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Spotts Fain's Intellectual Property and Information Technology (IP/IT) group focuses on intellectual property and technology litigation and technology-driven transactions. Our attorneys are experienced in representing clients in intellectual property litigation, including patent, trademark, and copyright infringement, false advertising, unfair competition, misappropriation of trade secrets, as well as commercial disputes involving technology or other technical issues. Our IP/IT attorneys have litigated numerous cases, as lead and as co-counsel, in federal courts in Virginia and across the United States and in Virginia state courts. Because of our depth of IP/IT litigation experience in the United States District Court for the Eastern District of Virginia (EDVA), we are frequently engaged to serve as local counsel with out-of-state attorneys in cases in the EDVA.

Beyond our litigation experience, we regularly represent clients in transactional matters involving intellectual property and technology, including trademark and copyright registrations, IP/IT development and licensing agreements and IP/IT due diligence in connection with corporate transactions. At a strategic level, we work with clients to understand their overall business objectives and the role IP/IT plays in achieving those objectives, and we help the client develop sound IP/IT policies and strategies consistent with its objectives and risk mitigation goals.

Ultimately, our mission in every matter is to partner with our client to develop and execute a legal strategy that fits that client's culture and best serves its business objectives.

Representative Experience

Intellectual Property Litigation

  • Defended red light camera systems provider in patent infringement litigation involving back office software functionality
  • Defended jewelry manufacturer in patent infringement litigation involving jewelry manufacturing techniques
  • Co-counsel for patent owner in patent infringement litigation involving ergonomic office equipment
  • Co-counsel in defending claim of trademark and trade dress infringement and unfair competition
  • Local counsel in numerous patent infringement cases in the Eastern District of Virginia

Intellectual Property and Technology Transactions

  • Represented a defense contractor in the secured communications sector in licensing transactions and joint development agreements with Fortune 500 business partners
  • Represented a SaaS provider in negotiating agreements to implement stand-by backup systems to ensure uninterrupted access to the SaaS system and data
  • Represented commercial finance company in licensing business-critical software
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