# Intellectual property litigation for companies and inventors

> Intellectual property litigation for patents, trademarks, copyrights and trade secrets, for IP owners and the accused. Fees quoted after a case review.

Page: https://arapackelaw.com/ip-litigation/  
Title: Intellectual Property Litigation Attorneys | Rapacke Law Group  
Breadcrumb: [Home](https://arapackelaw.com/) / [IP litigation](https://arapackelaw.com/ip-litigation/)

When someone copies your invention, brand, code or know-how, or says you copied theirs, we handle it from the first letter to federal court. Fees are quoted after a case review.

- Patents, trademarks, copyrights, trade secrets
- IP owners and the accused
- Fees quoted after a case review

## IP litigation for every kind of intellectual property.

Pick the kind of IP at stake to see the claims, the defenses and how a case runs. We act for IP owners and for businesses accused of infringement.

- [Patent Litigation](https://arapackelaw.com/ip-litigation/patent-litigation/) (Markdown https://arapackelaw.com/ip-litigation/patent-litigation.md). Enforce or defend a patent. Quoted after a case review.
- [Trademark Litigation](https://arapackelaw.com/ip-litigation/trademark-litigation/) (Markdown https://arapackelaw.com/ip-litigation/trademark-litigation.md). Stop others using your brand. Quoted after a case review.
- [Trade Secret Litigation](https://arapackelaw.com/ip-litigation/trade-secret-litigation/) (Markdown https://arapackelaw.com/ip-litigation/trade-secret-litigation.md). Protect confidential know-how. Quoted after a case review.
- [Copyright Litigation](https://arapackelaw.com/ip-litigation/copyright-litigation/) (Markdown https://arapackelaw.com/ip-litigation/copyright-litigation.md). Stop copying of your code or content. Quoted after a case review.

## Not sure what kind of dispute it is?

Start from what was copied. Many disputes involve more than one kind of IP, and your first call is free. [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/).

- Someone copied your product or method. [Patent litigation, or an IPR if you are the one accused](https://arapackelaw.com/ip-litigation/patent-litigation/)
- Someone is using a name like yours. [Trademark litigation, or a TTAB opposition](https://arapackelaw.com/ip-litigation/trademark-litigation/)
- Your code, content or design was copied. [Copyright litigation, or a DMCA takedown](https://arapackelaw.com/ip-litigation/copyright-litigation/)
- An employee or partner took confidential information. [Trade secret litigation](https://arapackelaw.com/ip-litigation/trade-secret-litigation/)

## IP disputes in your industry.

Technical disputes are decided on the technology. Pick your industry to see what we protect there.

