Our IP Litigation Practice

When intellectual property disputes arise, having guidance that understands both legal complexities and business realities makes a meaningful difference. We’ve worked with plaintiffs and defendants across many industries for decades. IP litigation involves more than just legal arguments—it requires understanding the technology, creative works, or business context at the heart of the dispute. We focus on early case assessment and strategic positioning to help resolve matters efficiently while keeping your business goals and budget in mind.

Risk Assessment & Litigation Strategy

Concerned about potential IP disputes? We provide thoughtful risk assessments that identify vulnerabilities before they become problems. This proactive approach helps develop practical litigation strategies that reduce legal exposure and position you favorably should disputes arise. Many clients find that early planning significantly improves outcomes while managing costs.

Trademark Litigation

From federal court proceedings to disputes before the USPTO’s Trademark Trial and Appeal Board, we’ve handled trademark conflicts in various forums. Whether you’re working to establish your trademark rights, protecting your brand from infringement, or responding to claims against your business, we focus on solutions that achieve your goals with minimal disruption to your daily operations.

Copyright Litigation

When your creative works face unauthorized use—or when your business receives unexpected infringement claims—navigating copyright litigation requires balanced judgment. Our work ranges from taking immediate action against clear infringement to developing thoughtful defenses for companies facing claims. We understand that creative assets often represent core business value and work toward practical solutions that protect these investments without unnecessary legal complications.

Trade Secret Litigation

In today’s information-driven marketplace, proprietary knowledge often provides critical competitive advantages. Whether you’re confronting a situation where a former employee has taken confidential information or your company faces accusations of misappropriation, we help protect your business interests. Our approach combines effective litigation practices with cost awareness, ensuring your legal strategy aligns with both immediate needs and long-term market position.

Patent Litigation

Innovation represents significant investment, and protecting those advances matters. From defending against infringement claims to enforcing your patent rights, we address both technical details and business implications in patent disputes. Our work covers technologies across various fields, and we focus on translating complex technical concepts into clear legal arguments. Throughout the process, we maintain attention to litigation costs and their impact on your overall business objectives.

Our Practice Areas

All Practice Areas

IP Litigation Experience

The following is a representative list of intellectual property litigation matters involving various industries in which Will Montague has served as lead counsel for his client or otherwise played a significant role in the litigation on behalf of his client.

Zavos Biotechnology, et al v. Medi-Cult A/S, U.S. Dist. Ct., E.D. Ky., 5:95-cv-00401-KSF (representation of Danish biotech company in trade secret litigation)

Antec Corporation v. Moore Diversified Products, Inc., U.S. Dist. Ct., N. D. Ga., Case No. 1:96-cv-00189-WCO (representation of defendant / accused infringer in patent and antitrust litigation involving fiber optic cable storage technology)

Marathon Ashland Petroleum, L.L.C., v. Duke & Long Distributing Co., W. D. Ky., Case No. 5:99-cv-00107-TBR (representation of plaintiff/franchisor Marathon-Ashland Petroleum in trademark litigation)

Lexmark International, Inc. v. AFP Technology LLC, U.S. Dist. Ct., E.D. Ky., 5:99-cv-00313-HRW (representation of Lexmark in copyright and unfair competition litigation involving printer management system design)

Woolfe v. National Thoroughbred Racing Association, et al., Va. Dist. Ct., Louisa County, Case No. 99-617 (representation of NTRA in state court intellectual property case)

BDT Products, Inc., et al v. Lexmark International, Inc., U.S. Dist. Ct., E. D. Ky., Case No. 5:99-cv-00061-JMH (co-counsel representation — and later lead counsel representation — of defendant Lexmark in trade secret litigation and extensive post-judgment proceedings involving printer paper handling technology)

Fieldturf Intl Inc, et al. v. Southwest Recreation, U.S. Dist. Ct., E.D. Ky., 5:00-cv-00012-JMH (representation of defendant in patent, unfair competition, and antitrust litigation between competing artificial turf producers)

Hewlett-Packard Company v. Nu-Kote International, Inc., U.S. Dist. Ct., E.D. Ky., Case No. 5:99-cv-00018-KSF (lead counsel representation of Lexmark opposing third party discovery by competitors in large-scale patent litigation)

Peoples Bank & Trust Co. v. Peoples Bank of Kentucky, U.S. Dist. Ct., E. D. Ky., Case No. 5:99-cv-00500-KSF (lead counsel representation of plaintiff in trademark and unfair competition litigation between competitor banks)

