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Intellectual Property Litigation

SRBC’s attorneys have extensive experience representing clients in disputes over intellectual property rights. We have handled IP litigation in federal and state court in areas including patents, copyrights, trademarks, internet domain names, trade secrets, licensing and unfair competition. We represent established and emerging businesses, as well as individuals, in such diverse industries as publishing, biotechnology, internet, software, medical devices, pharmaceuticals, electronics, health and beauty aids, manufacturing and telecommunications. We also represent intellectual property lawyers in legal malpractice claims, and inventors, artists, authors and others in employment and compensation-related disputes involving intellectual property rights.

Some of our recent successes include:

• A federal jury verdict in favor of the owners of an international chain of Irish pubs in a trademark-infringement case against a hotel-industry giant, resulting in a judgment requiring the opponent to cease using the disputed mark.  Massachusetts Lawyers Weekly called this one of the “biggest defense wins” of the year

• Defense through jury trial and appeal of a Fortune 500 technology company in a trademark dispute with a Massachusetts software maker

• Assisting a foreign inventor in negotiating an agreement with the parties to a complex M&A transaction involving the inventor’s U.S. assignee, to clarify the effect of the transaction on the inventor’s rights

• A federal jury verdict in favor of two patent lawyers in a case involving alleged improper advice in a dispute over a biotech patent, resulting in a judgment for their law firm on a counterclaim for unpaid fees

• Providing a foreign media company with an assessment of litigation risk under U.S. law, as well as dispute-prevention and resolution advice, in connection with a contemplated distribution and copyright-licensing agreement with a U.S. company

• Providing a foreign company with a second opinion concerning an ongoing trademark-infringement case

• Obtaining summary judgment in favor of a large national retail client charged with violation of the federal Computer Fraud and Abuse Act

• Serving as sole arbitrator in a dispute between a major U.S. athletic-shoe manufacturer and a former Chinese supplier and distributor alleged to have infringed the U.S. company’s trademark by continuing to make and sell its shoes after termination of their contract

The depth and variety of our experience is shown by the fact that in recent years we have been retained to represent:

• A pharmaceutical industry trademark owner in multiparty contest for rights including internet domain name

• An electronics manufacturer in a breach-of-contract and patent-infringement case involving 3-D technology

• A design and prototype firm in a dispute involving internet and telecommunications technology

• The licensor of a pharmaceutical product in a matter involving termination of the license for breach of the agreement

• A Swiss software manufacturer in a U.S. licensing dispute

• A software developer in successful enforcement, by injunction, of trade-secret and non-compete agreements

• A medical device inventor and patent licensor in disputes involving sublicensing and commercialization of his invention

• An author and her publisher in a dispute with a major periodical involving claim of misappropriation of a confidential proposal

• An author in a royalty dispute with a publisher

• An inventor of semiconductor technology in a claim concerning ownership and development of communications products

• Computer manufacturers and network integrators in disputes involving software licensing and other commercial issues

• A U.K. software company in internet domain name and trademark disputes

• A communications network software developer in a license and copyright dispute

• A software-suite licensee making a claim of wrongful termination of his license

• A nationally known seller of high-end hair-care products in a case involving counterfeiting and gray goods

• A trucking company in a trademark dispute involving unbranded gasoline

• A Korean manufacturer in a licensing dispute involving synthesized music technology

• A catalogue company in a copyright dispute involving a t-shirt design

• A manufacturer in negotiation of a license for a family of electromechanical-sensor patents

• The inventor and manufacturer of high-performance liquid chromatography in a patent-infringement suit against the world’s largest supplier of HPLC equipment

• A major U.S. airline in a suit to protect use of its trade name

• A national electronic data systems company in obtaining injunctive relief and prosecuting damage claims for misuse of its trade name and unfair competition

For more information regarding our intellectual property expertise, please contact William L. Boesch (Chair), at boesch@srbc.com or 617-227-3030.

Related Publications:

June 23, 2009 -
Do Legal Malpractice Claims Against IP Lawyers Belong in Federal Court?
In an article in Andrews's Professional Liability Litigation Reporter, SRBC's William Boesch writes about three recent federal appellate decisions addressing whether legal malpractice claims against intellectual property lawyers necessarily implicate matters of federal IP law, and therefore may be brought ...
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Related News:

February 05, 2014 -
William Boesch Cited in MLW Article on Ripoff Report Case
SRBC partner William Boesch, chair of SRBC’s Intellectual Property practice group, is among the legal experts quoted in a Massachusetts Lawyers Weekly article this week entitled “...
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August 15, 2013 -
Fifteen SRBC Partners Named “2014 Best Lawyers” and Two Ranked “Lawyer of the Year”
Fifteen SRBC partners have been ranked at the top of their profession, including two partners earning special recognition as “Lawyer of the Year,” in the 2014 edition of The Best Lawyers in America. Best Lawyers is the oldest peer-review publication in the legal ...
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September 12, 2012 -
Fifteen SRBC Lawyers Named Best Lawyers in America
Fifteen of SRBC's partners have been selected for inclusion in the 2013 edition of The Best Lawyers in America. Best Lawyers calls itself “the definitive guide to legal excellence in the United States.” The publication annually ...
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September 09, 2011 -
Thirteen SRBC Lawyers Named to Best Lawyers in America
The 2012 edition of The Best Lawyers in America, described as "the definitive guide to legal excellence in the U.S." and based on a nationwide peer survey of more than 3.9 million lawyers, has named 13 SRBC partners to its annual list. The partners, and the Best Lawyers ...
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August 09, 2009 -
Massachusetts High Court: Patent Lawyer Has Lien Against Client's Patent
Massachusetts has an attorney’s-lien statute providing that protects a lawyer who “appears for a client” in a court action or “any proceeding before any state or federal department, board or commission.”  The lawyer obtains an automatic “lien for his reasonable fees and expenses”—a lien upon the ...
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