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Intellectual Property Litigation

Intellectual Property Litigation

Cooper & Scully, P.C. represents a variety of businesses and individuals in intellectual property litigation. We have handled litigation involving:

  • Patents
  • Trademarks
  • Copyrights
  • Trade Secrets
  • Non-competition covenants

The trial lawyers at Cooper & Scully have vast experience trying scientific and economic issues to juries. With few exceptions, our work on intellectual property matters is limited to the litigation and trial of cases. When necessary, we assist clients by referring them to lawyers with whom we have relationships who do prosecute patents and take other more transactional actions on behalf of clients. In turn, Cooper & Scully will team up with intellectual property lawyers who find themselves in need of aggressive trial services.


Representative Cases

Representative of our successful trial work in intellectual property cases is KB Home v. Antares Homes, Ltd, et al., 2008 WL 4692837 (N.D. Texas 2008). In an important copyright case, Cooper & Scully had the resources and experience necessary to succeed against a very large opponent represented by a very large international law firm.

KB Homes, one of the largest homebuilders in the country, alleged that our client, Antares Homes, had copied six of its copyrighted designs and then marketed, constructed and sold homes that were substantially similar in design to the KB Home product. We obtained a summary judgment on two of those plans, dismissing them from the case, and the other four were the subject of a jury trial. Latham & Watkins, a large international law firm, represented KB Home. After a week long trial, the jury returned a complete defense verdict and judgment was entered on behalf of our client.

Paw Safety Charities v. Petco Animal Supplies, Inc., 2000 WL 284193 (N.D.Tex 2000), aff'd. 247 F.3d. 241 (5th Cir. 2001) (affirmative finding in trademark and trade secret case).

People Solutions, Inc. v. People Solutions, Inc., 2000 WL 1030619 (N.D.Tex. 2000) (allegations of trademark infringement involving domain name, court found no in personam jurisdiction based on internet presence).

March Madness Athletic Association v. Sports Marketing International, Inc., et. al., 162 F.Supp.2d 560, 157 Ed. Law Rep. 175 (N.D.Tex.2001) (trademark infringement involving use of domain name)


The United States District Court for the Eastern District of Texas is one of the busiest courts in the nation when it comes to litigating the trial of intellectual property matters. Not only do Cooper & Scully lawyers regularly appear in cases in Marshall, Texarkana and other venues where patent and other intellectual property case are tried, but our Sherman, Texas office is located within the Eastern District of Texas.



American Arbitration Association
American Intellectual Property Law Association

Texas Intellectual Property Law Journal

Government Sources
37CFR Patents, Trademarks and Copyrights
17US Code Copyright Law of the US
15USCode Commerce and Trade
35USCode Patents
US Patent Trademark Office

Intellectual Property Worldwide

Franklin Pierce Intellectual Property Library