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Advocacy at a Higher Level

Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

Our firm history, honors and awards, and locations speak to our collaborative approach and commitment to serving clients as well as the outstanding legal resources we bring to bear.

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Horvitz & Levy has represented clients in a diverse array of intellectual property appeals involving copyrights and trademarks, rights of publicity, scientific discoveries, and trade secrets. The key to our success is simple. We distill complex facts and legal arguments and present them in a clear and thoughtful manner to appellate judges who often lack the IP expertise of our clients.

Our attorneys have experience across a wide spectrum of IP issues. We have briefed or argued cutting-edge trade secrets issues (such as whether business projections and estimates may be protected and the alleged use of trade secrets to establish a competing company), copyright issues (including the copyright misuse doctrine and novel issues relating to damages for infringement), trademark issues (including false advertising, priority in using marks, the scope of nationwide and international injunctions, and the defense of laches), and the use of brand-name drug patents to block generic competitors.

Our efforts have been resoundingly successful. We have reduced or eliminated millions of dollars in unwarranted jury verdicts. We have preserved a client’s nine-figure award of royalty payments. And we have won cases in both the federal and state courts that have shaped the law to favor our clients’ interests.

Contact Peder K. Batalden or Eric S. Boorstin for more information about our Intellectual Property practice.

Quidel Corp. v. Superior Court

California Court of Appeal reverses trial court that had applied a rule of per se invalidity to exclusivity provisions in contracts between businesses

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San Diego Comic Convention v. Dan Farr Productions

Ninth Circuit saves defendants from financial ruin by staying enforcement of trademark infringement injunction and $4 million judgment pending appeal.

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Singh Educational Services v. Blueprint Test Preparation LLC

Court of Appeal rejects competitor’s attempt to shut down test preparation company in alleged theft of trade secrets action.

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Don Johnson Productions, Inc. v. Rysher Entertainment

California Court of Appeal reduces judgment in favor of actor Don Johnson from $53.2 million to $15 million in dispute arising out of a production contract’s copyright provision.

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Christoff v. Nestlé USA, Inc.

California Supreme Court applies single-publication rule to unauthorized commercial use of likeness in right of publicity case, eliminating our client’s exposure to more than $10 million in damages.

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Omega S.A. v. Costco Wholesale Corp.

Ninth Circuit holds that “first sale doctrine” does not provide a defense to an infringement action involving foreign-made, nonpiratical copies of a copyrighted work.

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City of Hope Nat. Medical Center v. Genentech, Inc.

California Supreme Court affirms $300 million compensatory damages award for underpayment of patent royalties.

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San Diego Comic Convention v. Dan Farr Productions

Ninth Circuit motion to stay enforcement of trademark infringement judgment, arguing that multi-million dollar award is unlikely to survive appeal.

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Omega S.A. v. Costco Wholesale Corp.

Ninth Circuit brief arguing that designer of luxury watches did not misuse its copyright in an artistic design by enforcing the exclusive rights conferred by that copyright to control the distribution of the copyrighted design as engraved on its watches.

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