Not all cases need to go to trial.

Oftentimes, client goals can be accomplished through mediation, arbitration, alternative dispute resolution or settlement. And, many of these cases are decided at the temporary restraining order or preliminary injunction stage. In all of these situations, we have the experience and ability to prepare cases with speed, efficiency and precision.

Results

Outcomes we can be proud of.

  • Prosecuted claims of patent infringement on behalf of a bicycle rack manufacturer.
  • Defended patent infringement actions brought by patent assertion entities (commonly known as patent trolls).
  • Defended an online retailer against claims of copyright and trademark infringement and violations of rights of publicity.
  • Pursued patent infringement claims on behalf of a medical device company.
  • Obtained the reversal of a copyright infringement verdict in the U.S. Court of Appeals, setting precedent on apportionment of profits in copyright infringement cases.
  • Represented a national developer of human resources management software systems in successfully defending products liability/contract claims arising under software licensing and implementation agreements.
  • Successfully arbitrated a medical device patent royalty dispute that pays our inventor client future royalties valued at $25MM to $60MM over the life of the patent.
  • Successfully defended numerous companies in copyright infringement claims, and violations of licensing agreements and the Trademark Counterfeiting Act.

LITIGATION ATTORNEYS

Meet the Intellectual Property Litigation Team.

James Gallagher

Shareholder, Executive Committee Member

James E. Gallagher

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Christopher Marino

President, Executive Committee Member, Shareholder

Christopher J. Marino

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Richard Sampson

Executive Committee Member, Shareholder

Richard L. Sampson

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PRACTICE RECOGNITIONS

Accolades don't drive us,
but a little recognition never hurts.

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RESOURCES

Happenings, headlines and insights.
See what’s new at Davis Malm.

View Our Litigation Resources

Publications

March 5, 2026

Trio scores $1.1M Judgement for Defrauded Bride-to-Be

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Publications

August 12, 2025

Exhausting Administrative Remedies in a Tax Appeal, Phil Olsen Published by Massachusetts Lawyers Weekly

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Speaking Engagements

June 23, 2025

Philip S. Olsen Presents on BBA Webinar, “Introduction to Careers in Tax Law & Tax Section Social”

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Firm Announcements

June 12, 2025

Courtney A. Simmons Named a “Rising Star” by New England Real Estate Journal

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Firm Announcements

June 5, 2025

Davis Malm Attorneys and Practice Areas Recognized by 2025 Chambers USA

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Publications

May 30, 2025

Study: Boston at top in list of firms with AI-created testimonials

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Speaking Engagements

May 23, 2025

Philip S. Olsen Presents at the BBA’S Annual Massachusetts Tax Update Program

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Publications

May 9, 2025

Changing with the times at the DOR

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Publications

April 8, 2025

Meta May Not Scroll Past ‘Clever’ Instagram Addiction Suit

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