Kerr & Wagstaffe LLP represents clients in patent, trademark, copyright and other intellectual property litigation.  We have successfully defended the rights of inventors seeking fair compensation for their innovations, protected the rights of businesses against those seeking to improperly gain from misuse of their valuable brands, and asserted the rights of authors and other creative professionals to control use of their works.  Our experience includes not just major patent litigation but trademark, trade dress, trade secret, and copyright matters.

We approach intellectual property disputes from the perspective of the jurors who ultimately are called upon to resolve them.  While remaining firmly rooted in the technical and legal details, we develop the stories necessary to explain complex concepts to laypersons and focus their attention on the key evidence.  Whether representing inventors, authors or trademark holders or those accused of intellectual property violations, our attention to detail and ability to weave a persuasive narrative maximizes value for our clients.

Notable Cases

Commonwealth Scientific and Industrial Research Organisation v. Lenovo et al.

 

Kerr & Wagstaffe represents CSIRO, Australia’s national science agency, in litigation to enforce its United States patent on the wireless LAN technology underlying the IEEE 802.11 a, g and n standards, commonly referred to as Wi-Fi.  The firm has represented CSIRO in several successful rounds of litigation at the district court and appellate levels, and currently plays a lead role in pending cases against computer hardware manufacturers, semiconductor companies and cellular telephone carriers.  At the appellate level, Kerr & Wagstaffe LLP has prevailed on critical issues, including novel interpretations of the “customer suit exception” to the first-filed rule.

International Trademark and Trade Dress Dispute

 

We were asked to represent an American consumer products manufacturer whose key product design had been unlawfully copied by a Chinese competitor in cooperation with the major domestic corporation it supplied.  Our strategy of aggressive preparation allowed us to apply pressure at the retail level and led to an immediate cessation of the infringing activity with a successful and efficient resolution of the dispute.

Kremen v. Cohen ("sex.com")

 

Kerr & Wagstaffe LLP represented plaintiff, the owner of the “sex.com” domain name, in one of the foundational cases establishing the rights of internet domain name holders. After our client’s domain name was stolen by use of a forged signature sent to Network Solutions, Inc., the domain registrar, we obtained a groundbreaking decision from the Ninth Circuit holding that our client had a property right to the stolen domain and that Network Solutions was potentially liable for giving it away without proper authorization. The firm successfully obtained a court order returning the name to the plaintiff and additionally secured a judgment for the plaintiff, which also was affirmed on appeal.