Information Technology Litigation

Today’s business disputes often involve information technology. Calfee’s experienced litigation, intellectual property and commercial lawyers assist clients with their IT disputes throughout the mediation, arbitration or litigation process in state or federal courts. These disputes often involve the performance of hardware and software, the Internet, proprietary rights, and/or domain names and trademarks.

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Information Technology Performance

Hardware and software performance problems and unsatisfactory IT services can be disastrous for both providers and customers. We assist clients with disputes regarding all types of IT products and services, including software development, software licenses, maintenance and support, website design and hosting, and IT consulting, including Enterprise Resource Planning systems and Application Service Provider relationships.

Proprietary Rights, Domain Names and Trademarks

Our dedicated IT litigators bring years of intellectual property experience to disputes involving patent, copyright and trade secret protection for IT assets including hardware, software, business methods, microchips, and content. They have also obtained favorable results for trademark-holding clients under both ICANN’s Uniform Domain Name Dispute Resolution Policy and the Anti-cybersquatting Consumer Protection Act.

The Internet

Calfee assists clients with disputes in emerging areas of Internet law such as linking, privacy, defamation, and unsolicited commercial e-mail.


  • Represented developer of MPEG II video codecs in litigation over proprietary rights with multinational telecommunications enterprises; resolved dispute through settlement agreement (including cross‑licenses).
  • Represented public agency in federal court over failure of vendor to meet performance requirements in development and delivery of large, integrated data collection, management and reporting system, involving hardware, software, system design, and integration services.
  • Represented major financial services enterprise in arbitration of dispute over performance and proprietary rights in custom software for processing and tracking consumer financial information.
  • Assisted large online service provider with responses to subpoena seeking information concerning the identity of anonymous posters.
  • Represented enterprises in connection with software license compliance audits by the Business Software Alliance and the Software Information Industry Association.