Litigation, Intellectual Property
We represent companies in high-stakes intellectual property litigation, bringing trial experience and a strategic, efficient approach focused on achieving the right result.


Summary
Procopio represents companies in complex intellectual property disputes across patents, trademarks, copyrights, and trade secrets. We litigate in federal and state courts, before administrative bodies, and in alternative forums, handling matters that are often central to our clients’ business and competitive position.
Our award-winning team brings substantial trial and appellate experience, representing clients in high-stakes litigation across a range of industries, including technology, life sciences, and consumer products. We have a strong presence in all California federal courts, having handled a significant volume of IP litigation matters in these jurisdictions. We also litigate in other federal, state and appellate courts.
We represent both plaintiffs and defendants, giving us a practical perspective on how disputes develop and how they can be resolved efficiently. Our experience includes jury trials, injunction proceedings, and complex motion practice, as well as proceedings before the Patent Trial and Appeal Board, the International Trade Commission, and other specialized forums.
Our approach emphasizes strategic, efficient execution. We work closely with clients to understand their business objectives and develop litigation strategies that focus on achieving the right outcome, whether through trial, early resolution, or alternative dispute mechanisms. This includes identifying opportunities to resolve disputes without unnecessary cost or disruption while remaining fully prepared to litigate aggressively when needed.
As part of a full-service platform, our litigators work in tandem with our patent, trademark, and transactional attorneys to address all aspects of a dispute. This integrated approach allows us to develop creative, business-oriented solutions and position clients for success both in litigation and beyond.
Case Strategy and Early Assessment
We work with clients at the outset of a dispute to assess risk, evaluate claims, and develop a strategy aligned with business objectives.
- Early case assessment and risk analysis
- Evaluation of claims and defenses across all forms of IP
- Pre-litigation strategy and dispute avoidance
- Coordination with in-house teams and business stakeholders
- Development of litigation and resolution roadmaps
Enforcement and Defense of IP Rights
We represent clients on both sides of intellectual property disputes, protecting valuable assets and defending against infringement claims.
- Prosecution and defense of patent, trademark, copyright, and trade secret claims
- Injunctions and emergency relief, including temporary restraining orders
- Defense against competitor and non-practicing entity claims
- Coordination of parallel claims involving unfair competition and contract disputes
- Strategic positioning to protect market position and business operations
Litigation Across Key Forums
We handle IP disputes across the full range of courts and specialized tribunals.
- Federal and state court litigation nationwide
- S. Courts of Appeals, including the Federal Circuit
- Patent Trial and Appeal Board (PTAB) proceedings
- S. International Trade Commission (ITC) investigations
- Trademark Trial and Appeal Board (TTAB) proceedings
- Domain name and internet-related disputes, including ICANN proceedings
Trial, Arbitration, and Appellate Advocacy
We bring substantial trial and appellate experience to high-stakes IP disputes.
- Jury and bench trials in complex IP matters
- Arbitration and alternative dispute resolution
- Appellate advocacy in state and federal courts
- Motion practice, including dispositive and evidentiary motions
- Trial strategy and courtroom presentation
Strategic Resolution and Cost Management
We focus on achieving efficient, business-aligned outcomes, whether through litigation or alternative resolution.
- Development of settlement strategies and negotiation frameworks
- Use of mediation and arbitration to resolve disputes efficiently
- Cost-conscious litigation planning and execution
- Identification of opportunities for early resolution
- Structuring creative, business-oriented solutions
Integrated IP and Business Solutions
We work across disciplines to address all aspects of intellectual property disputes and position clients for long-term success.
- Coordination with patent, trademark, and trade secret counseling teams
- Integration with licensing, transactions, and corporate strategy
- Support for IP due diligence and dispute-related transactions
- Alignment of litigation strategy with broader business goals
- Ongoing advisory support beyond the immediate dispute
High-Stakes Trials and Verdicts
- Obtained a $13.5-million jury verdict in the Central District of California in a patent infringement case involving polyimide film technology used in mobile electronics.
- Secured a $5.5-million patent infringement verdict plus a 10% ongoing royalty following a jury trial involving polymer fiber technology.
- Litigated in a $10-million jury trial in Santa Clara County Superior Court, obtaining a nonsuit verdict and successfully defending the result on appeal.
- Helped secure jury verdicts exceeding $1.5 billion in trade secret and intellectual property litigation involving technology and software companies.
Patent Litigation
- Defended a wireless telecommunications company in a $170-million patent infringement case in the Eastern District of Virginia, resulting in a jury verdict of non-infringement and invalidity.
- Represented a Japan-based manufacturer in patent litigation, securing a multi-million-dollar judgment and ongoing royalty for infringement of technology used in electronics.
- Defended consumer product and automotive-related companies against patent infringement claims brought by major competitors and non-practicing entities.
