Practice Areas

Administrative Law
Antitrust
Appellate
Class Action
Commercial Litigation
Constitution — First Amendment
Constitution — Second Amendment
Constitution — Fifth Amendment
Constitution — Civil Rights
Constitution — Commerce Clause
Constitution — Separation of Powers
Constitution — Voting Rights
Election Law
Employment Litigation
Government Contracts
Healthcare Litigation
Intellectual Property
Qui Tam
Real Estate Litigation
State Representation
Telecommunication Litigation
Trial Practice
U.S. Supreme Court
U.S. Court of Appeals
Intellectual Property

Intellectual Property

Cooper & Kirk has represented clients in a number of industries in high-stakes disputes involving intellectual property issues. We have litigated disputes under both the U.S. patent laws and the U.S copyright laws in a number of federal trial and appellate courts. Our patent work has included litigation against the United States, in the U.S. Court of Federal Claims and the U.S Court of Appeals for the Federal Circuit, seeking compensation for the federal government’s unauthorized use of patented inventions, as well as patent validity litigation before the Federal Circuit. We have also filed amicus briefs in important matters before the Supreme Court concerning the proper interpretation and application of the laws governing patent eligibility. Our patent-related litigation has involved disputes over patents issued in cutting edge fields, including the validity of pharmaceutical patents for one of the highest-selling medications on the market and the eligibility of important computer-implemented inventions for patent protection.

Along similar lines, Cooper & Kirk’s work in the copyright field has included litigation over the implications under the copyright laws of important technological developments that have transformed the music industry. And we have also litigated high stakes matters involving claims for the misappropriation of trade secrets and the misuse of confidential commercial information.

In addition to our litigation work on intellectual property issues, we have also advised clients on the constitutionality of certain important provisions of the patent laws (including provisions of the America Invents Act of 2011) and legislative efforts to encroach upon other types of intellectual property.

Given our knowledge regarding a wide range of variety of intellectual property issues, as well as the breadth and depth of our experience with numerous types of commercial, administrative, and constitutional disputes, we believe that Cooper & Kirk can offer a fresh and unique perspective to clients faced with intellectual property disputes.

Issue
Shareholder Misappropriation of Trade Secrets
Level of Court
Delaware Supreme Court

Overview We represented a corporation suing a former shareholder who, shortly after ending its involvement with our client, invested in a competitor to our client, alleging that the former shareholder has misappropriated our client’s trade secrets and confidential information.

Issue
Patent Eligibility Rules
Level of Court
United States Supreme Court

Overview We represented a group of technology companies as amicus counsel in a case concerning the patent-eligibility of computer-implemented inventions. We argued that such inventions should not be subjected to restrictive patent eligibility rules, which could incorrectly render many such inventions ineligible for patent protection under the judicial exception for “abstract ideas.”

Issue
Prozac Patent Enforcement
Level of Court
US Court of Appeals - Federal Circuit

Overview We represented Eli Lilly in its effort to retain its patent on the drug Prozac, one of the largest-selling drugs in the nation. A panel of the United States Court of Appeals for the Federal Circuit held that patent invalid. We were retained to assist in seeking rehearing, which was granted and to prepare a petition for certiorari in the Supreme Court.

Issue
Napster Copyright Infringement
Level of Court
US Court of Appeals - Ninth Circuit

Overview We served as co-counsel to the Recording Industry Association of America in its copyright infringement suit against Napster. The Ninth Circuit upheld a preliminary injunction based on our clients’ claims of vicarious and contributory copyright infringement.