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).


All Media
CAFC Affirms Order Striking Expert Testimony and Granting Summary Judgment of Noninfringement
CAFC Affirms Board Decision Allowing Claim Amendments
CAFC Vacates Summary Judgment of Invalidity Due to Improper Claim Construction
CAFC Affirms District Court’s 12(c) Judgment of Patent Ineligibility
CAFC Holds New Algorithm Not Required for “Inventive Concept”
Second Circuit Affirms Dismissal of “Stuttering John’s” Right of Publicity Claims as Preempted by the Copyright Act
Retroactive Agreements Sufficient to Create Standing Under Copyright Act
CAFC Affirms PTAB’s Refusal to Terminate IPRs
CAFC Affirms Dismissal of Duplicative Complaint
CAFC Affirms PTAB Decision on Patents in Parallel IPR and Reexamination Proceedings
CAFC Holds that Patentee Is Estopped from Asserting Invalidity
CAFC Affirms Patentability Determination in IPR
CAFC Confirms Inventors Must be Human Beings Under the Patent Act
CAFC Affirms Fee Award Under the Court’s Inherent Authority
Press Releases
Merchant & Gould Launches Business Consulting Group, Advising Clients across Industries on Risk Mitigation and Protection
Merchant & Gould has formalized the launch of a business consulting group, the M&G Integrator™ Program, offering product and service companies a new way to protect their brands in the fast-paced online marketplace. The group’s business-minded ...
Second Circuit Affirms Dismissal of Declaratory Judgment Action on Copyright Ownership
CAFC Holds Generic Industry Skepticism Alone Insufficient to Preclude Motivation to Combine
CAFC Confirms No Bright Line Rule Against Use of Notice Letters to Support Personal Jurisdiction
CAFC Issues Partial Reversal Due to Error in Indefiniteness Determination
CAFC Applies Claim Differentiation in Vacating District Court Claim Constructions
CAFC Holds PTAB Not Required to Consider All Prior Art of Record in Assessing Patentability of Substitute Claims
CAFC Affirms Board’s Obviousness Finding for Acne Treatment
CAFC Vacates Transfer Ruling Against Automobile Distributors
CAFC Confirms Judgment of Patent Invalidity Does Not Excuse Violations of ITC Consent Order
SCOTUS Confirms Mistakes of Law in Copyright Registrations Can Be Saved by Safe Harbor
CAFC Vacates Damages Award based on Expert’s Failure to Properly Apportion “Comparable” Licenses
CAFC Finds Forum Selection Clause Precludes Filing of IPR Petitions
District Court’s Indefiniteness Determination Based on “Unanswered Questions” Reversed by CAFC
News Alerts
James Beard and Joe Dubis Named Litigation Paralegal Co-Supervisors
Merchant & Gould is pleased to announce that James W. Beard, a Denver partner, and Joe Dubis, a Minneapolis associate, have been named Litigation Paralegal Co-Supervisors, effective Jan. 1, 2022. They replace Will Schultz who served as Supervisor for more ...
News Alerts
Rachel Zimmerman Scobie Named Chair of Merchant & Gould’s Litigation Practice Group
Merchant & Gould is pleased to announce that Minneapolis partner Rachel Zimmerman Scobie has been named leader and chair of the firm’s Litigation Practice Group, effective Jan. 1, 2022. She replaces Heather Kliebenstein who chaired the Litigation ...
Press Releases
Merchant & Gould Recognized on U.S. News – Best Lawyers® “Best Law Firms” List with Rankings in 11 National and Metropolitan Categories
Merchant & Gould was ranked in five National Tier and six Metropolitan categories in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms,” recognized for professional excellence with consistently impressive ratings from ...
Press Releases
Merchant & Gould Attorneys names by Best Lawyers as The Best Lawyers in America: Ones to Watch 2021 Edition. 
Merchant & Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America: Ones to Watch 2021 Edition. These awards are recognitions given to attorneys who are earlier in their careers for outstanding ...
