INTELLECTUAL PROPERTY

Massey & Gail’s lawyers have decades of intellectual property experience handling patent, trademark, copyright and trade secret cases. We represent both petitioners and patent owner in inter partes reviews (IPR) at the United States Patent & Trademark Office. We also handle IP appeals, both in our own cases and in cases where we are brought in after an adverse result at trial.

When our clients are plaintiffs, their IP often represents the crown jewels of their businesses. We help them protect those assets and unlock their full value, whether through pre-licensing negotiations, suits against infringers, or by defeating IPR cancellation proceedings. When our clients are defendants, our attorneys’ extensive experience allows us to focus on essential issues early, identifying the motivating factors of both strategic plaintiffs and non-practicing entities (NPEs), and using that information to craft a coherent strategy to end the case on terms favorable to the client.

We also recognize that our clients’ interests, whether as patent owners or as potential infringers, often lie in resolving disputes without litigation. To that end, we provide strategic advice to our clients regarding licensing negotiations with patent owners and develop negotiating points and presentations for our clients, enabling them to strike better deals without the need to resort to litigation.

REPRESENTATIVE MATTERS

Representing a biotechnology trade organization in filing amicus briefs for cases before the U.S. Supreme Court. TC Heartland LLC v. Kraft Food Brands LLC; Oil States Energy Services LLC v. Greene’s Energy Group LLC.
Representing a pharmaceutical manufacturer in a sovereign immunity case before the Federal Circuit and U.S. Supreme Court after an adverse result before the U.S. Patent & Trademark Office. Saint Regis Mohawk Tribe and Allergan, Inc. v. Mylan Pharmaceuticals, Inc.
Representing on appeal a trademark holder before the Tenth Circuit after an adverse result cancelling their mark before the district court.
Representing a financial services company in patent litigation against a non-practicing entity in the Eastern District of Texas.
Representing a Japanese consumer electronics manufacturer in an International Trade Commission case against a non-practicing entity, achieving victory after a five-day hearing before the Commission and on appeal.
Representing a medical device maker in a trade secret case in the Northern District of Illinois against former employees accused of transferring trade secrets to competitor.
Representing a medical device company at trial, resulting in a verdict for client and sanctions against opposing party in Southern District of Ohio.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.