A company’s intellectual property can be its most valuable asset.
When that asset is threatened through infringement, misappropriation, or otherwise, Godfrey & Kahn’s Intellectual Property (IP) Litigation Practice Group has the expertise, experience and sound judgment to protect your company’s rights fully and efficiently.
Godfrey & Kahn boasts one of the most highly skilled and decorated litigation teams in Wisconsin, and our Intellectual Property Practice Group has deep and broad experience in all aspects of intellectual property law. Our basic approach to IP litigation is to draw on both of these outstanding resources, assemble a team that includes both experienced litigators and experienced intellectual property attorneys, and provide exceptional representation in every case. Our areas of practice include:
Our substantial client base of software, publishing and media companies coupled with in-depth knowledge of copyright law has led to significant copyright litigation experience and involvement in many of the most interesting copyright cases in Wisconsin and the Seventh Circuit.
Patent and Patent License Litigation
The technical knowledge of our patent attorneys and our experience in handling complex litigation combines to produce excellent results, whether through negotiation and settlement or trial. Our team is experienced in district courts around the country, the Federal Circuit, and the Patent Trial and Appeal Board.
Our team has extensive experience litigating trademark disputes, including infringement and Lanham Act litigation in federal court, proceedings before the Trademark Trial and Appeal Board, and domain name and advertising disputes in a variety of forums.
Trade Secret Litigation
We have handled trade secret disputes in both federal and state courts. These claims often are brought with claims relating to employment or other intellectual property issues, and our Litigation Practice Group is well equipped to assemble the most capable team to handle these cases in whatever form or forum they arise. The knowledge we have gained from counseling clients on implementing effective trade secret protection programs allows our attorneys to represent clients efficiently and effectively in these cases.
Kienitz v. Sconnie Nation LLC. Godfrey & Kahn represented the photographer in this highly watched copyright fair use case, which challenged the scope of the fair use doctrine and transformative use test in the Western District of Wisconsin, Seventh Circuit, and on a Petition for Certiorari to the United States Supreme Court.
Gaiman v. Todd McFarlane Productions, Inc. Godfrey & Kahn represented the defendant in this copyright and contract litigation involving rights in comic book works.
Lands’ End, Inc. v. Genesys Software Systems, Inc. Godfrey & Kahn represented Lands’ End in connection with a software license dispute filed as a declaratory judgment action in the Western District of Wisconsin and obtained a favorable settlement shortly before trial.
ARI Network Services, Inc. v. Nichols et al. Godfrey & Kahn represented the plaintiff in a copyright infringement action involving various powersport equipment taxonomies in the Eastern District of Wisconsin. The case was settled.
Wolters v. The Sportsman Channel, Inc., et al. and Demi & Cooper, Inc. v. The Sportsman Channel, Inc. These two related cases, one in the Western District of Michigan and one in an Illinois state court, centered around alleged copyright infringement in the use of a photograph in marketing materials. Godfrey & Kahn served as lead counsel for The Sportsman Channel. Both matters were settled.
TV Azteca SA de CV, et al. v. Durden, et al. Godfrey & Kahn served as lead litigation counsel for TV Azteca in this copyright infringement case involving the unauthorized live web-based broadcast of Mexican soccer games owned by TV Azteca. After locating the infringer, who used a fictitious name to operate the website, Godfrey & Kahn helped negotiate a consent judgment involving a permanent injunction against the infringer and other relief.
Patent and Patent License Litigation
Wisconsin Alumni Research Foundation (WARF) v. Apple Inc. Godfrey & Kahn represented WARF as local counsel in a patent infringement case in the Western District of Wisconsin involving computer processor technology used in Apple iPhones and iPads. The team consisting of Irell & Manella LLP and Godfrey & Kahn attorneys obtained a jury verdict of more than $234 million after a highly complex and contentious two-week trial.
Essociate, Inc. v. Azoogle.com, Inc. This case involved patented technology concerning affiliate marketing software in an infringement action in the Western District of Wisconsin. Godfrey & Kahn was lead counsel for the defendants and obtained summary judgment of non-infringement and affirmance of the decision on appeal at the Federal Circuit.
