Intellectual Property Litigation

"Admiring competitors agreed.  It's simply number one."

- Chambers USA

The Intellectual Property Litigation Group has represented clients in complex disputes involving patents, trade secrets, trademarks, copyrights, unfair competition, and antitrust issues.  We have successfully litigated cases on products and services in all areas of technology in the Delaware District Court, the Delaware Court of Chancery and Superior Court and federal courts throughout the country including the Court of Appeals for the Federal Circuit.

Representative Matters

News

• Twenty-One Morris Nichols' Practice Areas Named in U.S. News/Best Lawyers 2011-2012 Rankings of Best Law Firms
  Morris, Nichols, Arsht & Tunnell LLP has been recognized in twenty-one practice areas in the U.S. News & World Report/Best Lawyers 2011 - 2012 "Best Law Firms" rankings.
• Morris Nichols Releases iPad App to Help Legal Professionals Navigate Delaware Law and Practice
  Morris Nichols is pleased to announce that its new iPad application, Morris Nichols’ Delaware Bankruptcy Companion for iPad, is available as a free download from the App Store. It is the first in a series of Delaware practice-specific apps produced by Morris Nichols tailored for legal professionals. Morris Nichols becomes the first U.S. law firm to release a legal practice and procedures app for the iPad.
• 25 Morris Nichols Attorneys Named to The Best Lawyers in America 2012
  25 Morris Nichols attorneys have been named to The Best Lawyers in America 2012 in twenty practice areas.
• Chambers USA 2011 Names Twenty Morris Nichols Attorneys and Four Practice Groups as Best In Delaware
  The 2011 edition of Chambers USA: America’s Leading Lawyers for Business today ranked twenty Morris Nichols’ attorneys and four practice groups as best in Delaware.
• 19 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers – Delaware Edition 2011
  Super Lawyers® magazine has named 19 Morris Nichols attorneys as top legal counsel in Delaware for 2011.
• Morris Nichols’ Jack Blumenfeld Ranked Number One in Delaware Among World’s Foremost Patent Litigators
  Jack B. Blumenfeld has been ranked the number one Delaware patent litigator by Intellectual Asset Management (IAM) magazine in the 2011 edition of IAM 250 -The World's Leading Patent Litigators.
• Morris Nichols Attorneys Listed in Lawdragon’s 500 Leading Lawyers in America
  Rick Alexander, Jack Blumenfeld, John Johnston, Bill Lafferty, Ken Nachbar and Gil Sparks have been recognized in Lawdragon Magazine’s listing of its 500 Leading Lawyers in America 2010.
• Morris Nichols is Top Delaware Law Firm for Patent Litigation in 2010 Corporate Counsel Survey
  Morris Nichols has been recognized as the top Delaware law firm for patent litigation by Corporate Counsel magazine in its 2010 Patent Litigation Survey.
• Morris Nichols Named a 2011 “Go-To Law Firm” for the Top 500
  Morris Nichols has been named a Go-To Law Firm for the Nation’s top 500 companies by Corporate Counsel.
• Ten Morris Nichols Practice Areas Named in U.S. News/Best Lawyers 2010 Rankings of Best Law Firms
  Morris Nichols has been named in the inaugural U.S. News & World Report/Best Lawyers 2010 “Best Law Firms” rankings.
• 26 Morris Nichols Attorneys Named to The Best Lawyers in America 2011; Firm is Top-Listed in Eight Categories in Delaware
  26 Morris Nichols attorneys have been recognized in The Best Lawyers in America 2011. The firm was also “Top-Listed in Delaware” in eight practice areas.
• Morris Nichols serves as Delaware counsel for Successful Patent Litigation Team in Dow Chemical’s $61.7 Million Patent Infringement Verdict
  Rodger Smith served as Delaware counsel on the patent litigation team that successfully represented The Dow Chemical Co. in its recent patent infringement trial against rival Nova Chemicals.
• Chambers USA 2010 Names Twenty Morris Nichols Attorneys as Leading Lawyers
  The 2010 edition of Chambers USA: America’s Leading Lawyers for Business today ranked twenty Morris Nichols attorneys and four practice groups as among the best in Delaware.
• 18 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers – Delaware Edition 2010
  Super Lawyers® magazine has named 18 Morris Nichols attorneys as top legal counsel in Delaware for 2010.
• Lawdragon Names Four Morris Nichols Attorneys Among 500 Leading Lawyers in America
  Rick Alexander, Jack Blumenfeld, Bill Lafferty and Ken Nachbar have been named to the Lawdragon 500 Leading Lawyers in America 2010 guide.
• Karen Jacobs Louden Receives Delaware State Bar Association’s 2009 Women’s Leadership Award
  Karen Jacobs Louden is the recipient of the Delaware State Bar Association’s (DSBA) 2009 Women’s Leadership Award.
• Morris Nichols is Top Delaware Law Firm for Patent Litigation in 2009 IP Law & Business Survey
  IP Law & Business Patent Litigation Survey recognizes Morris Nichols as the leading firm in Delaware for patent litigation.
• 26 Morris Nichols Attorneys Named to The Best Lawyers in America 2010: Firm Earns Seven #1 Rankings in Delaware
  The Best Lawyers in America 2010 has ranked Morris Nichols #1 in Delaware in seven practice areas and has named 26 Morris Nichols attorneys to its The Best Lawyers in America 2010 list.
• Morris Nichols Expands IP Litigation, Business Reorganization and Restructuring Practices
  Morris Nichols is pleased to announce that Melissa Troutner has joined the firm as an associate in the Intellectual Property Litigation Group and that David Arens and Carl Fleming have joined the firm as associates in the Business Reorganization and Restructuring Group.
• Chambers USA 2009 Names 20 Morris Nichols Attorneys and Five Practice Groups as Best in Delaware
  Chambers USA: America’s Leading Lawyers for Business today ranked twenty Morris Nichols’ attorneys and five practice groups as best in Delaware.
• 18 Morris Nichols Attorneys Selected for Inclusion in Super Lawyers – Delaware Edition 2009
  Super Lawyers® magazine has named 18 Morris Nichols attorneys as top legal counsel in Delaware for 2009, three more than were listed in 2008.
• 2009 Law360 Litigation Almanac Ranks Morris Nichols' Patent Litigation Practice Second Busiest in US
  Morris Nichols' IP group recognized as the second busiest in the US.

