Selected matters involving intellectual property and complex business disputes.
The matters below are representative examples of work involving intellectual property and related commercial disputes. Some matters were handled as lead counsel and others as associate counsel as indicated. If you'd like to discuss a similar issue, you can start by chatting with the RAG IP guidance chatbot on the home page and then contact Mitchell to schedule a consultation.
Associate Counsel in a complex plant patent litigation involving cherry varieties. Successfully obtained a Hague Convention request for international judicial assistance to secure deposition testimony from key foreign witnesses. Assisted in winning summary judgment on patent infringement (later reversed).
Led drafting of Answer and Counterclaim for Maysee Trading in a design patent infringement action, challenging an Amazon intellectual property notice related to the asserted design patent and the removal of allegedly infringing products from Amazon.com.
Associate Counsel for Yita and Jinrong in defense of patent and trade dress infringement claims. Assisted in invalidating asserted claims of three of four alleged patents through inter partes review proceedings and related appeals. Played a key role in preparing the case for trial, including close collaboration with engineering, plastics, and economics experts. The matter ultimately resolved through settlement on the eve of trial.
Lead drafting of a motion seeking a temporary restraining order, expedited discovery, and alternative service, which was granted in part and resulted in the voluntary takedown of the defamatory website by an anonymous third party.
Lead drafting of response brief for Hyperion regarding complex ownership and settlement terms impacting Plaintiffs’ standing to sue and contractual rights. The court of appeals ultimately ruled in Hyperion’s favor on all but one count, on the strength of the briefing alone.
Associate Counsel for Nexeon in a trade secrets action alleging misappropriation of lithium battery intellectual property. Assisted in successfully obtained summary judgment on key claims based on statute of limitations grounds, while preserving counterclaims for tortious interference.
Associate Counsel in a complex patent infringement action involving allegations of invention assignment under a prior employment agreement. Successfully defeated summary judgment motion and prepared for trial before ultimately settling on the eve of trial.
Lead drafting in successfully dismissing allegations of violations of New York Human Rights Law and Federal Americans with Disabilities Act claims arising from website accessibility, while also spearheading efforts to modernize the website to achieve accessibility standards exceeding state and federal requirements.
Lead Counsel for National Distribution in successfully negotiating a trademark coexistence agreement resolving pending trademark dispute.
Lead counsel in negotiating a favorable resolution for an individual defendant in a novel civil RICO action arising from alleged video game cheating software.
Associate Counsel through jury trial in a complex “business divorce” dispute involving alleged political science trade secrets and tortious interference with client relationships of high-profile Hispanic pollsters, resulting in a favorable resolution.
Lead drafting of a motion to dismiss in a design patent infringement action, successfully obtaining dismissal with an award of fees and costs, and subsequently negotiating settlement through the Ninth Circuit Court of Appeals mediation program.
Disclaimer: Prior results do not guarantee a similar outcome. This page is provided for informational purposes and is not legal advice.