When litigation and other IP enforcement controversies arise, experienced trial lawyers at Lambert Shortell & Connaughton are ready to protect and advance the interests of clients, both as plaintiffs and as defendants.
Gary Lambert, the firm’s founder, tried his first jury trial at the age of 22 as a Marine Corps criminal prosecutor after his first year of law school. Since then, he has successfully litigated hundreds of cases before juries and judges on behalf of and against individuals, small businesses, large corporations, individual states, and the United States of America. Our firm’s current litigation team has a proven record in representing clients that range from large multi-national companies to local businesses.
Success and Experience
- Represented a global manufacturer of joint sealant in a patent litigation defense, obtaining an Entry of Judgment of Non-Infringement after a successful claim construction order that was maintained after an appeal to the Court of Appeals for the Federal Circuit.
- Obtained summary judgement of non-infringement in a copyright litigation, in which our client’s attorney fees were awarded to be paid by opposing counsel and the opposing party.
- Successfully represented a national cloud-based technology company in a trademark infringement matter in which a competitor attempted to use their trademarked name.
- Successfully defended a multi-media company in a trademark infringement lawsuit against a preliminary injunction. This is now a preeminent and oft-cited case regarding preliminary injunctive relief in not only the District of Massachusetts, but also in the First Circuit of the United States.
- Successfully defended and resolved patent infringement lawsuit for defendant, seafood company, regarding pouched seafood products in the U.S. District Court for the Northern District of Ohio.
- Expertise in design patent law: Between 2009-2022 three design patent claim construction orders have been published in the District Court of Massachusetts and we have been attorney of record in two of the three.
- Successfully represented a prominent jewelry company in a trademark infringement matter in which a competitor attempted to use their name.
- Successfully defended a petition for inter partes review (IPR) resulting in the Patent Trial and Appeals Board (PTAB) denying institution of the IPR and confirming validity of the patent at issue.
- Successfully instituted multiple Post Grant Reviews (PGR) to review the validity of patents which were filed before the America Invents Act by convincing the PTAB that these patents had priority dates which qualified for PGR review.
Our Approach to Litigation
Our firm’s philosophy in litigation and other disputed matters is that success means achieving the client’s overall business goal. While the firm prides itself on its litigation successes, not all cases can or should be tried in front of a jury or judge. Some clients and cases can best be served by settlement, mediation, arbitration, or other forms of alternative dispute resolution. When it comes to “working things out,” our attorneys have been extremely successful at negotiating with other attorneys and individuals and coming up with unique resolutions to conflicts. Therefore, we believe that close communication with the client is the key to developing a successful strategy adapted to the client’s particular needs. The strategy also must be constantly reevaluated as the matter develops. Attention to costs is a critical component of our communications to ensure that the strategy fits the dispute’s practical value as well as the client’s current and long-term budget realities.