INTELLECTUAL PROPERTY PRACTICE
We have extensive experience in intellectual property litigation, licensing, and counseling, successfully representing a variety of large corporations, growing businesses, and individuals in patent, trademark, copyright, and trade secret matters.
Our experience, and our focus on providing highly-skilled legal representation, allow us to deliver to clients the best resolution to their intellectual property matters. We represent clients as lead counsel in many cases, and we have also represented clients as part of a team of firms in matters where separate representation of parties is necessary or desirable, due to potential conflicts or for strategic reasons. Additionally, our attorneys have served as experienced local counsel in matters in which the client has also retained out-of-state attorneys to represent them.
We are committed to providing, to every client, high quality representation with personal accessibility and accountability.
We represent and have represented clients in a broad array of patent, trademark, copyright, and trade secret matters, including:
- Patent infringement litigation involving technology patents and questions of double patenting, inequitable conduct before the Patent and Trademark Office, patent misuse and antitrust issues, and attorney conflict/disqualification issues.
- Trademark and false-advertising litigation involving “comparison advertising” comparing a consumer product with a competitor’s better-known product.
- Trade secret litigation involving the alleged misappropriation and misuse of proprietary technology, information, and documents by a company’s former employees who departed for a competing business.
- Patent infringement litigation involving internet business method patents, companies extending “traditional” businesses into internet commerce, and the on-sale and prior publication bars to patentability.
- Patent, trademark, and copyright licensing involving a manufacturer of computer video games, and the sale of that company to a larger business.
- Patent licensing involving computer and networking hardware technologies, and involving internet technologies.
- Trademark litigation involving the misappropriation of the name and customers of a technology business by a direct competitor, in which we ultimately forced the adverse party to change its corporate name and undertake other corrective measures.
Patent infringement litigation involving sophisticated telecommunications equipment and an accused infringer’s ability to rely upon licenses granted to non-parties with whom the accused infringer has a cooperative business arrangement.
GOVERNMENT TORT LIABILITY PRACTICE
We represent land owners, residents, businesses and developers in a variety of disputes with government entities and agencies. These include land use controversies, environmental challenges, code enforcement suits, administrative agency proceedings and claims for breach of development agreements.
Because of the unique nature of government entity litigation, we approach these controversies in a multifaceted manner. We coordinate strategies involving legal, political and public relations considerations to obtain the best and most efficient resolution for the client.
We will aggressively pursue your rights and protect your interests. Our attorneys hold degrees from prominent law schools and benefit from years of training at widely recognized national and regional law firms. We will provide you with the high quality representation of a large firm and the personal accountability and lower cost of a small firm.
We have extensive experience in government tort liability cases. Some of the matters we have recently been involved in include the following:
- In 2005, we obtained a favorable settlement from the County of San Diego for breach of an Exclusive Negotiating Agreement for combined County parking condemnation/development in Little Italy.
- In 2005, we undertook the representation of individuals opposed to the City of San Diego’s “Toilet-to-Tap” waste recycling program and in favor of a more practical and affordable tactic. The case is still on-going.
- In 2004-2005, we have represented a coalition of La Jolla home owners, and business people against the City of San Diego and the California Coastal Commission in a common challenge under the California Coastal Act and the City of San Diego Municipal Code to the replacement of City Hall. The case is against local coastal plan that severely limits development throughout La Jolla.
- In 2003, representing more than 150 neighbors in a highly politicized action, we obtained a Writ of Mandate against the City of San Diego and its City Council Representation for violations of the California Environmental Quality Act, Land Development Code, and local zoning laws in connection with the relocation of a rehabilitation center.
- In 2003, The City of Oceanside brought an administrative claim and a Civil Court action on behalf of our client alleging that the City wrongfully terminated an Exclusive Negotiating Agreement for the development of a hotel adjacent to the Oceanside pier.
- In 2002, we brought an action on behalf of Brown Field Aviation Park, LLC against the City of San Diego and our client’s aviation consultant in connection with the development of a cargo airport at Brown Field. Our efforts resulted in a $1,500,000 settlement from the City and $7,800,000 verdict from the consultant.
- In 2002, we represented a local developer in an action against the City of Chula Vista in connection with the Chula Vista bay front, which resulted in a substantial settlement.
- In 2001, after a highly contested trial against the California Coastal Commission, we obtained a judgment for our client and established that the Coastal Commission backdated its appeal of a development on the La Jolla coastline and that the Coastal Commission was routinely denying property owners their due process rights.
In 2000, we brought a highly publicized action against the San Diego Unified Port District in connection with the development of a hotel adjacent to the Convention Center. The action resulted in a $5,000,000
ADA DISABILITY ACCESS LITIGATION AND CONSULTING PRACTICE
We have successfully represented clients in a large number of disability access matters, including the defense of individual and class-action lawsuits filed against businesses under the Americans with Disabilities Act (ADA), as well as consulting businesses on ADA compliance and litigation avoidance.
Our clients in these matters include Fortune 500 companies, grocery stores, retail stores, restaurants, hotels and motels, shopping center developers, and other property owners and operators.
ADA-related lawsuits against businesses have increased drastically over the past several years. These lawsuits can expose businesses and property owners to substantial liability, and particularly so if the disputes are not confronted decisively. The ADA and the similar state laws and regulations are complex, requiring constant attention to ensure compliance.
Businesses that are faced with ADA compliance issues and/or litigation or threatened litigation are best served by dealing with these matters head-on and retaining counsel experienced and skilled in these matters.
Based on our extensive and successful work in ADA-related matters, we strongly believe in a proactive approach, confronting litigation as soon as it arises and addressing disability-access issues with our clients to minimize the possibility of future lawsuits. We work aggressively in the best interests of our clients, with the goal of a prompt resolution and favorable outcome at the most reasonable cost.
We are committed to providing, to every client, high quality representation with personal accessibility and accountability.