Intellectual Property

Our Intellectual Property practice group is commercial, strategic and results-oriented.  Whether we are operating offensively or defensively, our primary goal is to get the client to “yes” without undue risk.   We work closely with clients to identify and protect intellectual property assets; structure and monetize intellectual property portfolios; clear products, services, and brands to avoid IP claims of third parties; and assert, enforce and defend intellectual property claims in a variety of domestic and international forums.  We have deep ties in the industries in which we practice and pride ourselves on our business savvy and common sense approach.

Transactional

• Negotiating and preparing license, joint venture, co-existence, and strategic alliance agreements
• Negotiating and preparing distribution, supply, co-branding, and other industry-specific agreements
• Negotiating and effecting the conveyance of intellectual property assets in all forms on a global basis
• Due diligence in the context of corporate transactions and procurement of IP assets

Litigation and Pre-Litigation

• Trademark, trade secret and copyright litigation in federal and state trial and appellate courts and alternative dispute forums
• Patent litigation in federal trial and appellate courts and alternative dispute forums (e.g., arbitration and mediation)
• Inter partes reviews and re-examination proceedings before the United States Patent and Trademark Office
• Inter partes proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office
• False advertising and unfair competition litigation
• Preparation of and response to cease and desist letters
• Pre-trial controversies, including negotiations of pre-suit settlements
• Domain name dispute proceedings prosecuted under the ICANN dispute resolution procedure

Patent Prosecution and Counseling

• Patent drafting and prosecution in diverse areas of technology
• Preparing freedom-to-operate/non-infringement, and invalidity opinions
• Conducting searches and studies relating to patentability, design-around, validity, enforceability, and infringement issues
• Management of global patent portfolios
• Guidance on strategic patenting of products
• Design and implementation  of  global and domestic patent portfolio management

Trademark Prosecution and Counseling

• Trademark searching and freedom to use analysis
• Trademark application filing and prosecution
• Design and implementation of global and domestic trademark portfolio management

Anti-Counterfeiting, Piracy and Gray Market

• Design and implementation of global and domestic anti-counterfeiting and anti-piracy strategies
• Strategies to contain gray market issues
• Internet monitoring
• Investigation of counterfeiting activities

Trade Secrets

• Design and implementation of trade secret protection programs
• Preparation of confidentiality and secrecy agreements

Copyright

• Counseling
• Licensing
• Preparation and filing of applications for copyright registration
• Copyright terminations