Litigation

Pearne & Gordon has extensive experience in all facets of intellectual property litigation, and litigation forms a significant part of the firm's practice.

The firm's principal litigation experience has consisted of lawsuits relating to the infringement and validity of patents and the infringement of trademarks. The firm's experience also includes handling lawsuits relating to trade secrets, unfair competition, obtaining injunctions and temporary restraining orders, the seizure of infringing goods, and the exclusion of products from the United States. The firm's litigation practice takes it before state courts, federal district courts, federal appellate courts including the Court of Appeals for the Federal Circuit, and the International Trade Commission.

Members of Pearne & Gordon were lead counsel in several landmark cases, including: Kewanee Oil Co. v. Bicron Corp., establishing that Federal patent law does not preempt state trade secret law; American Security Co. v. Shatterproof Glass Corp., establishing that mandatory package licensing is a misuse of non-blocking patents; T.J. Smith & Nephew, Ltd. v. Consolidated Medical Equipment, Inc., establishing criteria for preliminary injunctions in patent cases; In re Pearne, establishing that the Patent Office may not reexamine a previously litigated patent in view of the same prior art; and Symmes v. King, applying criteria for determining when an invention occurs.