Litigation

Litigation serves as an important legal tool and at Panitch Schwarze, we focus specifically on intellectual property litigation, representing both plaintiffs and defendants.

Our attorneys are widely respected for their legal skills, technical expertise, and trial capabilities. Panitch Schwarze Belisario & Nadel LLP was recently ranked by The Best Lawyers in America® 2012 as a Tier 1 Patent Litigation law firm in Philadelphia, and as a Tier 2 nationally ranked law firm in the same category. Relying on their professional experiences, our attorneys have successfully litigated all manners of intellectual property cases before administrative agencies, state courts, and federal courts, including litigation involving patent, trademark, copyright, trade secret, trade dress cases, computer fraud and abuse, cybersquatting and licensing/contract disputes.

Knowledge, experience, and preparation distinguish our firm's attorneys within the field of IP litigation. Given that such litigation frequently involves highly technical issues, it is imperative that an attorney be able to fully understand and effectively communicate relevant information to the client, judge, and jury. Our attorneys possess the technical knowledge and communication skills necessary to translate highly complex information to a less technologically versed judge and jury. The professional experiences and academic qualifications of our attorneys place them at the vanguard of their respective fields in terms of technical expertise and makes them well-equipped to engage in successful advocacy for every client.

The value of such expertise is bolstered by meticulous attention to detail. It is not enough to simply understand the technology. While technical understanding and sound legal strategies are required, it is the thorough preparation for trial that often determines success. Such preparation includes assembling the team best suited to handle the case, collecting, producing, and reviewing all necessary documents, and drafting well-written briefs.

These steps lay the foundation for successful litigation and place our attorneys in the best position to defend or obtain the intellectual property rights our clients deserve.

Our widely respected litigation practice has attracted a worldwide clientele. In addition to representing many North American companies, our attorneys also represent a wide array of companies from around the globe. Our attorneys are accustomed to coordinating a multination approach and are adept at working with counsel in other countries to ensure that litigation efforts both in the U.S. and abroad are successful.

While litigation is sometimes necessary, one particular area of expertise we have successfully utilized in defending against accusations of patent infringement are challenges in the U.S. Patent and Trademark Office called inter partes reexamination. Our attorneys and patent agents have successfully challenged dozens of patents in this manner resulting in a cost effective result for our clients.

  • Computer Fraud and Stored Communications
  • Copyright Litigation
  • IP Litigation
  • Litigation Practice
  • Patent Litigation
  • Trade Secrets Litigation
  • Trademark Litigation
  • Trial Practice
  • Unfair Competition Litigation

Representative Matters:

