IP Litigation

Intellectual property provides businesses and investors with an important competitive advantage.  The proper enforcement of intellectual property rights is critical to preserving this advantage.  For companies accused of infringement, the stakes may be even higher when an infringement claim is asserted against an important product or service provided by the company.

Additon, Pendleton & Witherspoon, P.A. has represented publicly-traded and privately-held companies, as well as individuals, in intellectual property litigation, including patent, trademark, copyright, and trade secret litigation.    We have experience in many technical areas, including organic chemicals, optical fibers, software, medical tests, packaging, machinery, tools, paint films, textiles, and textile processes.  Our litigators have decades of experience litigating intellectual property cases through trial and appeals.

Our attorneys have represented clients in patent cases in federal courts in many states besides North Carolina, including the Eastern District of Texas, the Eastern District of Virginia, and Delaware.  We represent patent owners and accused infringers in patent litigation and have successfully defended clients against patent infringement claims brought by non-practicing entities (often called patent trolls).  We have obtained settlements and/or dismissals on behalf of our clients accused of infringement with no payment and, in several cases, have recovered a portion of attorneys’ fees incurred by our clients.  We have also represented trademark, copyright, and trade secret owners and accused infringers in IP litigation.

Our goal is to work with the client to achieve the best possible result.  Because most cases settle before trial, it makes sense to settle quickly.  Sometimes, however, the parties cannot settle early because of complex issues that must be litigated through discovery, claim construction, summary judgment proceedings, or trial.  We have the experience to take the case as far as necessary to reach the client’s goal.  When the possibility of litigation exists, we counsel our clients early on to avoid being drawn into expensive litigation.