Litigation

Practical, Focused Advocacy for IP Disputes

Schmeiser Olsen offers litigation services to clients facing complex intellectual property disputes. While not every conflict requires a courtroom, we recognize that enforcement and defense are sometimes essential to protect core business assets. Our litigation approach is deliberate, business-minded, and tailored to each client’s goals. We are comfortable working as lead counsel, part of a broader litigation team, or a collaboration with lead counsel depending on the scope of the case and client needs.

We handle matters involving patents, trademarks, copyrights, and trade secrets—whether as lead counsel or in coordination with broader litigation teams. Our attorneys combine technical knowledge with a litigation mindset to help clients navigate the risks, pressures, and opportunities that IP disputes present.

Patent Disputes

We represent patent owners and accused infringers in disputes involving a wide range of technologies—including medical devices, software, semiconductors, and mechanical systems. Our experience in patent prosecution informs how we approach litigation: identifying key claim construction issues, developing technical narratives, and recognizing where leverage exists early in the case. We assist clients in district court litigation, PTAB proceedings, and pre- litigation enforcement strategy.

We also help clients assess whether and how to engage in litigation -considering business impact, competitive landscape, and the strength of the underlying patent rights.

Trademark and Brand Protection

Trademark litigation often arises when brand confusion, dilution, or unfair competition threatens a company’s market position. We help businesses evaluate the risks of ongoing use, respond to allegations of infringement, and assert their rights when brand identity is misused.

Our work includes federal court litigation, TTAB opposition and cancellation proceedings, and early-stage efforts to resolve disputes through negotiation. We also advise on evidentiary issues, brand valuation, and enforcement across e-commerce platforms.

Copyright and Digital Asset Disputes

We advise on litigation related to copyrighted works such as software, product manuals, technical illustrations, marketing assets, and other creative or functional materials. We assist both creators and accused parties in understanding the scope of protection, factual defenses, and strategic resolution options.

In an environment where digital assets are easily copied or distributed, we help clients take measured steps to enforce their rights or respond to enforcement actions—balancing legal exposure with commercial realities.

A Thoughtful Approach to IP Litigation

Our litigation practice is built on careful strategy, not scale. We are selective in the matters we take on, ensuring that we can provide attentive service and technical insight aligned with each client’s needs. Whether pursuing or defending an action, we focus on achieving commercially sensible outcomes while maintaining procedural discipline and professionalism throughout.

We frequently collaborate with other counsel, serve as subject matter specialists, or integrate litigation with ongoing patent and trademark portfolio strategy.

Representative Forums:

– U.S. District Courts

– U.S. Court of Appeals for the Federal Circuit

– Patent Trial and Appeal Board (PTAB)

– Trademark Trial and Appeal Board (TTAB)

– U.S. International Trade Commission (ITC)

– Mediation and arbitration proceedings

Partner with Counsel Who Understands Litigation

At Schmeiser Olsen, we work with energy innovators, utilities, and infrastructure developers to protect the systems that drive power generation, transmission, and reliability. Whether you’re building utility-scale turbines or developing pipeline control systems, we help ensure your engineering innovations are protected and aligned with commercial goals.

Protect the systems your industry depends on—with patent counsel fluent in mechanical infrastructure, energy systems, and field-ready innovation.

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