Newsletters

• UPDATE: Senate Confirms Richard G. Andrews To Fill Judicial Vacancy; Christopher J. Burke Sworn In As Magistrate Judge

Publications

• Karen Jacobs Louden, Legitimate Businesses Get Caught in the Web: Does the Anticybersquatting Protection Act Go Too Far? Delaware Law Review, Vol. 10:1 (2008)
• Mary B. Graham, Presentation on Forum Selection: Delaware Symposium: Ethical Issues In Patent Law; The Catholic University of America, Columbus School of Law, March 29, 2007
• Mary B. Graham, Building A House: The IP Case That Will Sell a chapter in IP Legal Strategies, part of the series INSIDE THE MINDS: IP LEGAL SERIES (Aspatore Books, Spring 2007)
• Vice Chancellor Donald F. Parsons, Jack B. Blumenfeld, Mary B. Graham and Leslie A. Polizoti, Explaining Venue Choice and Litigant Preferences: Solving the Delaware Mystery ECONOMIC DAMAGES IN INTELLECTUAL PROPERTY: A HANDS-ON GUIDE TO LITIGATION 67-81 (Daniel Slottje ed., John Wiley & Sons 2006)
• Donald F. Parsons, Jr., Jack B. Blumenfeld, Mary B. Graham & Leslie A. Polizoti, Solving the Mystery of Patentees' 'Collective Enthusiasm' for Delaware Delaware Law Review, Vol 7:2 (2005)
• Karen Jacobs Louden & Tiffany Fonseca, Does the Federal Trademark Dilution Act Provide A Right Without A Remedy? Delaware Law Review, Vol. 7:1 (2004)