subject Eligibility After Alice
The recent case Thales Visionix Inc. v. United States, Appeal No. 2015-5150 (Fed. Cir. Mar. 8, 2017), which considered technology used in helmets created for use by the pilots of F-35 Joint Strike Fighter planes, adds context to the ongoing debate about patent...