Litigation

Intellectual Property Litigation

For over a century, Merchant & Gould has earned a reputation as having a premier team of exceptional trial lawyers. Our preeminent litigation team has been representing companies, in the U.S. and globally, leading the way into a world that thrives on technology and innovation.

Our trial lawyers prosecute and defend trademarks, patents and copyrights on behalf of clients in a broad range of industries. As lead counsel, we have litigated patents and trademarks from virtually every industry including software, biotechnology, semiconductor, nanotechnology, and computer technology. We also have a vast depth of experience as lead counsel with issues specific to Hatch-Waxman Act litigation in the pharmaceutical industry.

Bench Strength

Merchant & Gould has over 50 litigators and litigation support team members and 115 years of experience solely in intellectual property.  Our focus on IP means everyone on our trial teams, from our paralegals and support staff to senior trial counsel, has extensive IP trial and litigation experience.  These structural efficiencies, coupled with our Midwestern values and cost structure, means we are able to provide top IP litigation representation at a price very competitive with our peers, in any legal venue. This includes venues at the state court, federal district court, the Court of Appeals for the Federal Circuit and the International Trade Commission (ITC).

Why Merchant & Gould?

MEDIA CENTER

All Media
Press Releases
10/3/17
Merchant & Gould Grows Minneapolis Office with Three Associates
Merchant & Gould is pleased to welcome new associate attorneys Karen Beckman, Ph.D., Ryan Borelo and Lindsay Hartman to its Minneapolis officeKaren Beckman joins Merchant & Gould’s Litigation and Chemical & Life Sciences practice groups after ...
Events
9/14/17
Managing IP Litigation: A Workshop for In-House Counsel
In-house counsel have a unique role in litigation and play an important part in executing overall litigation strategy. Certain litigation tasks are ill-suited to delegation to outside counsel and are better managed in-house.You're invited to a complimentary ...
Press Releases
8/15/17
Seventeen Merchant & Gould Attorneys Named Best Lawyers© 2018
Merchant & Gould is pleased to announce that seventeen attorneys from three of its office locations have been included in The Best Lawyers in America© 2018.Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in ...
News Alerts
7/14/17
Impressions from the Heartland
The Supreme Court recently issued two opinions changing patent law in ways that will affect a number of companies in Minnesota.   Is it Good-Bye, Eastern Texas? First and foremost, in TC Heartland v. Kraft Foods, the Supreme Court overruled 30 ...
Press Releases
6/20/17
Merchant & Gould Grows New York Office with Three Hires
Merchant & Gould is pleased to announce the recent expansion of its New York office upon hiring three new attorneys: two electrical engineering partners, Jonathan Berschadsky and Frank DeLucia, Jr., and an industrial engineering associate, Luciano Ricondo. ...
Press Releases
6/6/17
Merchant & Gould Listed in IAM Patent 1000
Three Merchant & Gould offices and fourteen individuals were recognized in the IAM Patent 1000 list of “the world’s leading patent professionals” for 2017.In its rankings of firms and individuals, IAM Patent 1000 includes Merchant & ...
White Papers
5/23/17
TC Heartland LLC v. Kraft Foods Group Brands LLC
TC Heartland LLC v. Kraft Foods Group Brands LLC: Domestic Corporate Residence for Purposes of Patent Venue In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ____ (2017), the Supreme Court held that a domestic corporation “resides” ...
Press Releases
12/9/16
Merchant & Gould Secures Victory for Client Aurobindo Pharma Ltd. in Hatch-Waxman Litigation
On December 8, 2016, Merchant & Gould scored a victory for its client Aurobindo Pharma Ltd. in Hatch-Waxman litigation in the United States District Court for the District of New Jersey.Aurobindo and several other generic companies are defendants in litigation ...
Press Releases
11/10/16
Merchant & Gould Hires Three Associates in Minneapolis
Merchant & Gould is pleased to welcome new associate attorneys Laura L. Hupp, Joseph W. Dubis, Ph.D., and Elisabeth K. Muirhead to its Minneapolis office.Laura Hupp, previously from McKee, Voorhees & Sease, P.L.C. of Des Moines, Iowa, and Shook, Hardy ...
Press Releases
10/17/16
Merchant & Gould Ranked in IAM Patent 1000