Research Corporation Technologies, Inc. v. Lexmark International, Inc., U.S. Dist. Ct., E.D. Ariz., Case No. 00-257 TUC FRZ; Lexmark International, Inc. v. Research Corp Tech, U.S. Dist. Ct., E.D. Ky., 5:00-cv-00347-KSF; Lexmark International, Inc., v. University Rochester, et al, U.S. Dist. Ct., E.D. Ky., 5:00-cv-00346-KSF (representation of Lexmark in related patent cases involving laser printer technology)

TechFoam, LLC v. Polycel Structural Foam, Inc., et al, U.S. Dist. Ct., E. D. Ky., Case No. 5:00-cv-00161-HRW (lead counsel representation of defendant Polycel in patent and trade secret litigation involving plastic injection molding technology)

Lexmark International, Inc., et al v. Pitney-Bowes, Inc., et al, U.S. Dist. Ct., E. D. Ky., Case No. 5:01-cv-00237-JMH; Pitney-Bowes, Inc., et al v. Apple Computer, Inc., et al., U.S. Dist. Ct., E.D. Ky., 5:02-cv-00063-JMH (representation of accused infringer Lexmark in patent litigation involving laser printer technology)

Nations Auto Sales v. Nicholasville Road Auto Sales, U.S. Dist. Ct., E.D. Ky., 5:02-cv-00075-KSF (lead counsel representation of defendant in copyright and trademark litigation)

Lexmark International, Inc. v. Static Control Components, U.S. Dist. Ct., E.D. Ky., 5:02-cv-00571-GFVT (co-counsel representation of Lexmark in preliminary injunction proceedings involving copyright infringement claims)

In Re: Aimster Copyright Litigation, U.S. Ct. App., 7th Cir., Case No. 02-4125 (lead counsel appellate representation of defendant Aimster in multi-district copyright litigation)

Hager v. Allstate Ins. Co., Fayette Circuit Court, Case No. 98-CI-2482 (co-counsel representation of intervening party Computer Sciences Corporation for purposes of protection of company’s trade secret computer programs during class action discovery)

Waric Associates, Inc. v. Lucidsoft, LLC, et al, U.S. Dist. Ct., E.D. Ky., Case No.03-250 JBC (lead counsel representation of defendant in copyright litigation involving competing computer software products)

Ohio Valley Educational Cooperative v. The Francis School, U.S. Dist. Ct., E.D. Ky., Case No. 3:04-cv-00012-JMH (co-counsel representation of plaintiff in copyright litigation)

Intermountain Broadcasting Co., Inc. v. Yahoo!, Inc., et al., Jefferson Circuit Court, Case No. 04-CI-004156 (lead counsel representation of defendant Yahoo! against claims of internet defamation by Yahoo subscriber)

Software Management, Inc. v. Digital Records Management, Inc., U.S. Dist. Ct., W. D. Ky., Case No. 5:04-cv-00127-TBR (lead counsel representation of defendant against copyright, trade secret, and Computer Fraud & Abuse Act claims asserted by competitor software company)

Brubaker v. Design Team, Inc. et al., U.S. Dist. Ct., E.D. Ky., 5:03-cv-00449 (co-counsel representation of plaintiff artist in copyright litigation)

Wear v. Guess?, Inc. et al., U.S. Dist. Ct., E.D. Ky., 5:04-cv-00140-KSF (co-counsel representation of plaintiff artist in copyright litigation)

TransDigital Solutions, Inc. et al v. Overstreet, et al., U.S. Dist. Ct., E.D. Ky., 5:04-cv-00502-JMH (lead counsel representation of defendants in copyright litigation)

Specialty Matboard Corp. v. Premier Diecutting & Manufacturing, Inc., et al., U.S. Dist. Ct., N.D. Tex., Civ. Action No. 3:06 CV 00132 (lead counsel representation of co-defendant in copyright litigation)

Duzyk v. Henry Brown, LLC, U.S. Dist. Ct., E.D. Ky., 5:06-cv-00279-JMH (representation of defendant business in copyright litigation)

Jenkins & Morrow, PLLC, et al. v. Nicol, Clark, Mortenson, Max & Henderson, PSC, U.S. Dist. Ct., E. D. Ky., Case No. 5:06-cv-00378-KSF; Nicol, Clark, Mortenson, Max & Henderson, PSC v. Jenkins & Morrow, PLLC, Franklin Circuit Court, Civil Action No. 06-CI-1314 (lead counsel representation of defendant / declaratory judgment plaintiff in trademark and unfair competition cases pending in multiple forums)

