Overview

Courtney L. Batliner (née Bennigson) is a Boston-based litigation attorney and a member of Holland & Knight's Intellectual Property (IP) Group. With a focus on IP litigation, Ms. Batliner assists clients in every stage of litigation and dispute resolution associated with licensing, copyrights, trade secrets, trademarks, patents and all manner of commercial contracts. She has particular experience handling inventor disputes, trade secret misappropriation, trademark infringement and dilution, commercial damages issues, as well as copyright matters, including infringement and statutory terminations.

Ms. Batliner routinely practices in a range of state and federal U.S. jurisdictions, representing clients from a variety of fields that includes the software, telecom, sports equipment, toy/game and entertainment industries. She also has experience drafting license agreements and online privacy policies, advising clients on matters such as data privacy and cybersquatting, and working closely with the firm's corporate and IP transactional teams on a variety of matters.

Ms. Batliner is a trained mediator under M.G.L. ch. 233 § 23C. She is a firm believer that the principles of interest-based mediation and negotiation can benefit virtually every client, both within and beyond the litigation context.

In addition, Ms. Batliner is committed to pro bono service. She has spent hundreds of hours serving her pro bono clients in connection with immigration, asylum, Social Security benefits and public housing issues.

During law school, Ms. Batliner wrote for Cornell's Legal Information Institute and served as president of the school's Alternative Dispute Resolution Society, taking part 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.

Experience

  • Fraud and Contract Claims: Defended internet startup against fraud and contract claims brought by an investor and a former consultant, originally in the State of Oklahoma District Court; obtained dismissal of investor's claims based on a contractual provision, then removed consultant's cross-claims to the U.S. District Court for the Western District of Oklahoma; defeated a motion to remand and prevailed on a motion to transfer venue to the U.S. District Court for the District of Massachusetts, which led to a favorable settlement. Ms. Batliner was responsible for case management and involved in all aspects of the litigation.
  • Copyright Infringement: Defended international toy manufacturer and entertainment company in U.S. District Court for the Central District of California and Ninth Circuit Court of Appeals against inventor's claims of copyright infringement, trade secret misappropriation and breach of contract; defeated motion for preliminary injunction (a ruling upheld by the Ninth Circuit Court of Appeals), then obtained partial summary judgment and defeated cross-motion for summary judgment, and secured a favorable settlement before trial. Ms. Batliner was responsible for case management and involved in all aspects of the litigation.
  • Patent Defense: Represented golf equipment manufacturer in U.S. District Court for the District of Massachusetts against numerous golf ball sellers over patents relating to the aerodynamics of golf balls; defeated three separate motions to dismiss before obtaining settlements with all defendants early in proceedings. Ms. Batliner was primarily responsible for opposing the motions to dismiss.
  • Copyright Litigation: Defended large toy manufacturer in U.S. District Court for the Central District of California, where plaintiff sought to terminate a copyright grant pursuant to 17 U.S.C. § 304(c) in connection with certain iconic toys; settled favorably prior to dispositive motions. Ms. Batliner was responsible for case management and involved in all aspects of the litigation.
  • Breach of Contract: Defended major toy and game manufacturer against breach of contract claims originally filed in the Supreme Court of the State of New York; secured settlement favorable to the defendant after removing to federal court, transferring to the U.S. District Court for the District of Rhode Island and defeating a motion to compel. Ms. Batliner was responsible for case management and involved in all aspects of the litigation.
  • Copyright Infringement: As part of a multi-office team, defended industry-leading web services provider in U.S. District Court for the Middle District of Florida against former vendor’s copyright infringement claims. The case settled on the eve of trial. Ms. Batliner was primarily responsible for expert discovery and related motions in connection with substantive copyright issues, as well as damages.
  • Patent Infringement: Represented large provider of IT management solutions against competitor alleging trade secret misappropriation and infringement of patents relating to object code instrumentation; obtained a favorable settlement shortly before trial. Ms. Batliner was primarily involved with the damages aspect of the case, including related fact and expert discovery, briefing and hearing preparation.
  • Breach of Contract: Obtained summary judgment for major toy manufacturer in U.S. District Court for the Central District of California, against inventor's claims for breach of contract and theft of trade secret. Inventor sued in the Superior Court of the State of California; removed to federal court and then won summary judgment on all counts. Ms. Batliner was responsible for case management and involved in all aspects of the litigation.
  • Breach of Contract: Represented large international manufacturer and seller of telecommunications equipment against a supplier's claims in the Commercial Division of the New York State Supreme Court, where supplier asserted claims for breach of contract, theft of trade secrets and unfair competition, and brought two separate motion for preliminary injunction in connection with hardware and software that is instrumental in sending data over Code-Division Multiple Access (CDMA) wireless networks; the case was settled favorably during a hearing on second motion for preliminary injunction, when it became clear that plaintiff's motion was unlikely to succeed. Ms. Batliner was primarily involved with the breach of contract aspect of the case, including related fact and expert discovery, briefing, and hearing preparation. 
     

  • EULA: Drafts end user license agreements (EULA) and online terms of use and privacy policies (TOU/PP) for clients in a wide range of industries 
  • Data Breaches: Advises clients and prepares notice letters in connection with data breaches potentially affecting data targets in various U.S. states
  • Internet: Advises clients regarding domain registrations, anti-cybersquatting laws, Internet Corporation for Assigned Names and Numbers (ICANN) determinations and Uniform Domain-Name Dispute-Resolution Policy (UDRP) policies
  • IP Matters: Advises clients regarding the likely interpretation of existing Intellectual Property (IP) license agreements as due diligence for corporate mergers/acquisitions
  • IP Matters: Advises clients regarding potential liability under IP-related law
  • IP Matters: Evaluates potential IP-related claims

Credentials

Education
  • Cornell Law School, J.D.
  • Williams College, B.A., Psychology, magna cum laude
Bar Admissions/Licenses
  • Massachusetts
Court Admissions
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the District of Massachusetts
Memberships
  • Phi Beta Kappa
Spoken Languages
  • English
  • French
  • Italian

Publications

News