Merchant & Gould's patent practice has been recognized in this year's edition of IAM Patent 1000, a publication by Intellectual Asset Management that lists the world’s leading patent professionals. In its 2016 rankings of firms and individuals, ...
Press Releases
9/22/16
Fourteen Merchant & Gould Attorneys Named 2017 Best Lawyers©
Merchant & Gould is pleased to announce that fourteen attorneys have been included in The Best Lawyers in America© 2017. Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate ...
Events
9/16/16
Rachel Zimmerman Scobie Gives Presentation on Mediation
Rachel Zimmerman Scobie, a partner in the Minneapolis office of Merchant & Gould, will present a session on mediation techniques in The Art of the Business Trial offered by Minnesota CLE. In this CLE, business litigators and judges will explain and demonstrate ...
Events
6/2/16
Rocky Mountain Intellectual Property & Technology Institute 2016
Tim Scull, managing partner of Merchant & Gould's Denver office, will be a panelist in a patent/patent litigation session on Section 101 updates at the 14th Annual Rocky Mountain Intellectual Property & Technology Institute. Also, the firm will ...
Events
2/11/16
Clark Wilson to moderate Atlanta Bar CLE on Trademark and Copyright Litigation
Clark Wilson, an intellectual property attorney in the Atlanta office of Merchant & Gould, has organized a lunch event, eligible for CLE credit, for the IP section of the Atlanta Bar Association.Atlanta Bar Association Intellectual Property Section Luncheon In-House ...
Press Releases
2/4/16
Merchant & Gould Successfully Represents Rudolph Technologies Before Trial Court and on Appeal, Gaining Quick Affirmance of $14 Million Patent Infringement Judgment
Merchant & Gould is pleased to have represented Rudolph Technologies, Inc. in recently securing an appellate victory in a patent infringement dispute with Camtek, Ltd. over semiconductor chip inspection technology.On Feb. 1, the U.S. Court of Appeals for ...
Articles
1/11/16
Recovery of Expert Fees Driven by More Than Octane
Attorneys Dan McDonald and Linhda Nguyen co-authored an article for the American Bar Association  Intellectual Property Litigation newsletter about awarding expert fees in patent litigation. Click the title below to read the full article on the ABA website. Recovery ...
Press Releases
1/10/16
Merchant & Gould ranked in top 5% of IP litigation law firms in BTI report
In the BTI Litigation Outlook 2016: Changes, Trends and Opportunities for Law Firms report, corporate counsel from Fortune 1000 companies ranked Merchant & Gould in the top 5% of all law firms for intellectual property ("IP") litigation.The ...
Events
10/29/15
Rachel Hughey to speak at Computer & Technology Law Institute
2015 Computer & Technology Law InstituteThe former General Counsel of Lawson Software and one of that company’s litigators on the ePlus v. Lawson case share insights, stories and lessons learned in an extended software patent fight – ...
Events
9/17/15
Jeff Blake speaks at Georgia 2015 IP Law Institute
The Institute of Continuing Legal Education in Georgia announces its 23rd Annual Intellectual Property Law Institute, scheduled for Sept. 17-19, 2015 at the Omni Amelia Island Plantation Resort in Florida.Merchant & Gould partner Jeffrey Blake will be ...
Press Releases
8/17/15
Thirteen Merchant & Gould Attorneys Included in The Best Lawyers in America© 2016
Merchant & Gould announced today that thirteen attorneys have been included in The Best Lawyers in America© 2016. Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate their ...
Events
8/10/15
Hughey and Hinderaker on IP Litigation Panel
Merchant & Gould attorneys Rachel Hughey and Allen Hinderaker will be panelists in an IP litigation roundtable discussion coinciding with a visit by a Pakistani judicial delegation. The roundtable will be moderated by Judge Joan Ericksen.Pakistan--U.S. ...
Press Releases
5/18/15
Intellectual Property Institute Celebrates First Anniversary, Allen Hinderaker a Founding Member
With more than 30 members from 15 states and Canada, May 2015 marks the first anniversary of the Intellectual Property Institute of the Litigation Counsel of America, an honorary society of trial lawyers.The main goal of the Intellectual Property Institute ...
Articles
7/9/14
Best For Complex IP Litigation: Survey
By Bill DonahueLaw360, New York (July 06, 2014, 9:41 PM ET) -- The most complex intellectual property litigation doesn't call for just any old law firm, and a new survey shows that corporate general counsel have a few favorites — a list topped by ...