Intellectual Property Litigation: Overview
Buchanan's IP Litigation Practice Group recognizes that whether our clients are plaintiffs or defendants, they need a team that is committed to obtaining the best possible outcome for their cases and achieving their business objectives. That team must understand the scientific, technological and engineering issues presented by each case. That team must also have significant IP litigation experience and a firm grasp of the litigation strategy, tactics and techniques necessary to prevail in complex IP disputes. That team must fully comprehend our client's business objectives and the resources the client is prepared to commit to achieving those goals. That team is Buchanan's IP Litigation Practice Group.
Buchanan's IP litigators are prepared to serve as the litigation team that works with the available resources to meet the needs and achieve the objectives of our clients to the maximum possible extent in every IP case.
Success in IP litigation can be obtained in many ways, and a successful outcome that achieves our clients' business objectives can take more than one form. Although we are ready to handle each case from the pre-filing investigation through discovery, trial and appeal, we know that it can sometimes be far less expensive and just as effective to conclude a case sooner rather than later. Prevailing in a Markman hearing, on a motion for complete or partial summary judgment, in a reexamination proceeding at the USPTO, in a mediation, or in settlement negotiations can sometimes produce a better overall result than winning a verdict after a long trial.
Based on decades of IP litigation experience, we believe that, no matter what our clients' objectives may be, whether to induce an early settlement or to win a jury verdict, the best way to achieve those objectives is to work closely with the litigation team to prepare for trial — from the moment the decision to litigate is made. There is nothing more sobering to a party in IP litigation than the realization that its opponent is working with a fully qualified and committed team of IP litigators to become trial ready.
We also believe that IP litigation must be approached aggressively, but in a controlled manner that is calculated to produce the maximum impact at each stage of the case. To achieve that, the full resources of Buchanan, both technical and legal, are available and committed to analyzing each case at the outset and working with our clients to decide the best approach to achieve their business objectives. From that point on, we consult with our clients regularly to review and evaluate the case plan, the litigation costs and the options available to achieve their objectives. At all times, we remain committed to our clients' goals, to being efficient and cost-effective, and to being flexible and responsive.
Buchanan's IP litigation practice covers a wide range of intellectual property disputes. Our core practice includes:
- Patent Litigation
- Patent Interferences, Reexaminations and Reissues
- Trademark Litigation
- Copyright Litigation
- U.S. International Trade Commission Litigation
- Trade Secrets Litigation
- Unfair Trade Practices and Unfair Competition Litigation
- Appellate Litigation
In the United States, a large percentage of IP litigation matters are handled in a small number of federal judicial districts. These districts include the Eastern District of Virginia, the District of Delaware, the Southern District of New York, the Eastern District of Texas, the Western District of Wisconsin, the Northern District of Illinois and the Northern District of California. Buchanan's IP litigators have successfully handled cases in all these districts as well as many others.
In particular, because of our long-standing presence and substantial IP practice in Alexandria, Virginia, we have a high level of experience in the United States District Court for the Eastern District of Virginia. This court is widely known for the speed and proficiency with which it handles complex IP disputes of all types. The court is often referred to as "The Rocket Docket." Our close proximity to the court and familiarity with the judges and the local practices and customs of the court have proved to be highly valuable to our clients in resolving IP litigation matters there.
Buchanan is one of the oldest full-service law firms in the United States. Through its merger with Burns, Doane, Swecker & Mathis, LLP, one of the nation's largest and most distinguished firms focusing exclusively on intellectual property, Buchanan can trace its history of successfully handling IP disputes back to the 1930s. That legacy continues today, and Buchanan's IP litigators continue to be unequivocally committed to this tradition of scientific and legal excellence in handling IP disputes for all our clients — from the largest domestic and overseas corporations to individual inventors and entrepreneurs. In short, we strive to achieve our clients' business objectives and the highest level of client satisfaction in every IP dispute in which we are retained as counsel.

