Main Practice Contacts

David H. Harper
+1 214.651.5247

Phillip B. Philbin
+1 214.651.5684

In the News

Haynes and Boone in Law360: PTAB Sides With Google, Finds Cloud Patent Invalid

Google Inc. has earned a win before the Patent Trial and Appeal Board, with the panel ruling that nearly all the claims of a cloud-storage technology patent owned by Whitserve LLC are obvious because of the combined disclosures of prior art. >>

Jason Bloom in Yahoo Finance: Could Aereo Come Back from the Dead?

Controversial online television service Aereo is trying to make a comeback, after the Supreme Court ruled last month it was violating copyright laws by transmitting local channels over the Internet.

Now Aereo says in a new court filing that it wants to be treated just like cable TV carriers, which are entitled to carry local broadcast channels if they pay a government-set compulsory license fee. That’s the opposite of what the Barry Diller-backed startup had argued for the past two years, when it claimed to be providing customers with individual service via thousands of tiny TV antennas. >>

Jason Bloom in Inc.: What the Aereo Decision Means for Tech and Cloud Computing

As Aereo gropes for a way forward after a U.S. Supreme Court ruling all but shuttered it on June 25, most experts who have followed the case do not seem overly concerned that the decision could have broader repercussions for the tech industry. >>

Jason Bloom in Forbes: Aereo Loses Big As Supreme Court Calls It Equivalent To Cable TV

Aereo, the Barry Diller-backed startup that thought it found a way around copyright laws by giving every subscriber their own dime-sized television antenna mounted in a server rack, was dealt a potentially fatal blow by the U.S. Supreme Court in a decision that likened the streaming service to conventional cable TV. >>

Recent Publications

Supreme Court Pulls the Plug on Aereo

The Supreme Court today ruled that Aereo’s system for transmitting over-the-air television broadcasts through the Internet violates copyright law. In a 6-3 decision, with Justice Breyer writing for the majority, the Court ruled that Aereo both “performs” the television broadcasts at issue and does so “publicly.” >>

After 22 Years of Litigation, the U.S. Trademark Office Again Cancels the Washington Redskins’ Trademarks as Disparaging to Native Americans

On June 18, 2014, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office granted a petition to cancel six trademarks owned by the Washington Redskins football team. In Amanda Blackhorse, et al. v. Pro-Football, Inc., the TTAB, by a 2-1 vote, held cancellation of the trademarks was warranted “because they were disparaging to Native Americans at the respective times they were registered.” >>

Recognition for Our Litigation Practice

  • The BTI Consulting Group’s BTI Litigation Outlook 2013 recognized Haynes and Boone in three litigation areas: securities or finance related litigation, complex commercial litigation and IP litigation. The national survey of more than 350 senior in-house attorneys asked, “Which firm do you consider to be best suited to helping you” with various legal services.

Intellectual Property Litigation

No matter the forum, Haynes and Boone will protect its clients’ intellectual property from infringers and defends its clients from infringement or misappropriation claims. We have represented IP clients in federal and state courts and in the dispute-resolution forums of the U.S. Patent and Trademark Office (“USPTO”), as well as in international tribunals.

Our definition of success is to achieve client business objectives. That can mean aggressive representation at trial, strategic settlement negotiations or alternative dispute resolution that achieves competitive goals without the expense of litigation.

A Well-Rounded Team Approach

At the core of our IP litigation team are true patent lawyers who have undergraduate and graduate advanced technical degrees and are licensed to practice in the USPTO. They work closely with trial lawyers - many of whom are also licensed patent lawyers - who use their technical knowledge and advocacy skills to clearly and concisely present their client’s case to judge and jury.

Together the members of this multidisciplinary practice can leverage and enforce IP assets and rights throughout the world, representing clients as plaintiffs and defendants in controversies over:

  • Patent, trademark and copyright infringement
  • Trade secret misappropriation
  • Interferences, oppositions and re-examinations
  • Technology contracting

Solid Technical Foundation

Unlike boutique IP litigation specialists, our IP litigation group is positioned to protect clients’ intellectual property assets across a full spectrum of technologies and applications. Our lawyers have worked as patent examiners at the Patent and Trademark Office, and as engineers or in-house counsel with leading technology companies. Our trial lawyers are also technologically savvy, and can break down complex concepts for judges and juries alike.

Multinational corporations, emerging companies and established mid-sized business all depend on Haynes and Boone IP litigators to fully understand their technologies. That knowledge enables us to create an effective defense for the IP rights of any product.

Defending Rights to Trade Secrets

Disputes over non-compete agreements often pit employers against each other. We have handled litigation representing both employees’ former and new employers, and are skilled at securing and resisting temporary restraining orders (TROs) and permanent injunctions to protect employer interests in either type of case.

Our lawyers can effectively deal with trade secrets involving both hard (for example, in semiconductor fabricating equipment) and soft (such as software for processing everything from customer orders to income tax returns) technologies.

Copyright and Trademark Litigation

In addition to complex patent-infringement litigation, Haynes and Boone also regularly handles litigation involving trademark- and copyright-infringement claims. Haynes and Boone has successfully represented both plaintiffs and defendants in bench and jury trials, and before federal and state courts.

Handling Disputes at the Patent and Trademark Office

We both pursue and defend against objections to patent and trademark filings before the Trademark Trial and Appeals Board and Board of Patent Appeals and Interferences of the Patent & Trademark Office.

An effective interference action depends on investigation strengths and techniques that we have developed during many actions before the boards. Often we are able to determine that a rival claim seeks to expand and support its claims by relying on materials developed after the filing date, leading to a rejection of the opponent's claim. In other instances we can demonstrate that the claims of other parties are incomplete, or that former employees’ claims are invalidated by the terms of their employment.

Haynes and Boone has also defended and pursued many trademark opposition and cancellation proceedings before the Trademark Trial and Appeals Board.

Defending Competitive Advantage

Companies make major investments of time and money in developing patents, trademarks, and other intellectual property assets. Haynes and Boone’s IP litigators know that creating competitive advantage depends on making the risks and rewards of intellectual property development pay off for our clients. We are skilled at finding the most creative ways to help them exploit and protect their intellectual property assets and advantages.