INTELLECTUAL PROPERTY

Massey & Gail lawyers have decades of intellectual property experience, working for clients in patent, trademark, copyright, and trade secret disputes nationwide. We represent both patent owners and petitioners in inter partes reviews (IPR) at the United States Patent & Trademark Office. We also handle intellectual property appeals, both of our own cases and in cases where we are brought in after trial. Our appellate advocates have briefed and argued cases before the United States Supreme Court, Federal Circuit, and every other federal appeals court in the country.

Intellectual property often represents the crown jewels of a business. We help protect those assets and unlock their full value, whether through pre-litigation licensing negotiations, suits against infringers, or by defending against IPR or cancellation proceedings. Our experience allows us to see the big picture, form a cohesive strategy to achieve favorable resolutions for our clients, and judiciously litigate our clients’ complex IP cases. When defending our clients against infringement actions, our extensive experience allows us to focus on the essential issues early, without being sidetracked into costly dead ends, and using that information to craft a coherent strategy to end the case on terms favorable to the client. By strategically focusing on the facts and issues that matter, and not spending time and money on those that don’t, we can reach a successful resolution with leaner staffing than larger firms.  Our clients benefit.

REPRESENTATIVE MATTERS

  • We represented biotechnology trade organizations in filing amicus briefs in two different matters before the U.S. Supreme Court.

  • The firm represented a pharmaceutical company in a sovereign immunity case before the Federal Circuit and U.S. Supreme Court.

  • We represented a generic pharmaceutical manufacturer in its IPR against the maker of a branded drug for treatment of Cushing’s syndrome.

  • Firm lawyers represented a slot machine manufacturer in a case against a former employee claiming unauthorized use of copyrighted security software.

  • The firm represented a medical device maker against its former employees accused of transferring trade secrets to competitor.

  • We represent on appeal at the Federal Circuit the plaintiff in an ITC case concerning critical car components after an adverse result before the Commission.

  • We represented a Japanese consumer electronics manufacturer in a series of International Trade Commission cases and accompanying matters in Western District of Texas against a non-practicing entity, achieving two complete victories before the Commission.

PRACTICE AREAS

Administrative Law

Administrative Law

Complex Commercial

Complex Commercial

Financial Services

Financial Services

Privacy

Privacy

Antitrust & Competition

Antitrust & Competition

Constitutional Law

Constitutional Law

Freedom of Information

Freedom of Information Act

Tax

Tax

Bankruptcy

Bankruptcy & Creditors’ Rights

Consumer and False Claims Act

Consumer & False Claims Act

Intellectual Property

Intellectual Property

Telecommunications

Telecommunications

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower.  We are often asked to step in to try an already pending case after a client reexamines its trial team.

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption.  In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.

PRACTICE AREAS

Administrative Law

Administrative Law

Antitrust & Competition

Antitrust & Competition

Bankruptcy

Bankruptcy & Creditors’ Rights

Complex Commercial

Complex Commercial

Constitutional Law

Constitutional Law

Consumer and False Claims Act

Consumer & False Claims Act

Financial Services

Financial Services

Freedom of Information

Freedom of Information Act

Intellectual Property

Intellectual Property

Privacy

Privacy

Tax

Tax

Telecommunications

Telecommunications