Litigation

Our firm handles commercial disputes in courts throughout the nation, as well as in arbitration venues, in the following areas:

  • Intellectual property litigation, including:
    • Patent infringement and licensing disputes
    • Trademark matters including infringement, as well as opposition and cancellation proceedings before the U.S. Trademark Trial and Appeal Board
    • Trade dress infringement
    • Copyright infringement
    • Misappropriation of trade secrets claims
    • Unfair competition matters
    • False advertising claims
  • Breach of contract matters, including restrictive covenant/covenant-not-to- compete claims
  • Other business disputes such as claims related to interference with contracts or business relationships, fraud and misrepresentation, breach of fiduciary duty, and state unfair trade practices act claims

Intellectual Property Protection, Management and Enforcement

Intellectual Property is often a key strategic asset for any business. It is also often among the most vulnerable. Our firm advises clients in developing, and assists them in implementing, a thorough and effective program for protection and management of this key asset. Protecting these assets maintains competitive advantage in the market place and lessens the need for costly and distracting enforcement actions in the future.

Components of an Effective Intellectual Property Program

The necessary components of any effective intellectual property protection and management program are:

  • Identifying a company's intellectual property assets
  • Identifying those assets of most importance to the business
  • Understanding the likely areas of risks to the intellectual property
  • Developing and implementing a plan for protecting the intellectual property, including registration and enforcement, where appropriate
  • On-going monitoring of threats to a company's intellectual property
  • Prompt and comprehensive response to such threats

An intellectual property protection plan will include a combination of policies, procedures, agreements, training programs, and enforcement, depending on the nature of the intellectual property and the potential threats to it. Where necessary and appropriate, we recommend securing copyright, patent or trademark protection, as well as counseling related to the maintenance of certain intellectual property as trade secrets.

Services Provided

Working with clients, we assist in the identification of the intellectual property owned by a business and devise and implement essential policies, protocols and procedures, as well as training presentations and materials, for intellectual property protection. We evaluate and recommend the feasibility of other, official protections (such as patents, copyrights or trademarks), including referral to a network of counsel with whom we work to handle the registration of these assets.

We develop confidentiality and other basic agreements for use with your contractors, vendors and customers that secure your intellectual property that are tailored to a business, its industry and marketplace, and advise on the intellectual property aspects of employment agreements and employee policies.

Finally, we assist clients with an entire range of enforcement efforts, including infringement and misappropriation investigations, cease and desist letters, licensing programs and litigation.

Trade Secrets Management

Trade secrets are often among the most valuable intellectual property. Yet they are frequently under-protected. Special care must be taken to protect trade secrets. They are only protected through confidentiality—confidentiality that is all too frequently lost through inadvertence.

When it comes to trade secret protection, the law demands a business take "reasonable measures" to protect them. A multi-prong approach is required. Constant, yet unobtrusive, vigilance is necessary to ensure that "reasonable measures" are taken to protect the confidentiality of the trade secrets. Confidentiality agreements and cybersecurity protections are essential, but they are one part of what is required for the effective protection of trade secrets. Threat assessment and management is advisable. Our litigation experience in helping companies enforce their trade secrets gives our firm the knowledge necessary to assess the effectiveness of a company's trade secret protection measures and the knowledge and tools required to assist companies in improving and enhancing these measures.