3D printing
Printers, processes, materials and the products they make.
[SERVICES]IP litigation
Intellectual property litigation for companies and inventors
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.
Managing partner
Andrew RapackeFormer Naval Engineering Officer. M.S. in electrical and electronics engineering.
[01]4 services
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.
[02]Where to start
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.
- Someone copied your product or methodPatent litigation, or an IPR if you are the one accused
- Someone is using a name like yoursTrademark litigation, or a TTAB opposition
- Your code, content or design was copiedCopyright litigation, or a DMCA takedown
- An employee or partner took confidential informationTrade secret litigation
[03]By industry
IP disputes in your industry.
Technical disputes are decided on the technology. Pick your industry to see what we protect there.
Aerospace
Aircraft, drones and spacecraft, protected before the first public flight.
AI and machine learning
Models, training methods and the AI features inside your product.
Autonomous vehicles
Sensing, navigation and control systems for vehicles that drive themselves.
Blockchain
Protocols, wallets and the technical methods behind decentralized products.
Computer hardware
Components, peripherals and the systems that tie them together.
Consumer electronics
Devices people carry and use every day, from how they work to how they look.
Consumer products
Everyday products and the brands on them, protected before launch.
Cybersecurity
Security software and hardware, and what to patent or keep secret.
Defense
Defense technology, planned around contracts and export rules.
Digital health
Telehealth, remote monitoring and health apps, built around patient data.
E-commerce
Online brands and Amazon sellers, from the trademark to the product itself.
Electrical hardware
Power electronics, controls, sensors, batteries and motors, from circuit to system.
Energy and clean tech
Batteries, solar, storage, charging and the grid, from the cell to the system.
Fintech
Payments, lending and trading technology, claimed as technical improvements.
Gaming
Game engines, mechanics, controllers and titles, protected before the reveal.
Medical devices
Devices, diagnostics and software as a medical device, timed with the FDA.
Robotics
Robots, grippers and the software that moves them, protected before the pilot.
Semiconductors
Chip design, fabrication processes and packaging.
Software and SaaS
The methods your platform performs, protected however the code is written.
Sporting goods
Equipment and gear, from how it performs to the design customers recognize.
Not on the list?
Most inventions cross more than one field. Tell us what you built and we will tell you where it fits.
[04]IP litigation basics
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
| 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, trademark litigation, copyright litigation and 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?
- Investigation. The evidence of infringement, your rights and their strength, before anyone files.
- Demand or response. A cease and desist letter, or the answer to one.
- Complaint and answer. The lawsuit is filed, and the defendant answers, often with counterclaims that your patent or mark is invalid.
- Preliminary injunction. An early court order to stop the infringement while the case runs, when the harm is urgent.
- Discovery. Documents, depositions and expert reports. Usually the longest and most expensive phase.
- Claim construction. In patent cases, the judge decides what the claims mean, which often decides the case.
- Summary judgment and trial. Many cases are decided on motions or settle before trial.
- 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 and our cease and 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 and international trademarks.
Free IP litigation guides
Two free downloads walk through each process in more depth, the patent litigation guide and the trademark litigation guide.
[05]The process
From the first call to a resolution.
Most IP disputes resolve before trial. Timing shown is typical, never a promised date.
IP disputeReview to resolution
- Day one01Day oneCase review callFree. What was copied, what you own and what you want.
- First weeks02First weeksInvestigationThe evidence, and the strength of each side's rights.
- Early03EarlyLetter or negotiationOften the cheapest point to resolve it.
- If needed04If neededFilingCourt, PTAB, TTAB or ITC, or your response to one.
- Months05MonthsDiscovery and expertsDocuments, depositions and expert reports.
- 06ResolutionA license, a settlement or a decision.
[06]Questions
Questions about IP litigation.
In a dispute, or worried one is coming? Your first call is free and comes with a straight answer on where you stand.
Book A Free Strategy CallWhat 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.
[07]Learning Center
Go deeper on IP disputes.
How to Deal with Overseas Infringement Issues
International property theft is a significant problem for American companies, costing upwards of $600 billion each year. As we all know, China accounts for a majority of…
How to Initiate a Trademark Infringement Lawsuit
If you are convinced that you have a trademark-related legal cause of action and you want to seek recourse through litigation, you will need to initiate a trademark…
I’ve Been Threatened with a Trademark Infringement Lawsuit! What Do I Do?
Got a cease and desist letter accusing you of trademark infringement? Here is what to do first, how to respond, and the defenses that may be available to you.
[08]Client reviews
What clients say about working with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“The Rapacke Group stands by their fees with no surprises.”
Lowell CrawfordClient review “I always felt confident that my intellectual property was in good hands.”
JakePatent · Client review “Making a complex process feel manageable and well-supported.”
Distress Bandanna, Inc.Client · Client review
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Protect what you built.
Talk through the dispute on a free IP strategy call. No obligation.