Press Releases
Merchant & Gould Hires Attorney, as Denver Office Grows
Merchant & Gould is pleased to announce that James Beard joined the firm’s Denver office as a partner on Jan. 10.As an IP trial lawyer, James brings more than 10 years of experience to the Litigation Practice Group, representing high-technology household ...
Press Releases
Preparing For High Court's Looming Oil States Decision
In Oil States Energy Services LLC v. Greene's Energy Group LLC, the U.S. Supreme Court will soon decide whether the U.S. Patent and Trademark Office’s inter partes review procedure is constitutional. IPRs are administrative procedures that review ...
35 U.S.C. § 101: Reports of its death are exaggerated
Merchant & Gould attorneys Rachel Zimmerman Scobie and Elisabeth Muirhead co-authored a Minnesota Lawyer article titled "35 U.S.C. § 101: Reports of its death are exaggerated." The article examines two recent decisions by the U.S. Court ...
Oil States, WesternGeco, and More
You are invited to attend the Oil States and More CLE hosted by Merchant & Gould on February 15 at Windows on Minnesota, IDS Center, Minneapolis. Join us for: A fast-paced and energetic update on recent case law developments important to patent litigation A ...
Press Releases
Merchant & Gould Recognized by World Trademark Review
Merchant & Gould is pleased to announce its Gold rating in the World Trademark Review list of the world's top trademark firms and attorneys for 2018. The firm and four of its trademark attorneys were again ranked in United States: Minnesota. ...
Press Releases
Merchant & Gould Successfully Defends AmesburyTruth from $72,000,000 Trade Secrets Claim
Merchant & Gould is pleased to announce that Edina, Minn.-based client Amesbury Group, Inc. won one of Minnesota’s biggest defense cases in 2017, by defeating a misappropriation of trade secrets claim that sought over $72,000,000 in damages in Creative ...
An End To Systematically Undercompensating US Patentees?
UPDATE: On January 12, 2018, the U.S. Supreme Court agreed to review this case over lost profits damages. This is another step toward the Supreme Court potentially fixing what the Solicitor General says is systematic under-compensation of patent owners. The ...
Press Releases
Rachel Zimmerman Scobie Inducted into the Litigation Counsel of America
Merchant & Gould is pleased to announce that Rachel Zimmerman Scobie, a partner in the firm's Minneapolis office, has been formally inducted as a Fellow of the Litigation Counsel of America (LCA). The induction ceremony took place during the LCA’s ...
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
Merchant & Gould Attorneys Named Best Lawyers® 2018
Merchant & Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2018.Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate ...
News Alerts
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
Merchant & Gould Grows New York Office
Merchant & Gould is pleased to announce the recent expansion of its New York office upon hiring new attorneys Jonathan Berschadsky and Luciano Ricondo. The addition of these attorneys significantly broadens the services the firm offers on the ...
Press Releases
Merchant & Gould Listed in IAM Patent 1000
Merchant & Gould offices and 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 & Gould in the ...
White Papers
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
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, ...
Press Releases
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
Merchant & Gould Attorneys Named 2017 Best Lawyers®
Merchant & Gould is pleased to announce that the following 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 ...
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 ...
Rocky Mountain Intellectual Property & Technology Institute 2016
Merchant & Gould will sponsor the final event of the conference: a beer tasting and plenary session on ethics. Beer Tasting and Plenary Session Friday, June 3, 3:35 - 4:45 p.m. Beer Tasting - Featuring Voir Dire Beer (introduced in 2015) and Infringement ...
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
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 ...
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
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 ...
Rachel Hughey to speak at Computer & Technology Law Institute
The 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 – lessons to consider applying to all manner ...
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
Merchant & Gould Attorneys Included in The Best Lawyers in America © 2016
Merchant & Gould, a national intellectual property (IP) law firm, is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2013. Best Lawyers compiles lists of outstanding attorneys ...
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
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 ...
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 ...