- Represented companies in complex patent disputes involving technologies including semiconductors, medical devices, software, and telecommunications.
Trade Secret and Unfair Competition Litigation
- Represented plaintiffs and defendants in trade secret disputes involving employee departures, competing businesses, and alleged misuse of confidential information.
- Obtained temporary restraining orders, preliminary injunctions, and favorable settlements in cases involving misappropriation of trade secrets and confidential business information.
- Defended a vacuum equipment manufacturer in complex trade secret litigation in the Southern District of California, achieving a favorable settlement at the outset of trial.
- Represented companies in disputes involving data, software, and proprietary systems, including claims under the Defend Trade Secrets Act and California law.
Trademark, Copyright, and Brand Disputes
- Defended a Fortune 100 insurance company against copyright infringement claims involving architectural works.
- Represented an internet service provider in a case involving contributory copyright and trademark infringement claims brought by a global fashion brand.
- Obtained a multi-million-dollar judgment in a trademark, false advertising, and unfair competition case following trial and appeal.
- Represented companies in trademark and copyright disputes involving consumer products, digital platforms, and media content.
Complex Technology and Industry-Specific Disputes
- Represented technology companies in disputes involving software platforms, data systems, and internet-based services, including claims involving CFAA, ECPA, and related laws.
- Represented life sciences and medical device companies in patent and IP litigation involving pharmaceuticals, biologics, and medical technologies.
- Represented financial institutions and corporate clients in complex disputes involving intellectual property, contracts, and regulatory issues.
Strategic Resolution and Defense
- Achieved favorable outcomes through early motion practice, including dismissals and summary judgment rulings in intellectual property and related commercial disputes.
- Successfully resolved high-exposure disputes through negotiated settlements aligned with client business objectives, including matters involving significant financial and operational risk.
- Represented clients in arbitration and alternative dispute resolution proceedings, achieving efficient outcomes without prolonged litigation.
When should a company consider litigation versus alternative resolution?
That decision depends on business objectives, risk tolerance, and the strength of the claims. In many cases, early resolution through negotiation, mediation, or administrative proceedings can achieve the desired outcome more efficiently. Litigation is often appropriate where critical assets, market position, or precedent are at stake.
How do you approach early case strategy?
We focus on early assessment of the legal and business issues, including the strength of claims and defenses, potential exposure, and the client’s objectives. This allows us to develop a strategy that prioritizes efficient resolution while preserving the ability to litigate aggressively if needed.
How do you manage costs in complex IP litigation?
Cost management starts with strategy. By focusing on the most important issues, structuring discovery efficiently, and identifying opportunities for early resolution, we help clients control costs without compromising outcomes. We also tailor litigation plans to align with the client’s priorities and budget.
What factors influence forum selection in IP disputes?
Forum selection can significantly impact timing, cost, and outcome. Considerations include the type of claims, available remedies, procedural rules, and the experience of the court or tribunal with similar matters. We regularly advise on litigation in federal and state courts, as well as specialized forums such as the PTAB, ITC, and TTAB.
How do IP litigation matters typically intersect with other areas of law?
IP disputes often involve related issues such as breach of contract, unfair competition, employment matters, and data-related claims. An integrated approach ensures that all relevant claims and defenses are considered and that litigation strategy aligns with broader business and legal considerations.
How do you handle cases involving both technical and business issues?
We work closely with technical experts, in-house teams, and business stakeholders to translate complex issues into clear, persuasive arguments. Our experience across multiple industries allows us to present technical concepts effectively to judges, juries, and arbitrators.
What role do injunctions and early motion practice play in IP litigation?
Injunctions and early motions can be critical tools in shaping a case. They may be used to protect market position, limit ongoing harm, or narrow the issues in dispute. We evaluate these options early and use them strategically where they align with client objectives.
How do you approach disputes involving multiple jurisdictions or parallel proceedings?
We coordinate strategy across jurisdictions to ensure consistency and efficiency. This may include parallel litigation in different courts, administrative proceedings, or cross-border issues, with a focus on minimizing duplication and managing overall risk.
How do you balance aggressive advocacy with efficient resolution?
We prepare every case to be litigated fully, including through trial if necessary, while continually evaluating opportunities for efficient resolution. This approach allows us to maintain leverage in negotiations and achieve outcomes that align with the client’s business goals.
When should a company consider changing or expanding litigation counsel?
Companies often reassess counsel when matters become more complex, stakes increase, or efficiency becomes a concern. This is particularly relevant when a more strategic, integrated, and cost-conscious approach is needed to manage litigation effectively.
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Procopio’s IP Litigation team is as good as it gets.

































































































