Contact Us
Peter M. Spingloa
Representative IP CasesArticlesLawyers to Watch Under 40
IP IssuesProfessional ActivitiesSpeeches
Heavy Weight LitigationCommunity ServiceEducation
Printer-Friendly Bio
Back to the Team
Representative IP Cases

I have obtained important results for clients in high-stakes intellectual property litigation and transactions.  Regardless of whether we represent the plaintiff or the defendant, our approach on each case is to get ready for trial as quickly as possible.  Our team has an outstanding record of obtaining plaintiff-client objectives, either creating a revenue stream from licensing out their technology or protecting their assets by stopping the infringement.  We have been equally successful representing defendant-clients accused of violating intellectual property rights. While our plaintiff-clients have enjoyed settlements and judgments totaling millions of dollars, our defendant-clients have saved hundreds of millions of dollars as well.

  • Successfully defended client software company from claim that the company was obligated to indemnify customer for patent infringement. The patent infringement and indemnity claims were resolved without our client having to contribute any money towards resolution.
  • I first chaired a bench trial in Delaware Chancery Court at which our intellectual property trial team prosecuted claims of misappropriation of intellectual property, breach of fiduciary duty and aiding and abetting breach of fiduciary duty. We secured judicial findings of breach of fiduciary duty, aiding and abetting, fraudulent misappropriation of intellectual property and conspiracy to defraud and fraudulent accounting of funds. The Vice Chancellor ordered the imposition of a constructive trust over the stolen assets and an unwinding of the fraudulent transfer.
  • I first chaired an arbitration in which our client, a software licensee, sought an injunction forcing the software developer to comply with his obligations under a software development agreement to escrow the developed source code. The Arbitrator ordered the software developer to execute a software escrow agreement and to deposit the source code into escrow.
  • Chapman Spingola was hired to take over the handling of emergency injunction proceedings concerning a federal trademark lawsuit pending in the United States District Court for the Northern District of Illinois. Through a creative litigation and transactional strategy, our team was able to quickly secure important trademark rights for our client that assured continued market share without the need for protracted and expensive litigation.
  • Our patent infringement team recently reached settlement on behalf of a software company accused of infringing a series of patents asserted by a non-practicing entity. Our team quickly dissected the issues of infringement and validity which created momentum for quick resolution for our client before the expenditure of material attorney’s fees in a case pending in the District Court of Delaware.
  • Defeated summary judgment on the issue of lack of personal jurisdiction based on the conspiracy theory of jurisdiction in a case pending before a Delaware Chancery Court.
  • Our team designed and executed a litigation strategy and settlement structure for technology genius Swift Engineering, Inc., which netted Swift $22 million in an infringement dispute concerning two Fortune 500 defense contractors.
  • Our team was hired to defend the industry-leader in industrial storage equipment design (used by big-box stores like Home Depot and Lowes) against a claim that certain industrial equipment infringed the patent of a Canadian company.  After obtaining favorable claim construction rulings, we were able to construct a solid non-infringement defense through expert testimony, and uncovered other defense theories that threatened to render the asserted patent unenforceable and allow our client to recover its attorney’s fees in the fact of plaintiff’s $63 million claim for damages. After several years of litigation, the case was dismissed with prejudice – no injunction was ever issued and no money damages were awarded.
  • Our firm successfully defended a technology company against an opposition action before the Trademark Trial and Appeal Board.  Following the parties’ completion of written discovery, we negotiated a settlement whereby our client made nominal, nonmaterial changes to the description of its product in exchange for petitioner’s dismissal of its opposition action with prejudice.
  • Chapman Spingola successfully represented a technology company in bringing suit against the dominant companies in its industry for antitrust violationscivil conspiracy, and unfair competition in the United States District Court for the Northern District of Texas.  After one year of litigation, we were able to obtain favorable settlements with each defendant, which included lucrative services contracts on a going-forward basis between our client and one of the defendants.
  • Wholesale stamp manufacturer and distributor selected the Chapman Spingola intellectual property group to vigorously prosecute a series of patent infringement claims against competitors in the industry.  After sending a series of cease and desist letters and filing three separate suits in the Northern District of Illinois, we were able to effect a global resolution of claims that resulted in a favorable settlement for our client.
  • Our litigation team was recently hired to defend a software company against claims that its image recognition technology infringes one or more patents.  The case was brought in the Eastern District of Texas.  After one year of litigation, the case settled for a nominal amount.
  • We recently defended a government subcontractor against claims for breach of contract and declaratory judgment before the American Arbitration Association.  We asserted counterclaims for breach of contract, misappropriation of trade secrets, trademark infringement, and unfair competition.  After less than one year of litigation and approximately 3 weeks prior to hearing, we were able to obtain a $1 million settlement in our client’s favor.
  • A well-known online retailer hired our team to defend against copyright infringement, trademark infringement, unfair competition, and trade dress claims asserted in a federal district court in Tampa, Florida. After one year of litigation, the case was settled for a nominal amount.
  • A well-known international jewelry manufacturer and supplier hired Chapman Spingola to assert patent infringement claims against competitors who were using patented diamond settings without authorization to do so.  We filed the first of these infringement claims in the Northern District of Illinois, and within a few months and after a day-long presentation of evidence, which included video animation and Power-Point slides illustrating the infringement, the defendant agreed to cease and desist from further infringement, in addition to other confidential terms of settlement.
  • I represented a Fortune 100 investment bank accused of multi-million dollar patent and copyright infringement by a Fortune 100 computer giant developing a litigation and settlement strategy designed to induce the patent holder to resolve claims through a license agreement.  After twelve months of intense negotiations concerning the asserted claims of seven different patents, the case was amicably resolved through a global settlement of all claims.
  • A former officer of catalog-giant Spiegel hired our team to defend against claims of copyright infringement and RICO violations asserted in a Chicago federal court.  After filing several motions to dismiss that narrowed the scope of the asserted claims, and after presenting the defendant officer for deposition, the defendant officer was voluntarily dismissed from the case.