Gish PLLC | Practice
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Gish PLLC provides intellectual property litigation and counseling services for the world’s most innovative companies. We combine the deep strategy of our brand name law practice roots with the agility of a boutique to pursue sophisticated but nimble strategies. That’s why large publicly traded companies and cutting-edge startups alike trust us to handle their most nuanced matters. And that’s why our attorneys achieve disproportionately successful results for our clients in intellectual property matters before the federal and state courts, the Patent Trial and Appeal Board, the Federal Circuit, and the International Trade Commission. Our services include:
  • Patent Litigation We routinely litigate high-technology patent disputes in every major patent litigation forum in the country, including the Western District of Texas, the Eastern District of Texas, the District of Delaware, the Eastern District of Virginia, and the Northern District of California. We have achieved disproportionately successful results for our clients in matters relating to infringement, validity, inventorship, patentability, claim construction, damages, and injunctive relief.
  • Inter Partes Review Our team excels at both challenging and defending patent validity before the Patent Trial and Appeal Board. Drawing on our deep technical expertise, we formulate arguments with a rigor that impresses sophisticated PTAB judges. Drawing on our extensive litigation experience, we present those arguments in a compelling style typically reserved for juries.
  • Trade Secrets Litigation We litigate highly technical, high-stakes trade secrets matters before state and federal courts. In addition to aggressively pursuing the merits of trade secrets claims and defenses, we are well versed in obtaining or defeating temporary restraining orders and preliminary injunctions at the outset. Moreover, unlike most IP practices, our team has expertise in the white-collar crime aspects that attend many trade secrets violations.
  • Trademark and Trade Dress Litigation We litigate trademark and trade dress claims in both federal and state courts, and have counseled clients through all aspects of brand creation and enforcement—from selecting and protecting trademarks through asserting incontestable trademark registration rights.  We also have substantial experience in both obtaining and defending against preliminary injunctions in the trademark context, as well as pursuing matters before the U.S. Patent and Trademark Office and Trademark Trial and Appeal Board. 
  • Advertising and Consumer Litigation Our team has extensive experience handling truth-in-advertising and claim-substantiation matters in both federal courts and before regulatory and administrative bodies, including the Federal Trade Commission, Food and Drug Administration, and National Advertising Division.  We are well-versed in both prosecuting and defending advertising and consumer-protection related claims under the Lanham Act and related state laws, and are experienced in advising clients across every facet of advertising law issues.
  • Copyright Litigation With a particular focus on computer source code, our team litigates copyright infringement disputes in the federal district courts. We have successfully pursued innovative strategies relating to non-literal copying, open-source, fair use, and the Digital Millennium Copyright Act.
  • Business Litigation High value intellectual property cases are rarely limited to technology alone. Where infringement is intermixed with wrongdoing, we aggressively pursue a wide range of complementary claims such as breach of contract, tortious interference with business relations, fraudulent misrepresentation, unfair competition, and more. Our command of causes of action beyond the typical intellectual property arsenal allows us to creatively apply pressure and achieve uncommon results.
  • Appellate We routinely litigate appellate matters in the federal courts, most notably at the Court of Appeals for the Federal Circuit. In addition to litigating appeals from our own lower court matters, we are also well equipped to replace existing trial counsel at the appellate level. When conventional approaches have failed at the lower court, we step in to reimagine a case from the ground up and craft a winning appellate strategy.
  • Intellectual Property Licensing Most transactional law practices are familiar with the pitfalls of patent licensing in theory. Because we have actually litigated the nuances of intellectual property licenses, we know the pitfalls of licensing theory in practice. We negotiate licenses for our clients to obtain the most valuable terms up front, and mitigate risks before they arise.
  • Intellectual Property Counseling As litigators, we have argued extensively regarding patents ranging from well-drafted to ill-conceived. This experience provides us with the foresight to help clients shape strategic patent portfolios suitable for offensive and defensive purposes. And beyond patents, we counsel clients on the contractual terms relating to intellectual property, protecting trade secret technologies, deploying clean room protocols to safely reverse engineer technology, navigating the use of open-source code, and implementing procedures to guard against IP misappropriation by departing employees. Whether formulating overarching IP policy and procedures or advising on the best approach for protecting a specific technology, we always prefer to help our clients prepare for litigation before it begins.