Courtney L. Batliner
Partner
Overview
Courtney L. (Bennigson) Batliner is a litigator in Holland & Knight's Boston office, where she is a member of the Intellectual Property (IP) Litigation Group. She focuses her practice on complex commercial matters involving IP, including trade secrets, copyrights, trademarks and a range of related contractual issues. She assists clients at every stage of litigation, pre-litigation and dispute resolution.
Ms. Batliner routinely handles inventorship disputes, copyright infringement or termination claims, trade secret misappropriation issues, and licensing or royalty audit disputes. She also advises clients on mitigating IP risk. Ms. Batliner works with clients in a range of industries – such as the consumer products, toy and game, entertainment, government contracting, biopharmaceuticals, software and online services industries – helping them to defeat IP claims by competitors and outside inventors, protect mission-critical trade secrets, and enforce their royalty rights.
A native of Boston, Ms. Batliner resides in Maine and practices nationwide, primarily in federal court. She maximizes value for her clients by focusing on the principles of interest-based negotiation, both within and beyond the litigation context.
Pro bono service is also a priority for Ms. Batliner. She has committed hundreds of hours per year to defending the civil rights of incarcerated individuals and assisting unaccompanied children in immigration matters. She is also a certified mediator under Massachusetts law (M.G.L. ch. 233 § 23C).
While in law school, Ms. Batliner wrote for Cornell's Legal Information Institute. She also served as president of the school's Alternative Dispute Resolution Society, participating in international mediation and negotiation student competitions. Before joining Holland & Knight, she interned for the Honorable John L. Kane in the U.S. District Court for the District of Colorado and for a Boston-based negotiation firm. Prior to law school, she had a career as a professional triathlete.
Representative Experience
Copyright Infringement Claims
- Defended a global consumer products and entertainment company against an inventor's claims of copyright infringement, trade secret misappropriation and breach of contract; defeated motion for preliminary injunction in the U.S. District Court for the Central District of California (a ruling upheld by the U.S. Court of Appeals for the Ninth Circuit), then obtained partial summary judgment, defeated cross-motion for summary judgment and secured favorable settlement before trial
- Defended a major e-commerce corporation against a copyright infringement claim involving apparel design; following minimal discovery, secured dismissal with prejudice in the U.S. District Court for the Western District of Oklahoma
- Defended an industry-leading web services provider against a former vendor's claims of copyright infringement; helped to obtain a favorable settlement on the eve of trial in the U.S. District Court for the Middle District of Florida
Copyright Termination Claims
- Defended an industry-leading toy and game company's rights in an iconic board game, where plaintiffs sought copyright termination under 17 U.S.C. § 304(c); obtained favorable trial judgment, which was upheld by the U.S. Court of Appeals for the First Circuit and then withstood the plaintiffs' Petition for a Writ of Certiorari to the U.S. Supreme Court
- Defended an international manufacturer's rights in a famous line of products, where the plaintiff sought copyright termination pursuant to 17 U.S.C. § 304(c); secured favorable settlement prior to dispositive motions in the U.S. District Court for the Central District of California
- Inventor Disputes: Defended a global toy and game company against a third-party inventor's claims for breach of contract, misappropriation of ideas and unfair competition; won summary judgment in the U.S. District Court for the Southern District of New York, which was upheld by the U.S. Court of Appeals for the Second Circuit
- Trade Secret Protection: Representing a government contractor in litigation filed against the government to protect the contractor's trade secrets in its relational database software application; secured a preliminary injunction against the government in the U.S. District Court for the Eastern District of Virginia, where the case is pending
- Royalty Audit Disputes: Represented a global consumer products company in a royalty audit dispute with a former licensee; obtained a multimillion-dollar judgment in the U.S. District Court for the District of Rhode Island, and successfully secured funds despite the losing party's efforts to render itself judgment-proof
- Contract and Fraud Claims: Defended an internet startup against fraud and contract claims brought by multiple parties, originally in the Oklahoma District Court; obtained a favorable settlement after removing to federal court
- Contract and Trade Secret Claims: Represented an international consumer products and entertainment company against an inventor's claims for breach of contract and trade secret misappropriation; won summary judgment on all counts in the U.S. District Court for the Central District of California
- Contract and Related IP Claims: Represented a global provider of telecommunications equipment against a supplier's claims for breach of contract, theft of trade secrets and unfair competition in connection with hardware and software for sending data over wireless networks; defended against two separate motions for preliminary injunction in the New York State Supreme Court (Commercial Division), helping to secure a favorable settlement
- Design Patent and Trademark Claims: Defended an international toy manufacturer against a competitor's claims of false designation of origin, trademark infringement, design patent infringement, copyright infringement and unfair competition; obtained a favorable settlement in the U.S. District Court for the Central District of California
- Utility Patent Claims: Represented a sports equipment manufacturer against numerous sellers over patents relating to the aerodynamics of certain balls; helped to defeat three separate motions to dismiss before securing settlements with all defendants early in proceedings in the U.S. District Court for the District of Massachusetts
- Patent and Trade Secret Claims: Represented a large information technology provider against a competitor alleging trade secret misappropriation and infringement of patents relating to object code instrumentation; helped to secure a favorable settlement shortly before trial in the U.S. District Court for the Eastern District of New York
- Best Practices Guidance: Advised the marketing team of a large corporation on compliance with intellectual property (IP) law (including copyright, trademark and right-of-privacy laws) in using various types of digital content
- General IP Law Guidance: Provided a white paper and virtual training session to a foreign governmental body regarding principles of U.S. IP law most relevant to the client's interests
- Liability and Claim Evaluation: Routinely advises clients regarding potential liability and/or claims in connection with IP law and related contracts
Credentials
- Cornell Law School, J.D.
- Williams College, B.A., Psychology, magna cum laude
- Massachusetts
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Massachusetts
- Phi Beta Kappa
- Holland & Knight Pro Bono All-Star, 2021
- English
- French
- Italian