Intellectual Property

Massey & Gail lawyers have decades of intellectual property experience, and we represent clients in patent, trademark, copyright, and trade secret disputes nationwide. We also represent both patent owners and petitioners in inter partes reviews (IPR) at the United States Patent & Trademark Office. Our clients’ IP often represent the crown jewels of their businesses, and we help them 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” and form a cohesive strategy to achieve favorable resolutions for our clients.

When our clients are defendants in infringement actions, our attorneys’ extensive experience allows us to focus on the essential issues early, identifying key prior art or non-infringement positions and quickly resolving the case to our clients’ advantage, without being sidetracked into costly dead ends.  We also handle IP appeals, both in our own cases and in cases where we are brought in after trial.  Our appellate advocates have argued before the U.S. Supreme Court and every federal appeals court in the country.

Representative matters handled by our attorneys include:

  • TC Heartland LLC v. Kraft Food Brands LLC: Massey & Gail represented biotechnology trade organization in filing amicus brief in the U.S. Supreme Court.
  • Oil States Energy Services LLC v. Greene’s Energy Group LLC: Firm lawyers represented biotechnology trade organization in filing amicus brief in the U.S.  Supreme Court.
  • Saint Regis Mohawk Tribe and Allergan, Inc. v. Mylan Pharmaceuticals, Inc.: We represented Allergan in sovereign immunity case before the Federal Circuit and U.S. Supreme Court.
  • Neptune Generics LLC v. Corcept Therapeutics, Inc.: We represented generic pharmaceutical manufacturer in its IPR against maker of branded drug for treatment of Cushing’s syndrome.
  • Eclipse Gaming Systems LLC v. Antonucci: We represented slot machine manufacturer in case against former employee claiming unauthorized use of copyrighted security software.
  • Abbott Labs. v. Fleck: We represented medical device maker in trade secret case against former employees accused of transferring trade secrets to competitor.