Kinney & Lange has experience in a wide range of intellectual property litigation, including patents, copyrights and trademarks, trade secret and unfair competition cases. We represent clients in U.S. courts, including the U.S. Court of Federal Claims in government disputes. We also support foreign counsel in international IP litigation. Our focus on thorough analysis and evaluation expedites your goals at any phase of litigation, including:
Pre-Trial Discovery and Fact Finding
In our experience, a realistic understanding of the facts of an IP dispute gives you a strong foundation for proving the merits of your case. Kinney & Lange builds legal theories based on precedent and actual facts. We also identify weaknesses or holes in a case to mitigate surprises in pre-trial motions or future representation at trial. We focus on keeping your options open and aligned with the best business strategy.
Our attorneys often act as local counsel for lead attorneys out of state. Our location near the Minneapolis federal courthouse is a convenient staging area for out-of-state legal counsel to prepare before trial.
Claim Construction “Markman” Hearings
In this phase of IP litigation, when a judge defines the meaning of disputed words or phrases in an infringement claim, you need strong representation to clarify the nature of the dispute. Kinney & Lange’s hands-on knowledge of patents and the patent prosecution process — including patent search, analysis and clearance review — can give you an advantage as a defendant or plaintiff. We have the understanding of different technologies and scientific and engineering principles to answer the technical questions that often arise in these hearings.
IP Settlement Conferences and Counsel
In the event of a settlement, it is critical to retain IP attorneys who can explain your options and their application to long-term business or institutional interests. Kinney & Lange attorneys are adept at presenting all options available under the law, supporting meaningful conversations that can bring two parties to the table with an expectation of fairness and clarity to move forward.
Motion Practice and Summary Judgment
Judges are conservative with injunctions, particularly in light of public interests. However, Kinney & Lange has experience with motions for injunctive relief as well as those for summary judgment, stays and more. If you are faced with a dispute in which injunction is a possibility, Kinney & Lange attorneys can review the facts and give you a clear understanding of the threats and opportunities to focus on for the best interests of your case and future operations.
Our attorneys can also advise on strategies to seek an end to infringement of your IP rights, such as through preliminary injunctions.
Plaintiff or Defense Trials
Every day, the attorneys at Kinney & Lange are searching, prosecuting and providing counsel on the full range of intellectual property. Our clients rarely find themselves in disputes that ultimately move to trial, but if they do, we bring all of our experience to bear in jury and bench trials.
This experience includes serving as expert witnesses on a variety of cases that require a keen understanding of IP law. We also have years of experience serving as lead counsel and local counsel. We don’t hesitate to uphold the rights of our clients. Our practiced fact-finding skills and formidable technical acumen provide strong representation, including appeals.
Perhaps your trial didn’t go as planned and you want to pursue a different outcome in appeals court. Kinney & Lange attorneys can continue to represent you through the appeals process. We can also pick up a current case as your appeals counsel to support fresh insight and a new strategy. Explore all of your options.