Stop Copycats. Protect What’s Yours.
IP Infringement
Discovering that someone is copying your patent, your brand, or your content creates an immediate problem: what do you do first? The answer matters more than most people expect. Move too aggressively and you may trigger a declaratory judgment action in the infringer’s preferred forum before you’ve chosen your own. Move too slowly and you signal that the infringement is tolerable — which encourages more of it.
We work with companies and individuals on both sides of IP infringement disputes: enforcing rights against infringers, and defending against assertions that don’t hold up. Both require understanding the IP, the business context, and the legal landscape simultaneously.
Our IP Enforcement Approach
Patent infringement occurs when someone makes, uses, sells, offers for sale, or imports a patented invention without authorization. The infringement analysis requires matching the accused product or process against every element of every asserted claim — not the description, not the drawings, but the claims themselves. Gary Shuster has 262 issued US patents. When he evaluates a patent infringement question, he’s drawing on what it’s like to have drafted thousands of claims with specific purposes in mind.
Trademark infringement turns on likelihood of confusion — whether consumers are likely to be misled about the source of goods or services. Copyright infringement covers unauthorized reproduction of original creative expression: software code, content, images, video, music. Trade secret misappropriation applies to information with independent economic value from being kept secret, when that secrecy has been protected by reasonable measures.
The remedies across all four are significant: injunctions, damages, disgorgement of profits, attorney’s fees in willful cases. Getting the strategy right from the start determines which of those remedies is realistic to pursue — and which path produces the best outcome given the specific facts.
What We Offer
Our IP infringement work spans patent, trademark, copyright, and trade secret disputes. We handle pre-litigation strategy — demand letters, licensing negotiations, forum selection — as well as district court litigation and PTAB proceedings. We also defend companies accused of infringement, including cases where the underlying patent is vulnerable to challenge.
We practice in Texas, DC, Colorado, and California, with affiliated counsel in other federal districts as needed. Related: Patent Infringement Litigation · Trademark Infringement Litigation · Copyright Infringement · Trade Secrets
