Intellectual Property Litigation


Successful intellectual property litigation is at the heart of CRGO Law. We represent plaintiffs and defendants in patent, trade secret, trademark, and copyright disputes in Federal and State Court at the trial court and appellate court levels. Equally well-equipped to evaluate and assert intellectual property rights against infringers and to defend against claims of infringement, we combine a mastery of the law in these complex and rapidly evolving disciplines with a thorough understanding of the cutting-edge technologies and shifting business environments at issue.


We approach each litigation, not merely as an exercise in legal academia, but as an exercise in business judgement. For many if not most litigants, engaging in litigation in defense of intellectual property rights is an investment which must provide a reasonable return. Likewise, for those accused of infringing the intellectual property rights of others, defending a lawsuit is about achieving a material degree of leverage to assert in negotiating an exit from the lawsuit to achieve a cost-effective resolution to an otherwise unbearably expensive dispute. Balancing the burden of attorneys fees with the cost of settlement is an area in which strive to excel.


To that end, central to any proposal of a litigation strategy is the value of the rights at issue, the costs to address those rights, the costs to settle through cash payment, royalty based licensure or cross-licensure, and those same costs faced by the adversary. We also maintain sharp focus upon opportunities for intellectual property risk management insurance so as to prophylactically prepare our clients for disputes not yet material. Finally, we make liberal use of administrative proceedings such as “re-examination” proceedings in the U.S.P.T.O. coupled with efforts to stay proceedings in the Federal District Court so as to provide breathing room and reduced costs for clients embroiled in prospectively costly litigation.

Our recent experiences in intellectual property litigation include:


  1. New Wave Innovations, Inc. v. McClimond et al. in the Southern District of Florida in respect to Trade Dress and Trademark Infringement, False Patent Marking and False Advertising

  2. Baldwin et al. v. EMI Feist Catalog, Inc. in the Southern District of Florida, Southern District of New York and in the U.S. 2nd Circuit Court of Appeals in respect to the Section 203 Termination of Copyright for the song “Santa Claus is Comin’ to Town”

  3. Miami Tech, Inc. v. Perez in the Southern District of Florida in respect to Patent Infringement

  4. Sourcing Solutions USA, Inc. v. TKS S.A. et al. in the Southern District of Florida in respect to False Patent Marking, False Advertising and Tortious Interference with Prospective Business Relationships

  5. Experian Information Solutions, Inc. et al. v. SKM Media Group, Inc. in the Southern District of Florida in respect to Trademark Infringement, Unfair Competition and Florida Deceptive and Unfair Trade Practices

  6. PCI v. Miami Tech et al. in the Central District of California in respect to Patent Infringement

  7. Reef Clematis LLC v. Reef and Rum Bar Group LLC et al. in the Southern District of Florida in respect to Trademark Infringement

  8. Cygnus Telecomms. Tech., LLC v. Am. Int’l Telephonics, LLC et al. in the Northern District of California in respect to Patent Infringement

  9. j2 Global Communications, Inc. v. Venali, Inc. in the Central District of California in respect to Patent Infringement

  10. Mr. Foamer v. Benjamin in the 15th Judicial Circuit of Palm Beach County in respect to Defamation and Tortious Interference with Prospective Business Relationships

  11. Schleicher et al. v. Muir et al. in the 15th Judicial Circuit of Palm Beach County in respect to Copyright Act Pre-emption

  12. Charles G. Bailey LLC - v. - Sourcing Solutions LLC et al. in the Supreme Court for the State of New York in respect to Breach of Contract for a showroom agreement