- [3D printing](https://arapackelaw.com/industries/3d-printing/) (Markdown https://arapackelaw.com/industries/3d-printing.md). Printers, processes, materials and the products they make.
- [Aerospace](https://arapackelaw.com/industries/aerospace/) (Markdown https://arapackelaw.com/industries/aerospace.md). Aircraft, drones and spacecraft, protected before the first public flight.
- [AI and machine learning](https://arapackelaw.com/industries/ai-machine-learning/) (Markdown https://arapackelaw.com/industries/ai-machine-learning.md). Models, training methods and the AI features inside your product.
- [Autonomous vehicles](https://arapackelaw.com/industries/autonomous-vehicles/) (Markdown https://arapackelaw.com/industries/autonomous-vehicles.md). Sensing, navigation and control systems for vehicles that drive themselves.
- [Blockchain](https://arapackelaw.com/industries/blockchain/) (Markdown https://arapackelaw.com/industries/blockchain.md). Protocols, wallets and the technical methods behind decentralized products.
- [Computer hardware](https://arapackelaw.com/industries/computer-hardware/) (Markdown https://arapackelaw.com/industries/computer-hardware.md). Components, peripherals and the systems that tie them together.
- [Consumer electronics](https://arapackelaw.com/industries/consumer-electronics/) (Markdown https://arapackelaw.com/industries/consumer-electronics.md). Devices people carry and use every day, from how they work to how they look.
- [Consumer products](https://arapackelaw.com/industries/consumer-products/) (Markdown https://arapackelaw.com/industries/consumer-products.md). Everyday products and the brands on them, protected before launch.
- [Cybersecurity](https://arapackelaw.com/industries/cybersecurity/) (Markdown https://arapackelaw.com/industries/cybersecurity.md). Security software and hardware, and what to patent or keep secret.
- [Defense](https://arapackelaw.com/industries/defense/) (Markdown https://arapackelaw.com/industries/defense.md). Defense technology, planned around contracts and export rules.
- [Digital health](https://arapackelaw.com/industries/digital-health/) (Markdown https://arapackelaw.com/industries/digital-health.md). Telehealth, remote monitoring and health apps, built around patient data.
- [E-commerce](https://arapackelaw.com/industries/ecommerce/) (Markdown https://arapackelaw.com/industries/ecommerce.md). Online brands and Amazon sellers, from the trademark to the product itself.
- [Electrical hardware](https://arapackelaw.com/industries/electrical/) (Markdown https://arapackelaw.com/industries/electrical.md). Power electronics, controls, sensors, batteries and motors, from circuit to system.
- [Energy and clean tech](https://arapackelaw.com/industries/energy/) (Markdown https://arapackelaw.com/industries/energy.md). Batteries, solar, storage, charging and the grid, from the cell to the system.
- [Fintech](https://arapackelaw.com/industries/fintech/) (Markdown https://arapackelaw.com/industries/fintech.md). Payments, lending and trading technology, claimed as technical improvements.
- [Gaming](https://arapackelaw.com/industries/gaming/) (Markdown https://arapackelaw.com/industries/gaming.md). Game engines, mechanics, controllers and titles, protected before the reveal.
- [Medical devices](https://arapackelaw.com/industries/medical-devices/) (Markdown https://arapackelaw.com/industries/medical-devices.md). Devices, diagnostics and software as a medical device, timed with the FDA.
- [Robotics](https://arapackelaw.com/industries/robotics/) (Markdown https://arapackelaw.com/industries/robotics.md). Robots, grippers and the software that moves them, protected before the pilot.
- [Semiconductors](https://arapackelaw.com/industries/semiconductors/) (Markdown https://arapackelaw.com/industries/semiconductors.md). Chip design, fabrication processes and packaging.
- [Software and SaaS](https://arapackelaw.com/industries/software-saas/) (Markdown https://arapackelaw.com/industries/software-saas.md). The methods your platform performs, protected however the code is written.
- [Sporting goods](https://arapackelaw.com/industries/sporting-goods/) (Markdown https://arapackelaw.com/industries/sporting-goods.md). Equipment and gear, from how it performs to the design customers recognize.

## What to know before an IP dispute.

Plain answers to the questions business owners ask when an IP dispute starts. General information, not advice on your case.

### What is intellectual property litigation?

Intellectual property litigation is a legal dispute over who owns or may use a patent, trademark, copyright or trade secret. Most disputes start with a letter, not a lawsuit, and many end with a license, a coexistence agreement or a settlement. When they don't, they are decided by a federal court, a USPTO board or the International Trade Commission.

Your business needs a cost-effective way through, which often means resolving the dispute early, before discovery and experts drive up the cost.

### Patent, trademark, copyright and trade secret cases compared

*IP litigation by type of intellectual property*

|  | Patent | Trademark | Copyright | Trade secret |
| --- | --- | --- | --- | --- |
| **Main law** | Patent Act | Lanham Act and state law | Copyright Act | Defend Trade Secrets Act and state law |
| **Where it is decided** | Federal court only, plus the PTAB and the ITC | Federal or state court, and the TTAB for registrations | Federal court only, or the Copyright Claims Board | Federal or state court |
| **Register first?** | Yes, you need an issued patent | No, but registration makes enforcement easier | Yes, for US works, before suing | No registration exists |
| **Time limit** | Damages reach back 6 years from filing | No fixed limit, but delay can bar the claim | 3 years from when the claim accrues | 3 years from discovery under federal law |
| **Main remedies** | Injunction, damages of at least a reasonable royalty, up to 3 times if willful | Injunction, profits, damages, and statutory damages for counterfeits | Injunction, actual damages and profits, or statutory damages if registered in time | Injunction, damages, up to 2 times if willful and malicious |

