Practice Areas

Practice Areas

LGJ Litigation

Lowe Graham Jones enjoys a rich history of litigation successes in all matters related to intellectual property, including patent infringement, trademark infringement, trade secret misappropriation, unfair competition, copyright infringement, domain name matters, and related contractual disputes.

Our attorneys have appeared in state and federal courts throughout the United States, including the U.S. Supreme Court, the Court of Appeals for the Federal Circuit, the Court of Appeals for the Ninth Circuit, the Trademark Trial and Appeal Board, the Board of Patent Appeals, and many other courts across the country.

Related News

Trial Court Claim Interpretation Given No Deference On Appeal

In a recent decision, the Federal Circuit Court of Appeals reconfirmed that decisions of a trial court interpreting the meaning of terms used in patent claims are not given deference on appeal. Instead, the court of appeals reviews patent claim interpretations de novo, and need not give the trial court decisions any weight.

Court of Appeals to Address Standard of Review for Claim Interpretation

For nearly twenty years, the federal courts have addressed the interpretation of the claims in a patent as a question of law, rather than a question of fact. This standard has meant that the court of appeals owed no deference to the findings of the trial courts on matters of claim interpretation, and the lack of deference is widely believed to contribute to an inordinately high reversal rate on appeal. Now the Federal Circuit has decided to take a closer look at whether it should give deference to the lower court rulings.

Court of Appeals Urges Professionalism in Persuasion

In a recent decision, the Federal Circuit Court of Appeals criticized the parties involved for the use of excessive hyperbole in their written submissions to the court, urging instead that counsel should offer a straightforward recital of the facts without the use of such shrill language. Clients sometimes believe that their attorneys should be "aggressive" to win, but this recent decision proves yet again that sound legal skills coupled with professional behavior trumps aggressive tactics and harsh language.