Intellectual Property Litigation

Berg & Androphy attorneys are experienced in prosecuting and defending IP claims, including trademark, trade dress, trade secret, copyright, false advertising, patent and licensing matters, and have successfully tried many IP cases to verdict. We bring decades of trial experience before every type of tribunal in litigating our clients’ IP claims and it is this experience that brings clients to our door when their company (and their company’s IP) is on the line. Significant representations include:

• Marvel Inc. as defendant, resulting in the successful dismissal of a series of copyright lawsuits filed around the country asserting ownership claims to many of Marvel’s most valuable characters, including Spider Man, the Fantastic Four, the Hulk, Iron Man, and dozens of others, and obtaining attorney fees worth nearly half a million dollars in favor of Marvel.
• CBS Interactive in defeating motion for class certification and dismissal of putative class action for alleged violation of college athletes rights of publicity in connection with the sale of their photographs on the internet.
• Samsung as plaintiff against Texas Instruments (TI) in a trial that resulted in a settlement just before the case went to the jury that included an extended royalty agreement at fifty percent of TI’s demand and TI’s dismissal of fourteen worldwide patent infringement cases against Samsung.
• Eventim in seeking nearly a billion dollars in damages in connection with a long term licensing agreement involving Eventim’s world-renowned ticketing system as tried before the International Chamber of Commerce in Paris.
• Samsung as defendant in a patent infringement case that threatened its billion dollar LED line of business, resulting in a dismissal against the “inventor”/plaintiff, which was found to have intentionally deceived the U.S. Patent & Trademark Office.
• Dan Aykroyd’s premium vodka brand Crystal Head, as plaintiff in a successful trademark infringement action against the makers of KAH Tequila. After two weeks of trial, the California jury determined that KAH’s knock-off skull bottle intentionally infringed on Crystal Head’s iconic crystal skull bottle.