Overview

Courtney L. (Bennigson) Batliner is a Boston-based litigation attorney in Holland & Knight's Intellectual Property (IP) Group. She assists clients at every stage of litigation and dispute resolution, with a focus on IP litigation including licensing, copyright, trade secret, trademark, patent, unfair competition and complex commercial contract matters. She has particular experience handling inventor disputes, royalty disputes, copyright infringement and termination, trade secret misappropriation, trademark infringement and dilution, design patent infringement, commercial damages and breach of contract claims.

Practicing in state and federal jurisdictions across the U.S., Ms. Batliner represents clients in a variety of industries, such as toys/games and other consumer products; software, telecom and internet-based services; and entertainment. She also has experience drafting license agreements and online privacy policies, advising on matters such as data security 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.

Ms. Batliner also is committed to pro bono service, and has spent hundreds of hours serving her pro bono clients in connection with immigration, asylum, Social Security 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, 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.

Experience

  • Copyright Termination: Defending global toy and game company against plaintiff's efforts to terminate a copyright grant in an iconic board game, pursuant to 17 U.S.C. § 304(c); obtained favorable judgment in U.S. District Court for the District of Rhode Island; appeal is pending before the U.S. Court of Appeals for the First Circuit; responsible for case management and involved in all aspects of the litigation
  • Copyright Infringement: Defended international consumer products and entertainment company against inventor's claims of copyright infringement, trade secret misappropriation and breach of contract; defeated motion for preliminary injunction in 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; was responsible for case management and involved in all aspects of the litigation
  • Copyright Termination: Defended large toy manufacturer, where plaintiff sought to terminate a copyright grant pursuant to 17 U.S.C. § 304(c) in connection with iconic line of toys; settled favorably prior to dispositive motions in U.S. District Court for the Central District of California; was responsible for case management and involved in all aspects of the litigation
  • Copyright Infringement: Defended industry-leading web services provider against former vendor's copyright infringement claims; helped to obtain favorable settlement on the eve of trial in U.S. District Court for the Middle District of Florida; as part of a multi-office team, was primarily responsible for expert discovery and related motions in connection with copyright issues, as well as damages

  • Licensee Audit Dispute: Representing international consumer products company in multimillion dollar royalty dispute with former licensee; case is pending in U.S. District Court for the District of Rhode Island; responsible for case management and involved in all aspects of the litigation
  • Breach of Contract and Fraud: Defended internet startup against fraud and contract claims brought by multiple parties; obtained dismissal of one party's claims in Oklahoma District Court and removed remaining claims to federal court; defeated a motion to remand and prevailed on a motion to transfer to the U.S. District Court for the District of Massachusetts, leading to a favorable settlement; 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; after removing to federal court from the Supreme Court of the State of New York and defeating a motion to compel, secured settlement favorable to the defendant; was responsible for case management and involved in all aspects of the litigation
  • Breach of Contract and Trade Secret: Represented international consumer products and entertainment company against inventor's claims for breach of contract and theft of trade secret; won summary judgment on all counts in U.S. District Court for the Central District of California; was responsible for case management and involved in all aspects of the litigation
  • Breach of Contract and Related IP Claims: Represented global provider of telecommunications equipment against a supplier's lawsuit, 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 for sending data over Code-Division Multiple Access (CDMA) wireless networks; helped to obtain favorable settlement during hearing on second motion for preliminary injunction in New York State Supreme Court (Commercial Division), when it became clear that plaintiff's motion was unlikely to succeed; was primarily involved with the breach of contract claims, including related fact and expert discovery, briefing, and hearing preparation

  • Design Patent, Trademark Claims: Defended international toy manufacturer against competitor's claims of false designation of origin, trademark infringement, design patent infringement, copyright infringement, and unfair competition; secured favorable settlement after minimal discovery in U.S. District Court for the Central District of California; was responsible for case management and involved in all aspects of the litigation
  • Utility Patent: Represented golf equipment manufacturer against numerous golf ball sellers over patents relating to the aerodynamics of golf balls; helped to defeat three separate motions to dismiss before obtaining settlements with all defendants early in proceedings in U.S. District Court for the District of Massachusetts; was primarily responsible for opposing the motions to dismiss
  • Patent and Trade Secret: Represented large provider of information technology (IT) management solutions against competitor alleging trade secret misappropriation and infringement of patents relating to object code instrumentation; helped to secure favorable settlement shortly before trial in U.S. District Court for the Eastern District of New York; was primarily involved with damages aspect of the case, including related fact and expert discovery, briefing and hearing preparation

  • License Evaluation: Advises clients regarding the likely interpretation of existing intellectual property (IP) license agreements as due diligence for corporate mergers/acquisitions
  • Liability and Claim Evaluation: Advises clients regarding potential liability under IP-related law, and evaluating potential IP-related claims
  • EULA: Has drafted end user license agreements (EULA) and online terms of use and privacy policies (TOU/PP) for clients in a wide range of industries
  • Data Security: Has advised clients and prepared notice letters in connection with data incidents or data breaches potentially affecting data targets in various U.S. states
  • Internet: Has advised 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

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 First Circuit
  • 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