Being sued by a prestigious law firm like Boies Schiller Flexner for copyright or trademark infringement can be daunting. Here’s a step-by-step guide on how you might proceed.
Before we get there, if you receive a demand letter or learn that you have been sued by Boies Schiller Flexner (also referred to as BSF), please contact us. We keep all communications confidential and sincerely try to respond as quickly as possible.
1. Understand the Nature of the Lawsuit
Copyright Infringement: This involves the unauthorized use of someone’s copyrighted material. Boies Schiller Flexner might argue that your use of its client’s work did not fall under fair use or was not authorized, leading to claims for damages or an injunction to stop the use.
Trademark Infringement: If you’re dealing with trademark issues, Boies Schiller Flexner might claim that your use of a mark causes consumer confusion or dilutes the distinctiveness of its client’s trademark.
2. Immediate Actions
Do Not Ignore the Lawsuit: Legal proceedings have strict timelines. Ignoring the suit can lead to default judgments against you.
Gather Documentation: Collect all documents related to your use of the material or mark in question, including any permissions, licenses, or agreements.
3. Consult a Lawyer
Hire a Specialist: Engage an attorney such as Darren Heitner of Heitner Legal who specializes in intellectual property law. They can provide legal advice tailored to your situation. Look for lawyers with experience in similar cases or those who have dealt with Boies Schiller Flexner before.
Consider Legal Defense Strategies: Your attorney might explore defenses like fair use, lack of confusion in trademark law, or challenging the validity of the plaintiff’s intellectual property rights.
4. Evaluate Settlement Options
Settlement Talks: Often, cases are settled out of court. Your lawyer can negotiate terms that might be less costly than a trial. Boies Schiller Flexner has been involved in significant settlements, like the case against SAP for Oracle, where a massive verdict was reached but also highlights the potential for negotiation.
License or Cease Use: Sometimes, acquiring a license or ceasing the use of the disputed IP can resolve the issue.
5. Prepare for Litigation
Discovery Process: If the case goes to litigation, be prepared for the discovery phase where both sides exchange information. This can be extensive and requires organization.
Court Strategy: Your legal team will need to strategize whether to fight the claim aggressively, counter-sue, or aim for a quick resolution.
6. Courtroom Tactics
Understand Your Opponent: Boies Schiller Flexner is known for its aggressive and high-profile litigation tactics. It has been involved in landmark cases like the antitrust lawsuit against Microsoft, which means they’re adept at navigating complex legal battles.
Be Informed about Their Approach: Knowing that Boies Schiller Flexner often takes a hard-hitting approach (as seen in their representation of Theranos) can help in preparing your defense.
7. Post-Lawsuit Considerations
Learn from the Experience: If found liable, understand why to avoid future issues.
Appeal if Necessary: If the ruling is against you, your legal team might advise an appeal based on legal or factual grounds.
8. Protect Your IP
Review Your Practices: This lawsuit might highlight weaknesses in how you handle IP. Review your processes to ensure compliance with IP laws.
Legal Education: Educate yourself or your company on IP rights to prevent unintentional infringement.
Conclusion
Being sued by a firm like Boies Schiller Flexner (BSF) requires a well-thought-out response. Immediate legal consultation, strategic planning, and thorough preparation are key. Remember, while they have a reputation for high-stakes litigation, every case has its unique elements, and with the right approach, resolutions can often be found that protect your interests while respecting the intellectual property rights of others.
Sources:
For insights on Boies Schiller Flexner’s litigation history, their approach can be studied through high-profile cases like the Oracle vs. SAP case.
The firm’s representation of controversial clients like Theranos provides a look into their aggressive legal strategies.