Each type has its own page, with the claims, defenses and remedies in more detail. See [patent litigation](https://arapackelaw.com/ip-litigation/patent-litigation/), [trademark litigation](https://arapackelaw.com/ip-litigation/trademark-litigation/), [copyright litigation](https://arapackelaw.com/ip-litigation/copyright-litigation/) and [trade secret litigation](https://arapackelaw.com/ip-litigation/trade-secret-litigation/).

### Where are IP disputes decided?

- **Federal district courts.** Every patent and copyright lawsuit, and most trademark and trade secret lawsuits. State courts cannot hear patent or copyright claims.
- **Courts of appeals.** Patent appeals go to the Federal Circuit. Other IP appeals go to the regional circuit, which for Florida is the Eleventh Circuit.
- **Patent Trial and Appeal Board.** Inter partes review and other challenges to whether an issued patent is valid.
- **Trademark Trial and Appeal Board.** Oppositions and cancellations over who can register a mark.
- **International Trade Commission.** Section 337 cases that can exclude infringing imports from the US.
- **Domain name and small-claims forums.** UDRP complaints to recover cybersquatted domains, and the Copyright Claims Board for copyright claims up to $30,000.
- **Arbitration and mediation.** When a contract requires it, or both sides agree.

### How does an IP lawsuit work?

1. **Investigation.** The evidence of infringement, your rights and their strength, before anyone files.
2. **Demand or response.** A cease and desist letter, or the answer to one.
3. **Complaint and answer.** The lawsuit is filed, and the defendant answers, often with counterclaims that your patent or mark is invalid.
4. **Preliminary injunction.** An early court order to stop the infringement while the case runs, when the harm is urgent.
5. **Discovery.** Documents, depositions and expert reports. Usually the longest and most expensive phase.
6. **Claim construction.** In patent cases, the judge decides what the claims mean, which often decides the case.
7. **Summary judgment and trial.** Many cases are decided on motions or settle before trial.
8. **Appeal.** To the Federal Circuit for patents, or the regional court of appeals.

### Can an IP dispute be resolved without a lawsuit?

Often, yes. Many disputes are resolved through cease and desist letters, negotiation, licensing, coexistence agreements, mediation, arbitration or out-of-court settlements, which saves time, money and resources on both sides. Online infringement can often be stopped through marketplace complaints, DMCA takedown notices and UDRP domain complaints.

More on [the grounds for a cease and desist letter](https://arapackelaw.com/litigation/grounds-for-a-cease-and-desist-letter/) and our [cease and desist letters](https://arapackelaw.com/cease-desist-letters/) service.

### Accused of infringing someone's IP?

Don't ignore a demand letter or a lawsuit, and don't stop selling or rebrand before you know where you stand. Many demand letters overstate the claim. The first steps are to preserve your records, check whether you actually infringe, and check whether their patent, mark or copyright is valid and enforceable.

Depending on the answer, the options range from a reply and a negotiated license, to a design-around, to a petition to the PTAB or TTAB, to asking a court for a declaration that you do not infringe.

### What if the infringer is overseas?

US rights stop at the US border, so the tools work at the border and in the places the infringer sells to US buyers. The International Trade Commission can order infringing imports excluded, registered trademarks and copyrights can be recorded with US Customs, and marketplaces can remove listings that infringe US rights. Protection abroad depends on rights filed abroad.

More on [dealing with overseas infringement](https://arapackelaw.com/litigation/how-to-deal-with-overseas-infringement-issues/) and [international trademarks](https://arapackelaw.com/international-trademarks/).

