IP Litigation

When Negotiation Isn't Enough, We Take It to Court

Most IP disputes get resolved with a cease-and-desist letter or a licensing conversation. Some don’t. When infringement continues, or when your business gets accused of infringing someone else’s rights, Katalyst IP litigates trademark, copyright, and trade secret claims in state and federal court.

Our team, led by Brian D. Batt, represents both plaintiffs enforcing their rights and defendants pushing back against claims that don’t hold up.

Our IP Litigation Services

Infringement Defense & Enforcement

We litigate trademark, copyright, and trade secret claims in state and federal court, representing clients on both sides of a dispute.

As plaintiffs’ counsel, we help rights holders stop ongoing infringement, pursue damages, and secure injunctions when a competitor or bad actor is using their trademark, copyrighted work, or trade secrets without permission. Litigation is often the point where a demand letter that got ignored finally gets taken seriously.

As defense counsel, we represent businesses accused of infringement, challenging whether the claim actually holds up before a client agrees to a costly settlement. Many infringement accusations rely on overly broad claims of ownership, and a strong defense starts with testing those claims early.

Trademark disputes specifically may also proceed before the Trademark Trial and Appeal Board rather than federal court, and we represent clients in both venues depending on where the dispute actually sits.

Litigation Counsel for Idaho and Utah Businesses

Boise, Idaho Falls, Salt Lake City, and the businesses between them face the same reality: infringement disputes rarely resolve themselves, and waiting to act usually costs more than acting early. Katalyst IP is licensed to practice in both Idaho and Utah, and we handle disputes ranging from a single cease-and-desist that escalated to full federal litigation.

We also represent clients outside the region whose disputes require the same combination of technical IP knowledge and courtroom experience. Explore our full IP service lineup, including copyright and digital asset protection and trade secret protocols that can prevent a dispute from reaching litigation in the first place.

IP Litigation
Frequently Asked Questions

A well-drafted cease-and-desist letter resolves many disputes without litigation, especially against parties who didn’t realize they were infringing. Litigation becomes necessary when the other side ignores the letter, disputes the claim, or the harm is significant enough that damages or an injunction are worth pursuing.

Copyright and patent claims must be filed in federal court, since federal law governs them exclusively. Trademark and trade secret claims can sometimes proceed in either state or federal court, depending on the specific claims and parties involved.

Not necessarily. A cease-and-desist letter is typically an attempt to resolve a dispute before litigation, but ignoring it or responding poorly can increase the likelihood that the sender files suit.

Federal IP litigation commonly takes 12 to 24 months from filing to trial, though many cases settle well before trial once both sides understand the strength of the evidence. Cases involving a preliminary injunction request can move much faster in their early stages.

Courts can grant a preliminary injunction to stop ongoing infringement before a case is fully resolved, but you generally need to show a strong likelihood of success and that you’ll suffer irreparable harm without one.