Patent Litigation

Overview

Our lawyers excel at articulating the complex technical and legal concepts of intellectual property in a clear and persuasive manner across a range of dispute resolution scenarios.

Nixon Peabody’s approach considers the broader strategic context of litigation, beyond IP asset protection and enforcement. We have deep experience with jurisdiction and venue motions, complex discovery, use of experts, claim construction hearings, non-practicing entity matters, dispositive motions, trials, appeals, and post-grant proceedings before the US Patent and Trademark Office’s Patent Trial and Appeal Board—including inter partes review, post-grant review, and ex parte reexamination proceedings.

We are also on the cutting-edge of exploring litigation funding solutions for our clients, and our team leverages an extensive network of trusted local counsel and international associates that provide us with the scope and scale to effectively resolve multi-front disputes.

Representative experience

• Won a precedential opinion from the US Court of Appeals for the Federal Circuit in a patent lawsuit regarding non-standard fonts in mobile apps. The ruling leaves intact district court discovery orders upholding Alaska Airlines’ confidentiality designations for its source code and rejecting the opposition’s effort to gain access for its in-house counsel by modifying the District of Utah’s model protective order. Modern Font Applications LLC v. Alaska Airlines, Inc. (Fed. Cir.) 
• Representing Vertiv Corp.—a publicly traded global leader in designing, building, and servicing critical infrastructure for data centers, communication networks, and commercial and industrial facilities—in addressing allegations of patent infringement by a non-practicing entity. Vertiv Corporation v. Valtrus Innovations Ltd. (N.D. Tex.)
• Representing Scientific Applications & Research Associates (SARA), Inc.—an employee-owned company that specializes in creating custom solutions for complex problems in the defense and homeland security industry—in patent litigation matters. Sci. Applications & Research Assocs. (SARA) v. Zipline Int’l (N.D. Cal.) 
• Successfully represented G. W. Aru, LLC and Cochise Technology, LLC in winning a preliminary injunction against false advertising by W. R. Grace & Co.-Conn. in litigation regarding patent infringement and false advertising related to CO to CO₂ combustion promoter additives used in petroleum refineries. G. W. Aru, LLC, et al. v. W. R. Grace & Co.-Conn. (D. Md.)

Recognition

• Nixon Peabody has been named a Tier 1 National firm for Litigation - Intellectual Property and Patent Law in the 2025 edition of Best Law Firms®.