Technology Law

Technology Litigation

When technology is at the center of a dispute, the details matter. Montague Law draws on decades of litigation experience involving software, computer hardware, data, biotechnology, and internet-based businesses to protect our clients' interests in court and out.

Our Technology Litigation Practice

Technology disputes demand more than general litigation skills—they require an understanding of the underlying technology and the business it supports. We have represented technology companies, and companies with technology problems, in federal and state courts across the country, on both sides of the docket. That experience also informs our transactional work, helping clients structure agreements that avoid disputes in the first place.

We focus on early case assessment and strategic positioning to resolve matters efficiently, keeping your business goals and litigation budget in mind at every stage.

Software & Computer Technology Disputes

From competing software products to printer systems and semiconductors, we have litigated cases involving a wide range of computer technologies. Our work includes copyright, trade secret, and unfair competition claims where the subject matter is code, hardware, or the data they produce.

Data Theft & Computer Fraud

When confidential business data walks out the door—often with a departing employee—prompt, decisive action matters. We handle trade secret misappropriation and Computer Fraud & Abuse Act claims, on both the enforcement and defense sides.

Technology Contract & Licensing Litigation

Software development agreements, licensing arrangements, and technology supply contracts each raise distinctive issues when relationships break down. We litigate these disputes with an eye toward practical outcomes that protect your operations and business relationships.

Internet & Domain Name Disputes

We represent online businesses in disputes over domain names, cybersquatting under the Anticybersquatting Consumer Protection Act (ACPA), and other internet-based conflicts.

Technology Litigation Experience

The following is a representative list of technology-related litigation matters 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)

Lexmark International, Inc. v. Dialer & Business Electronics Co. Ltd., et al., U.S. Dist. Ct., E.D. Ky., 5:98-cv-00215-KSF (representation of plaintiff Lexmark in contract action against Taiwanese electronics company)

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)

Lexmark International, Inc. v. Play Industries, U.S. Dist. Ct., E.D. Ky., 5:99-cv-00168-HRW; Play Industries v. Lexmark Int’l Inc., U.S. Dist. Ct., E.D. Calif., Case No. 99 CV 932 (lead counsel representation of Lexmark in product development litigation pending in multiple forums)

Integrated Circuit Systems, Inc. v. Lexmark International, Inc., Fayette Circuit Court, Case No. 99-CI-1018 (lead counsel representation of defendant Lexmark in contract litigation)

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)

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)

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. v. NDC Systems, L.P., et al., U.S. Dist. Ct., E.D. Ky., Case No. 5:01-cv-00154-KSF (lead counsel representation of plaintiff Lexmark in computer systems contract litigation)

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)

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 involving internet file-sharing technology)

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)

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)

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)

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)

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)

Ashwood Computer Co., Inc. v. Bluegrass Area Development District, U.S. Dist. Ct., S.D. Ohio, Case No. 1:15-cv-00618 (representation of defendant in litigation concerning software development agreement)

Wellbore Limited v. Buckman Jet Drilling, Inc., U.S. Dist. Ct., W.D. Ky., Case No. 1:16-cv-00044 (lead counsel representation of foreign entity in litigation regarding sale of drilling tools and patent rights)

NFINITYLINK Communications, Inc. v. City of Monticello, Kentucky, et al, U.S. Dist. Ct., E.D. Ky., Case No. 6:20-cv-00208 (co-counsel representation of plaintiff broadband provider in antitrust suit)

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