Intellectual Property

Skelton & Woody has broad experience in defending intellectual property cases and in protecting the intellectual property rights of corporations and individuals. We represent both plaintiffs and defendants in patent, trademark and service mark infringement litigation. We also have extensive experience in patent and trademark litigation that involves antitrust issues or claims, employment and non-compete issues, and related business torts. Our extensive trial experience in federal court and excellent relationships at the federal courthouse have led several national law firms to associate Skelton & Woody as local counsel on patent and other intellectual property litigation.

In June 2011, Skelton & Woody was co-counsel with Kirkland & Ellis in representing DIRECTV, and co-counsel with Morrison & Foerster in obtaining a summary judgment for EchoStar and DISH Network in a patent infringement case. The Federal Circuit affirmed the judgment in a per curium order on May 11, 2012.

In 2008 and 2009, the firm represented its longtime client, Sweet Leaf Tea Company, in trademark litigation with another entity that had used the mark "SweetLeaf" for a different product. A settlement that all sides considered favorable and in their best interests was reached in early 2009 and the firm continues to advise Sweet Leaf Tea on a wide range of matters. Our happy client featured us in a story on the label of a flavor we had suggested:
http://www.sweetleaftea.com/#/flavors/lemon+%2526+lime+unsweet+tea

Skelton & Woody is co-counsel with Kirkland & Ellis in a pair of patent cases filed by Encyclopedia Britannica against Toyota, Honda, TomTom Inc., Magellan Navigation Inc., and Alpine Electronics concerning the map search function on GPS devices. Encyclopedia Britannica's patent infringement claims were dismissed by Austin Federal Judge Lee Yeakel who found that Encyclopedia Britannica's claim of priority was broken and that Encyclopedia Britannica's patents were invalid. Please view the article from Law360.com: Toyota, Others Prevail In Spat Over Britannica Map IP.

Co-counsel with Latham & Watkins on design patent litigation involving the jewelry industry: Civil Action No. A:05-CA-027-LY, Commemorative Brands, Inc. v. Bogarz, Inc., in the United States District Court for the Western District of Texas, Austin Division.

Co-counsel with Bickel & Brewer representing the University of Texas and Hydro-Quebec in Board of Regents, The University of Texas System, on behalf of The University of Texas at Austin and Hydro-Quebec v. Nippon Telegraph and Telephone Corporation, in the United States District Court for the Western District of Texas; Austin Division.

Co-counsel to Bickel & Brewer representing Hydro-Quebec, licensed by the University of Texas as exclusive worldwide manufacturer of patented cathode materials for rechargeable batteries, in Hydro-Québec v. Valence Technology, Inc., in the United States District Court for the Western District of Texas, Austin Division.

Local counsel to RatnerPrestia for Phostech Lithium, Inc., a subsidiary of Sud-Chemie of Germany, also licensed by the University of Texas in connection with the battery technology at issue in the Hydro-Quebec v. Valence Technology litigation

Co-counsel with Loeb & Loeb on intellectual property litigation on behalf of the Motion Picture Association to stop illegal file sharing: Civil Action No. A-05-CA-261-SS, Paramount Pictures Corporation and Disney Enterprises, Inc. v. John Doe, in the United States District Court for the Western District of Texas, Austin Division.

We would be happy to provide references.