  • Advertising Specialty Institute, Inc. v. Landmark Corporate Marketing, et al., represented defendant Landmark Corporate Marketing, trade secrets and contract
  • Aletto Brothers, Inc. v. Oscar Heyman & Brothers, Inc., SD of NY, represented defendant, Oscar Heyman, trademark infringement
  • AMI Entertainment Network, Inc. v. A&E Television Networks, LLC, E.D. Pa., represented plaintiff, AMI Entertainment Network, Inc., trademark infringement
  • AMI Entertainment Network, Inc. v. Big Fish Games, Inc., ED of PA, represented plaintiff, AMI Entertainment, patent infringement
  • Aperio Technologies, Inc. v. Olympus America Inc., et al., District of DE, represented Defendants, Olympus/Hamamatsu, patent infringement
  • Atomizing Systems, Inc. v. True Fog USA et al., Dis. N.J., represented plaintiff, Atomizing Systems, copyright infringement
  • BSES Limited v. LT Industries, Inc., District of MD, represented Plaintiff BSES Limited, patent infringement
  • Chia Yi Chin Jwu Enterprises Co. Ltd. v. IDEA Nuova, Inc. et al., S.D.N.Y., represented defendant, Idea Nuova, patent infringement
  • Creative Compounds v. S.A.N. Nutrition Corp. and Starmark Laboratories, SD of FL, represented defendants, S.A.N. Nutrition Corp. and Starmark Labs, patent infringement
  • Crystal Image Technology, Inc v. Samsung Electronics Co., Ltd, W.D. Pa., represented defendant(s), Samsung Electronics Co., Ltd., patent infringement.
  • DMI Sports, Inc. v. Regent Sports Corp., E.D. Pa., represented plaintiff, DMI Sports, Inc., patent infringement
  • E.J. Breneman v. Road Science, ED of PA, represented defendant, Road Science, patent infringement
  • Fish Net, Inc. v. Foster and Smith, Inc. et al., E.D. Pa., represented defendant, Foster and Smith, trademark infringement and cybersquatting
  • Gamajet Cleaning Systems, Inc. v. Spraying Systems Co., E.D. Pa., represented plaintiff, Gamajet Cleaning Systems, Inc., patent and copyright infringement
  • Grandeye Limited v. ImmerVision, WD of TX, represented defendant, ImmerVision, patent infringement
  • Henry Company v. Stelwagon Roofing Supply, Inc., E.D. Pa., represented plaintiff Henry Company, trademark infringement
  • Heraeus Electro-Nite Co. v. Midwest Instrument, E.D. Pa., represented plaintiff, Heraeus Electro-Nite Co., patent infringement
  • Heraeus Electro-Nite Co. v. Vesuvius USA Corp., E.D. Pa., represented plaintiff, Heraeus Electro-Nite Co., patent infringement
  • Illinois Tool Works Inc. v. Ion Systems, E.D. Pa., represented plaintiff, Illinois Tool Works, Inc., patent infringement
  • Karl Storz Endoscopy-America, Inc. v. Richard Wolf Medical Instruments Corp., ND of IL, represented defendant Richard Wolf, patent infringement
  • Medicis Pharmaceutical Corporation et al. v. Activis MidAtlantic LLC, District of DE, represented plaintiff Alyzan, Inc., patent infringement
  • Medicis Pharmaceutical Corporation, et al. v. Stiefel Laboratories, Inc., WD of TX, represented plaintiff, Alyzan, Inc., patent infringement
  • Merit Industries, Inc. v. JVL Corp, E.D. Pa., represented plaintiff, Merit Industries, Inc., patent infringement
  • Patent Group v. Vesdia Corporation, ED of TX, represented defendant Vesdia Corporation, patent infringement
  • Penn Emblem Company v. World Emblem International, SD of FL, represented plaintiff, Penn Emblem Company, patent infringement
  • Playworld v. BCI Burke, LLC, ED of PA, represented defendant, BCI Burke, trade dress and trademark infringement
  • Prism Technologies, LLC v. VeriSign, Inc. et al., Dist. Del., represented defendant, VeriSign, Inc., patent infringement
  • SAP v. Graphics SAP, Inc., District of DE, represented plaintiff, SAP, trademark infringement
  • Schiller Grounds Care, Inc. v. The Toro Company, E.D. Pa., represented plaintiff, Schiller Grounds, patent infringement
  • ScriptPro, LLC v. Yuyama USA et al., Dis. Kansas, represented defendants, Yuyama Mfg. Co., Ltd., Yuyama USA, and AutoMed Technologies, Inc., patent infringement
  • Source, Inc. v. Access Development, Inc. et al., E.D. Texas, represented defendant(s), Mall Networks, patent infringement
  • SRL, LLC v. Munchkin Inc., District of MA, represented defendant, Munchkin, trademark infringement.
  • T.C. Millwork, Inc. et al. v. KGM Gaming, LLC, E.D. Pa., represented defendant(s), KGM Gaming, LLC, patent infringement and state law tort claims
  • Viskase Companies, Inc. v. World PAC Int’l AG et al., ED of VA, represented defendants, World PAC, patent infringement and state law tort claims
  • Yuyama Manufacturing Company, Ltd. V. JVM Limited, District of MD, represented plaintiff, Yuyama Mfg., patent infringement
  • Zenith Products Corp. v. Elite Home Fashions, LLC et al., E.D. Pa., represented plaintiff, Zenith Products Corp., design patent infringement
  • Zenith Products Corp. v. Splash Home, Inc., E.D. Pa., represented plaintiff, Zenith Products Corp., design patent infringement
  • Zenith Products Corporation v. Carnation Home Fashions, Inc., District of DE, represented plaintiff, Zenith Products Corporation, trademark and copyright infringement
  • Zenith Products Corporation v. Design Home Solutions, LLC, SD of FL, represented plaintiff, Zenith Products Corporation, patent infringement
  • Zenith Products Corporation v. DHI Corp., WD of WI, represented plaintiff, Zenith Products Corporation, patent infringement
  • Zenith Products Corporation v. Hardware Resources, MD of PA, represented plaintiff, Zenith Products Corporation, patent infringement
  • Zenith Products Corporation v. Kenney Manufacturing, District of RI, represented plaintiff, Zenith Products Corporation, patent and trade dress infringement
  • Zenith Products Corporation v. Organize-It-All, Inc., District of NJ, represented plaintiff, Zenith Products Corporation, copyright infringement
  • Zenith Products Corporation v. Popular Bath, District of DE, represented plaintiff, Zenith Products Corporation, patent infringement
Media Center

Subject Matter Conflicts in IP // October 2, 2014
John Steele, Esq., will give a presentation on Subject Matter Conflicts in IP. CLE will be applied for but is not guaranteed Read more