### Free IP litigation guides

Two free downloads walk through each process in more depth, [the patent litigation guide](https://arapackelaw.com/resources/patent-litigation-guide/) and [the trademark litigation guide](https://arapackelaw.com/resources/trademark-litigation-guide/).

## From the first call to a resolution.

Most IP disputes resolve before trial. Timing shown is typical, never a promised date.

1. **Case review call** (Day one). Free. What was copied, what you own and what you want.
2. **Investigation** (First weeks). The evidence, and the strength of each side's rights.
3. **Letter or negotiation** (Early). Often the cheapest point to resolve it.
4. **Filing** (If needed). Court, PTAB, TTAB or ITC, or your response to one.
5. **Discovery and experts** (Months). Documents, depositions and expert reports.
6. **Resolution**. A license, a settlement or a decision.

## Questions about IP litigation.

### What is IP litigation?

A legal dispute over a patent, trademark, copyright or trade secret, usually about infringement, misappropriation or whether the right is valid. It covers lawsuits in court and proceedings at the PTAB, the TTAB and the International Trade Commission.

### What does an intellectual property litigation attorney do?

Investigates the dispute, sends or answers demand letters, negotiates licenses and settlements, and brings or defends cases in federal court and before the PTAB, the TTAB and the ITC, including requests for injunctions.

### Which courts hear IP cases?

Federal district courts hear all patent and copyright lawsuits. Trademark and trade secret claims can be heard in federal or state court. Patent appeals go to the Federal Circuit, and other IP appeals go to the regional courts of appeals.

### Do I need to register my IP before I can sue?

It depends on the type. A patent must be issued. A US copyright must be registered, or refused registration, before you sue. Trademarks and trade secrets can be enforced without registration, though a trademark registration makes enforcement much easier.

### How long does IP litigation take?

It varies widely. A demand letter can resolve a dispute in weeks, while a patent case that goes to trial usually takes years. Most cases settle before trial.

### How much does IP litigation cost?

It depends on the type of IP, how urgent the case is, the experts it needs and how far it goes before it resolves. We quote the fee after a case review and before any work begins. Litigation is not covered by The RLG Guarantee.

### What should I do if I receive a cease and desist or demand letter?

Don't ignore it and don't make admissions in a reply. Keep your records, then have an attorney check whether you infringe and whether the right asserted against you is valid, before you respond.

### Can an IP dispute be resolved without going to court?

Often. Letters, negotiation, licenses, coexistence agreements, mediation and arbitration resolve many disputes, and online infringement can often be stopped through marketplace complaints, DMCA notices and UDRP domain complaints.

### Do you represent businesses accused of infringement?

Yes. We act for IP owners and for businesses and individuals accused of infringing a patent, trademark or copyright, or of misappropriating a trade secret.

## Your attorneys

- [Andrew Rapacke](https://arapackelaw.com/learn-more/the-team/andrew-rapacke/), Managing Partner, Registered Patent Attorney. Former Naval Engineering Officer. M.S. in electrical and electronics engineering.

Meet the team at https://arapackelaw.com/learn-more/the-team/

## Go deeper on IP disputes.

- [How to Deal with Overseas Infringement Issues](https://arapackelaw.com/litigation/how-to-deal-with-overseas-infringement-issues/)
- [How to Initiate a Trademark Infringement Lawsuit](https://arapackelaw.com/litigation/how-to-initiate-trademark-infringement-lawsuit/)
- [I’ve Been Threatened with a Trademark Infringement Lawsuit! What Do I Do?](https://arapackelaw.com/litigation/ive-been-threatened-with-a-trademark-infringement-lawsuit-what-do-i-do/)

[All litigation articles](https://arapackelaw.com/category/litigation/)

## Next steps

- [Book a free strategy call](https://arapackelaw.com/contact-us/) with a registered patent attorney, or call (954) 951-0154
- [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/) to see what to protect first
- [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/), the refund promise on four services

General information, not legal advice.