Seat Sack, Inc. v. Childcraft Education Corp., et al. Godfrey & Kahn represented the defendant Childcraft Education and its parent company, School Specialty, Inc., as lead counsel in the Southern District of New York, in a case involving claims of trademark and design patent infringement. We prevailed on summary judgment and on the plaintiff’s appeal to the Federal Circuit.
Ergo v. Pacific Cycle, Inc. In this patent infringement lawsuit involving bicycle seat technology in the Western District of Washington, the Godfrey & Kahn team represented Pacific Cycle as lead counsel and obtained a settlement for our client after expert reports and a favorable claim construction ruling.
Kimberly-Clark Corporation. Godfrey & Kahn has served as both lead counsel and local counsel for Kimberly-Clark Corporation and its affiliates in various patent infringement and other patent- related matters in jurisdictions throughout the United States.
Asyst Technologies LLC et al. v. Eagle Eyes Traffic Ind. Co. Ltd, et al. As lead counsel for the plaintiffs in this Eastern District of Wisconsin patent infringement suit in the automotive industry, the Godfrey & Kahn team obtained a favorable settlement at the close of discovery.
M-B-W, Inc., et al. v. Multiquip, Inc., et al. This patent infringement case involved motorized power trowels used in the construction industry. After Godfrey & Kahn obtained summary judgment of infringement in favor of the patentee, the case was settled prior to trial.
Unique Coupons v. Menasha Corporation and Northfield Corporation. Godfrey & Kahn represented packaging equipment manufacturer Northfield in two trials in the Northern District of Illinois and related appeals to the Court of Appeals for the Federal Circuit on patent infringement claims brought by a competitor. The litigation resulted in a finding of no liability.
Muth Mirror Systems, LLC v. Gentex Corporation. Godfrey & Kahn was lead patent litigation counsel for Muth in this adversary proceeding before the bankruptcy court in the Eastern District of Wisconsin.
Cycle Stop Valves, Inc. v. In-Well Technologies, Inc., et al. Godfrey & Kahn was lead counsel for two defendants in this patent infringement suit in the Eastern District of Texas related to valve systems for in-ground water tanks and wells. The matter was settled before trial.
Procter & Gamble Company v. Kimberly Clark Corporation, et al. Representing the Kimberly-Clark Corporation and related entities, Godfrey & Kahn defeated false advertising claims lodged by industry giant The Proctor & Gamble Company, including two motions for injunctions and multiple challenges to television networks, allowing Kimberly-Clark to continue what has been determined to be one of the most successful advertising campaigns in company history.
Johnsonville Sausage v. Premio Foods. Godfrey & Kahn represented Johnsonville in a trademark infringement action against Premio Foods in the Eastern District of Wisconsin, resulting in settlement during a jury trial.
Brainstorm v. School Specialty, Inc. Godfrey & Kahn represented the defendant in this trademark, copyright, and breach of contract action in the Western District of Wisconsin. We obtained dismissal of the vast majority of the plaintiffs’ claims on summary judgment and settled the remaining narrow claim after the favorable ruling.
Pacific Cycle, Inc. v. PowerGroup International, LLC. Godfrey & Kahn obtained a favorable summary judgment decision for Pacific Cycle, owner of the Schwinn brand, in this dispute relating to a license of the Schwinn brand in the Western District of Wisconsin.
NFL Properties, Inc. and Green Bay Packers Football Club, Inc. v. Prostyle, Inc., et al. Godfrey & Kahn represented the Green Bay Packers in trademark infringement litigation. After a jury verdict in favor of the Packers, the case settled on appeal.
Krause Publications, Inc. v. Chester L. Krause. Godfrey & Kahn represented Krause Publications in a trial before the Trademark Trial and Appeal Board and an appeal to the Federal Circuit in this trademark opposition matter, which resulted in a denial of Mr. Krause's attempt to obtain a trademark registration.