Trusted Health Products, Inc. v. Trusted Natural Products, LLC. et al., U.S. Dist. Ct., E.D. Ky., 5:06-cv-00207-JBC (lead counsel representation of plaintiff in copyright, trademark, and unfair competition litigation)

Kasper v. Hobby Lobby Stores, Inc., U.S. Dist. Ct., E.D. Ky., 5:07-cv-00327-KSF; Kasper v. Crafts, Etc!, Ltd., U.S. Dist. Ct., E.D. Ky., 5:07-cv-00386-KSF (lead counsel representation of national home decor businesses against copyright claims in related cases)

T.D.I. International, Inc. et al. v. Golf Preservations, Inc. et al., U.S. Dist. Ct., E.D. Ky., 6:07-cv-00313-DCR (lead counsel representation of defendants in trade secret and trademark litigation)

Budsgunshop.com, LLC v. Security Safe Outlet, Inc., et al, U.S. Dist. Ct., E.D. Ky., 5:10-cv-00390-KSF (lead counsel representation of nation’s largest independent online retailer of firearms in trade secret, trademark, Computer Fraud & Abuse Act, and fiduciary duty litigation with competitor and former employee)

Conlon v. Hobby Lobby Stores, Inc., U.S. Dist. Ct., W.D. Ky., 3:11-CV-334-C (lead defense counsel representation of national home decor business against copyright claims involving “Gnome-Be-Gone” decorative metal statues)

The Bandana Co., Inc. v. Hobby Lobby Stores, Inc., U.S. Dist. Ct., W.D. Ky., 3:11-CV-379-JBC (lead defense counsel representation of national home decor businesses against copyright claims by maker of “Yardbirds” metal sculptures)

Scout Diagnostics, LLC v. Foresight Diagnostics, LLC, et al, U.S. Dist. Ct., E.D. Ky., Case No. 5:13-cv-00074-JMH (lead counsel representation of medical technology company in trademark and unfair competition litigation)

University of Kentucky v. Kentucky Gameday, LLC, Trademark Trial and Appeal Board, Opposition No. 91214525 (lead counsel representation of applicant in Opposition and Cancellation proceedings)

Fine Media Group, Inc. v. Fine Magazine LLC, Trademark Trial and Appeal Board, Opposition No. 91218899 (lead counsel representation of applicant in Opposition proceedings)

Truck and Auto Extras, LLC, et al, v. Barry E. Sanders, et al, U.S. Dist. Ct., E.D. Ky., Case No. 5:15-cv-00015-DCR (co-counsel representation of retailer in contract, unfair competition, and ACPA litigation)

Louisville Marketing, Inc., v. Jewelry Candles, LLC, U.S. Dist. Ct., W.D. Ky., Case No. 3:15-CV-84-DJH (lead counsel representation of online retailer in trademark, unfair competition, and ACPA litigation)

Trusted Health Products, Inc., v. Blue Cross Laboratories, Inc., et al, U.S. Dist. Ct., N.D. Ill., Case No. 1:15-CV-04599 (lead counsel representation of online retailer in trademark and unfair competition litigation)

The Breakout Games LLC v. Breakout Plan, LLC, U.S. Dist. Ct., M.D.Tenn., Case No. 3:16-cv-02257 (lead counsel representation of plaintiff in trademark infringement and unfair competition case)

Bell v. Startup Production, LLC et al, U.S. Dist. Ct., E.D.Ky., Case No. 5:18-cv-00002 (lead counsel representation of plaintiff in copyright infringement case)

Truck and Auto v. Anderson et al, U.S. Dist. Ct., E.D.Ky., Case No. 5:19-cv-00280 (lead counsel representation of plaintiff in case involving numerous claims, including claims for trademark infringement)

Six Hogs, LLC v. Doe et al, U.S. Dist. Ct., E.D.Ark., Case No. 4:20-cv-00338 (lead counsel representation of plaintiff in patent declaratory judgment case)

Mitch Smith Media LLC v. Ivosevich et al, U.S. Dist. Ct., E.D.Ky., Case No. 5:21-cv-00248 (lead counsel representation of plaintiff in copyright infringement case)

Giovanni’s Franchise Systems, Inc. v. GET Enterprises Inc. et al, U.S. Dist. Ct., E.D.Ky., Case No. 5:23-cv-00034 (lead counsel representation of defendant in trademark infringement and unfair competition case)

Omni Associates, LTD v. Omni Commercial, LLC, U.S. Dist. Ct., E.D.Ky., Case No. 5:24-cv-00149 (lead counsel representation of plaintiff in trademark infringement and unfair competition case)