Expedited Examination // September 16, 2014
Jefferson Cheatham, attorney with Panitch Schwarze Belisario & Nadel LLP, will give a presentation on Expedited Examination.  Lunch will be served. CLE will be applied for but is not guaranteed. Read more

Panitch Schwarze Opens New Location in Delaware // September 10, 2014
Panitch Schwarze Belisario & Nadel LLP is pleased to announce its expansion of its Intellectual Property practice with the opening of a new Wilmington, Delaware office. Read more

Panitch Schwarze Announces New Location in Delaware // August 25, 2014
Panitch Schwarze Belisario & Nadel LLP is pleased to announce its expansion of its Intellectual Property practice with the opening of a new Wilmington office at the Applied Bank Center, 2200 Concord Pike, Suite 201, Wilmington, DE 19803.  Read more

Recent U.S. Supreme Court Ruling on Business-Related Software Inventions” (Alice Corp. v. CLS Bank) // July 14, 2014
The U.S. Supreme Court recently ruled on a patent case,  Alice Corp. v. CLS Bank, regarding whether business-related software inventions are entitled to patent protection under 35 U.S.C. § 101, which defines the statutory categories of inventions entitled to patent protection. Read more

Panitch Schwarze Attorneys Recognized as “Leaders in their Field” in Chambers USA 2014 // July 10, 2014
Panitch Schwarze Belisario & Nadel LLP is pleased to announce that Ronald L. Panitch, William W. Schwarze, Martin G. Belisario, Alan S. Nadel, and Clark A. Jablon have been ranked as “Leaders in their Field” in the 2014 Chambers & Partners USA Directory for the field of Intellectual Property. Read more

Inequitable Conduct: A Recap of Therasense and Subsequent CAFC Decisions // June 26, 2014
Summer Associate William Kaufmann will give a presentation on Inequitable Conduct. Lunch will be provided. CLE is being applied for but is not guaranteed. Read more

Nine Panitch Schwarze Attorneys Named Pennsylvania "Super Lawyers" and "Rising Stars" for 2014 // May 23, 2014
Panitch Schwarze Belisario and Nadel LLP is pleased to announce that Ronald L. Panitch, William W. Schwarze, Martin G. Belisario, Alan S. Nadel and Frederick A. Tecce have been selected to the Pennsylvania "Super Lawyers" list as five of the top attorneys in Pennsylvania for 2013. Read more

Australian and New Zealand Patent Law // May 14, 2014
Matt Adams, Partner with AJ Park in New Zealand, will hold a presentation on various updates in New Zealand and Australian patent law. Lunch will be served. CLE will be applied for but is not guaranteed Read more

Panitch Schwarze Welcomes New Attorney Kimberly S. Chotkowski // April 7, 2014
Kimberly S. Chotkowski has joined Panitch Schwarze Belisario & Nadel LLP as an intellectual property attorney with patent litigation, licensing and prosecution experience along with negotiating global IP licenses. Read more

Discussion Over High Court Ruling On Police Dog's Sniff of Car With Attorney Fred Tecce and Bloomberg News // February 24, 2014
Bloomberg News and attorney Fred Tecce discuss police dogs and searches without warrants in recent high court rulings. Read more

Patricia Rogowski Joins IP Firm To Build Delaware Office // February 12, 2014
Philadelphia law firm hires Patricia Smink Rogowski, as a partner to build their Wilmington, Delaware office. Pat has over 26 years of experience in patent, trademark and copyright prosecution and counseling. Read more

Panitch Schwarze Welcomes New Partner Patricia Smink Rogowski // February 5, 2014
Patricia Smink Rogowski has joined Panitch Schwarze Belisario & Nadel LLP as a partner with over 26 years of experience in patent, trademark and copyright prosecution and counseling, and in intellectual property litigation in federal district courts and in appeals to the Court of Appeals for the Federal Circuit. Read more

Panitch Schwarze Ranked Among 2014 "Best Law Firms" // November 1, 2013
U.S. News has named Panitch Schwarze Belisario & Nadel LLP as a 2014 Best Lawyers® "Best Law Firm." and was specifically mentioned nationally and in the Philadelphia metropolitan area for Intellectual Property. Read more

Is Trade Secret Definition an Active Litigation Matter? // October 8, 2013
Regardless of your role in any litigation, for the foreseeable future, trade secret criminal prosecution is here to stay and we need to conduct ourselves and represent our clients accordingly. Read more

Panitch Schwarze Attorney, Fred Tecce, Opines On Privacy And Rights Of Publicity // August 19, 2013
Fred Tecce and Fox News address privacy rights on Kate Middleton photos on the internet and how the French courts will rule on the rights to the photos. Play video

Panitch Schwarze Attorney, Fred Tecce, Discusses How Bernie Madoff is Playing The "Blame Game" // August 19, 2013
Bloomberg News interviews attorney Fred Tecce about statements made by Bernie Madoff on his financial case. Play video

