Johanna Wilbert practices in the area of Intellectual Property Litigation. Her experience has included a variety of patent, copyright, trademark, trade secret, and false advertising litigation and appeals.
Her recent experiences include:
- Protected a falsely accused infringer by filing a declaratory judgment action and obtaining summary judgment the invalidated all patent claims at issue, for a complete victory for the accused infringer.
- Successfully represented a large manufacturer of mining equipment in its trade secret theft and patent infringement case against a competitor who had stolen design drawings. The case settled shortly before trial in June 2010, with a $25 million payment to our client.
- Representing companies in trademark matters before the Trademark Trial and Appeals Board, including oppositions and cancellations.
- Representing an inventor in an appeal from the Board of Patent Appeals and interferences.
- Pursuit of misrepresentation and fraud claims in commercial disputes.
- Pursuit and defense of a variety of patent infringement lawsuits regarding various products.
ProMark Brands Inc. and H.J. Heinz Company v. GFA Brands, Inc., Oppositions No. 91194974 and 91196358 (March 27, 2015) [precedential] (TTAB trial resulting in dismissal of opposition in favor of our client, GFA, and its application to register the SMART BALANCE. After trial and oral argument the Board concluded that although the goods were closely related, confusion between the SMART ONES and SMART BALANCE marks was not likely)
Precision Dynamics Corp. v. Typenex Medical, LLC, 2014 WL 4851542 (E.D. Wis. Aug. 25, 2014) (plaintiff's side patent infringement and trademark infringement lawsuit in which we successfully obtained a preliminary injunction preventing defendants from infringing plaintiff's patent related to patient identification bands).
Paul Davis Restoration, Inc. v. Everett, 2014 WL 7140038 (E.D. Wis. Dec. 12, 2014) (successfully obtained a preliminary injunction preventing defendants from airing a radio advertisement based on allegations of false advertising and trademark infringement).
Starsurgical, Inc. v. Aperta, LLC, 832 F. Supp. 2d 1000 (E.D. Wis. 2011) (obtained a preliminary injunction preventing defendants from using plaintiff's WITTMANN PATCH trademark in connection with surgical patch).
Advanced Fiber Technologies Trust v. J&L Fiber Services, Inc., 2010 WL 3703048 (N.D.N.Y. Sept. 13, 2010) (successfully prevented summary judgment against our client J&L Fiber Services, and at the same time persuaded the court to adopt favorable claim constructions and to dismiss certain claims as a result of the claim constructions).
Standard Process v. Banks, 554 F.Supp.2d 866. (E.D. Wis.) (successful defense of trademark case involving trademark use on the internet, sponsored links, and metatags).
Standard Process v. Total Health, 559 F.Supp.2d 932. (E.D. Wis.) (trademark and tortious interference case involving internet sales of dietary supplements).
- Intellectual Property Strategic Counseling
- Intellectual Property Litigation
- Patent Litigation
- Trade Secrets and Unfair Competition
- Inter Partes Review Proceedings
- Litigation & Dispute Resolution
- Trademark Litigation
- False Advertising & Lanham Act
Education and Honors
- University of Wisconsin Law School (J.D., cum laude, 2006)
- University of Wisconsin Moot Court (Treasurer)
- University of Wisconsin (B.S., 2002)
- U.S. Court of Appeals, 7th Circuit, 2015
- U.S. Patent and Trademark Office, 2007
- U.S. Court of Appeals, Federal Circuit, 2007
- U.S. District Court, Western District of Wisconsin, 2007
- U.S. District Court, Eastern District of Wisconsin, 2006