Patent Litigation and Enforcement

Malin Haley DiMaggio & Bowen attorneys have an established track record in handling both trial and appellate patent disputes decided before juries and judges throughout the United States on a variety of complex patent-related subjects and a broad range of technologies. Our lawyers have handled appeals in a multitude of state and federal trial and intermediate appellate courts, state supreme courts, and federal circuit courts of appeal. Many of the firm’s attorneys also have the ability to handle all aspects of proceedings before the United States Supreme Court. The firm’s extensive knowledge of federal court trial practice and local rules and individual judge’s approaches to patent cases, gives our trial lawyers a distinct advantage during all phases of the lawsuit.

Our lawyers have well-developed trial skills and a wealth of experience with jury selection, use of mock trials, and jury focus groups. We have utilized computer-based technologies for maintaining litigation databases, organizing, retrieving, and presenting evidence at trial. Our lawyers have worked with and opposed some of the most highly qualified technical and legal experts in the field of intellectual property throughout the country.
Malin Haley DiMaggio & Bowen’s patent litigation attorneys have extensive scientific and technical education in the fields of electronic and mechanical engineering, physics, chemistry, computer hardware and software, biological sciences, and pharmaceuticals. Our innovative litigation strategies not only incorporate a thorough understanding of the often complex underlying technology, but also creatively present these complex issues in a manner that is easy to understand and remember.

Summary Judgment Successes

Malin Haley DiMaggio & Bowen, P.A. lawyers have also been successful in concluding lawsuits on summary judgment before trial. Even where summary judgment motions do not conclude the case early on, the firm’s lawyers have been very successful in using summary judgment motions to define and narrow issues for trial, place the case in a better position for settlement, or minimize exposure to liability.

Trademark, Trade Dress, Trade Secret, and Unfair Competition Litigation

Our attorneys at Malin Haley DiMaggio & Bowen, P.A. have successfully protected many well-known brands throughout the U.S. and the world, encompassing all facets of trademark disputes, including:

  • Infringement, dilution, policing, counterfeiting, and unfair competition cases in courts throughout the United States
  • Proceedings before the Trademark Trial & Appeal Board of the U.S. Patent and Trademark Office involving trademark cancellations and oppositions
  • The use of mediation, arbitration, and other ADR techniques to resolve trademark disputes
  • Internet domain name disputes, metatags, cybersquatting, and linking

Rapid changes in technology require reliance by businesses on confidentiality to protect inventions, if patent protection is unavailable or insufficient. Technically trained employees critical to innovation and corporate success frequently place trade secrets at risk. Malin Haley DiMaggio & Bowen, P.A. uses its broad-based knowledge of trade secret protection programs and methods and creative litigation practices to protect these valuable trade secret assets, as well as defend against unlawful competition.

Alternative Dispute Resolution

In our handling of all Florida patent litigation matters, we understand that each case must be approached and resolved in a manner that emphasizes the needs and business goals of the client in connection with the particular dispute. Alternative dispute resolution has gained recognition as a fair and cost-effective way to resolve controversies. We at Malin Haley DiMaggio & Bowen, P.A. are extremely proud of those cases which were settled favorably for clients before trial. Especially for IP litigation, early case resolution utilizing alternative dispute resolution (ADR) procedures, such as mediation and arbitration, is frequently the best opportunity for an expeditious and cost effective solution for many clients. Along this same vein, several of the firm’s lawyers frequently serve as mediators and arbitrators to aid in settling intellectual property and other civil cases handled by attorneys unconnected with Malin Haley DiMaggio & Bowen, P.A.