Fred Tecce, Attorney for Panitch Schwarze Speaks About The Political Blog Suing Its Former Pollster // August 19, 2013
Attorney Fred Tecce is interviewed by Fox News on fraudelant data supplied by a former pollster and court case which is filed. Play video

The Rise of Non-Practicing Entity (NPE) Patent Litigation // July 13, 2013
The biggest news of this year in the patent industry is probably the dramatic increase in patent litigations filed by non-practicing entities (NPEs).  A record 60% of all patent litigations in the past year were filed by NPEs.  The entire landscape of patent litigation is being affected by this rise. Read more

Bloomberg News Interviews Fred Tecce about Patent Litigation Changes in 2011 // May 25, 2012
Attorney Fred Tecce provides overview of patent litigation and law changes and updates including the America Invents Act. Read more

What Companies Need to Know about the Leahy-Smith America Invents Act (AIA) Patent Reform Legislation: Part II // April 1, 2012
Part II of this series of articles looks at new examination provisions, fees, fee structures, and review processes. Read more

What Companies Need to Know about the Leahy-Smith America Invents Act (AIA) Patent Reform Legislation: Part I // March 1, 2012
Part I of this series of articles will focus mainly on key litigation-related provisions that are effective now. Read more

Distinguished Litigation and Intellectual Property Attorney Frederick A. Tecce Joins Philadelphia IP Boutique Panitch Schwarze Belisario & Nadel LLP // January 3, 2012
Panitch Schwarze Belisario & Nadel LLP, a Philadelphia intellectual property law firm, is delighted to announce the addition of veteran litigation attorney Frederick A. Tecce  to the firm. Tecce was a partner of McShea & Tecce and is a former Assistant U.S. Attorney where he tried numerous cases. Read more

Panitch Schwarze Hosts Leahy-Smith America Invents Act Live Seminar & Webinar // December 16, 2011
Panitch Schwarze attorneys Alan Nadel, Clark Jablon, John Simmons, and Dennis Butler hosted a live seminar and webcast entitled “Leahy-Smith America Invents Act” on November 30, 2011. The presentation discussed major changes found in the sweeping new law including the introduction of the first-tofile system, the post grant review proceedings, and the impact this will have on patent litigation. Read more

Four Panitch Schwarze Attorneys Named Best Lawyers in America for 2012 // November 18, 2011
Four attorneys were recently selected by their peers for inclusion in The Best Lawyers in America 2012-2013. In addition, the firm was ranked in the Best Law Firms rankings, published in November’s U.S. News and World Report’s Money issue. Read more

From The Blog

May 28, 2014
Sierra Railroaded by Theft of Trade Secrets
On May 1, a federal jury in California awarded $17.4 million in punitive damages be paid by Patriot Rail Company LLC to Sierra Railroad Co. less than two months after awarding a $22.3 million verdict for misappropriation of trade secrets. The case stems from discussions in 2005 through which Patriot expressed interest in purchasing Sierra. […] Read more

April 9, 2014
Enforcing Trade Secrets in One Case May Void Trade Secrets in a Future Case: U.S. Court Voids $920 Million DuPont Award in Kevlar Case
On April 3, the 4th Circuit Court of Appeals vacated a $919.9 million verdict awarded to DuPont in a theft of trade secrets action against Kolon Industries, Inc. The award was the third largest U.S. jury verdict in 2011. A new trial has been ordered. In 2009, DuPont sued Kolon over allegations that former employee […] Read more

April 1, 2014
Pennsylvania Judge Vacates $1.4 Million Trade Secret Verdict
On March 21, the Pennsylvania Superior Court vacated a $1.4 million verdict in a trade secret case between Advanced Research System Inc. (“ARS”) and ColdEdge Technologies Inc., both of which manufacture and sell devices for low temperature scientific research. In 2008, ARS sued ColdEdge and its founders in the Lehigh Valley Court of Common Pleas […] Read more

March 26, 2014
Judge Expresses Concern over Indictment of Ex-Two Sigma Employee
As we previously reported, Kang Gao, a former analyst for Two Sigma Investments, was indicted in New York for 11 counts related to the theft of trade secrets. He is being held on $1 million bail. Two Sigma also sued Gao on civil charges stemming from the same alleged taking of information regarding Two Sigma’s […] Read more

March 20, 2014
PNC Sues Former Executive and Morgan Stanley Over Theft of Trade Secrets
On March 14, PNC Financial Services Group filed suit in the Western District of Pennsylvania against one of its former executives and Morgan Stanley Inc. over allegations of the theft of trade secrets. PNC alleges that Eileen Daly, a former senior vice president at PNC, along with three other PNC employees, obtained confidential customer information […] Read more

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