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Intellectual Property Litigation

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Barton’s IP practice is very active in the area of intellectual property litigation, including patent litigation. Our attorneys have handled complex patent and intellectual property cases in courts throughout the nation, for clients across a wide array of industries, involving cutting edge technologies and emerging principles of law.

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We have handled cases for clients in the pharmaceutical, biotechnology, computer software, finance, manufacturing, technology, web, furniture and design, fashion, media, and entertainment industries.

Successful handling of IP cases requires lawyers who combine legal knowledge with a keen understanding of clients’ business objectives. Early case assessments play an increasingly critical role in successfully advising clients in IP litigation, and we work with our clients and their technical experts at the earliest stages of a litigation to carefully evaluate the strengths and weaknesses of every case in order to pursue the most favorable outcome possible.
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Intellectual Property Litigation

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Representative Matters
  • Counsel to Visual Artists in Copyright Infringement Action Against Google
    • Represented visual artists and their trade associations in one of the largest ever copyright infringement actions against Google, Inc. related to the Google Books Program.
  • Counsel to Fashion Designer RegardingIP Infringement
    • Represented a fashion designer in multiple litigations involving trademark and patent infringement.
  • Represented Prominent Brands in IP Disputes in Federal Court
    • Represented well-known brands in intellectual property disputes in Federal Court and before the United States Patent and Trademark Office and obtained highly successful results for clients. Recently, Barton represented a top internet retailer against a competitor company that copied the client’s website, and she defeated a motion to dismiss copyright infringement, trade dress infringement, false advertising, unfair competition, and unjust enrichment claims
  • Counsel to Italian Distributor in IP Matters
    • Represented an Italian housewares distributor in multiple intellectual property matters.Successfully shut down widespread distribution of counterfeit products via online marketplace websites, resolved multiple infringement claims against the client with minimal exposures, and counseled the client with regard to ongoing trademark and copyright issues.
  • Managed Fashion Companies’ Copyright and Contract Disputes
    • Represented various Italian fashion companies in trademark and copyright infringement and contract disputes in the United States.Obtained favorable settlement of our client’s trademark infringement claims against a U.S.competitor and negotiated a co-existence agreement regarding ongoing use of the companies’ respective trademarks and trade dress. Successfully defended a high-profile Italian designer fashion company against contract claims by a former U.S.distributor, obtaining stay of the distributor’s lawsuit in favor of arbitration, and then obtaining dismissal of the distributor’s claims in arbitration.Successfully sued on behalf of an Italian lingerie company for payments owed by a U.S.distributor; won summary judgment awarding damages, without a trial.