Intellectual Property

Protecting an Invaluable Asset -Your Intellectual Property

Through experience and education, Flaster/Greenberg's Intellectual Property attorneys help protect intellectual property (IP) crucial to both companies and individuals conducting business in emerging and growth industries that include biomedical, biotechnology, chemical, information technology, energy, pharmaceutical, manufacturing and telecommunications. Protecting IP is just as crucial to companies that need to succeed in highly competitive regional markets. Our depth of knowledge and experience in the complex area of "products of the intellect" ensures maximum protection and realization of value for our clients.

• Patent and trade secret law
• Trademark and copyright law
• Intellectual property litigation
• Author and publisher agreements
• Employment agreements
• Licensing agreements
• Joint venture agreements
• Merger and acquisition agreements
• Research and development agreements
• Non-disclosure agreements
• Settlement agreements
• Intellectual property portfolio management and strategy
• E-commerce agreements and domain name disputes
• Intellectual property audits

A Comprehensive Range of IP Services

Our IP attorneys provide representation on behalf of a diverse range of corporate and individual clients. We offer legal services in several distinct facets of intellectual property law, including:

• Advice and counsel throughout the IP audit, IP identification and development processes, including the determination of inventorship, identification of inventions, determination of superior rights for a specific product or work, IP portfolio management and how to best secure and protect intellectual property rights.
• Prosecution of patent, trademark and copyright applications before the U.S. Patent and Trademark Office, the U.S. Copyright Office, and with state governmental agencies.
• Prosecution and securement of rights in countries outside the United States through a network of foreign attorneys who work in cooperation with our intellectual property attorneys.
• Preparation of detailed analyses and legal opinions regarding client and third party intellectual property rights.
• Litigation of patents, trademarks, trade names, trade secrets, copyrights and related business torts in both federal and state courts.

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Patents

• Assistance in the evaluation of new inventions, inventorship, ownership and related issues for new inventions.
• Preparation and prosecution of patent applications in the biotechnological, business method, chemical, chemical engineering, electrical, mechanical, and software areas, both in the U.S. and foreign countries with a focus on securing strong patent coverage.
• Representation in the litigation of utility and design patent infringement, inventorship disputes, and related patent cases, including appellate proceedings before state and federal appellate courts.
• Representation in governmental proceedings involving patents, including interference proceedings, reissue filings, inter parte and ex parte reexamination proceedings, and related appellate proceedings before the Board of Patent Appeals and Interferences and Court of Appeals for the Federal Circuit.
• Evaluation, creation and negotiation of agreements related to patents, technology transfer, and research and development.
• Assessment of client and third party patents through intellectual property audits and ongoing portfolio management and counseling.

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Trademarks, Trade Names and Service Marks

• Consultation in the selection, clearance and registration of trademarks, trade names and service marks, both domestically and internationally
• Representation in the litigation of trademark, trade name and service mark infringement cases of all types before state and federal courts.
• Representation in governmental proceedings such as opposition, cancellation and domain name disputes.
• Representation in appeals to the Trademark Trial and Appeal Board, the Court of Appeals for the Federal Circuit and other appellate courts.
• Evaluation, creation and negotiation of agreements related to trademarks, trade names and services marks.
• Assessment of client and third party trademarks, trade names and service marks through intellectual property audits and on-going portfolio management and counseling.

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Copyrights

• Full representation in securing copyright protection and obtaining clearances for copyrighted materials and works.
• Review and analysis of complex copyright ownership problems to determine client rights.
• Representation in the litigation of copyright infringement cases of all types before state and federal courts.
• Counsel in helping clients fully leverage the value of their intellectual property through the negotiation and preparation of licensing agreements.

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Trade Secrets

• Identification and protection of trade secrets through appropriate corporate policies, contractual arrangements and litigation.
• Educational programs for client employees on the appropriate safeguards for protecting company trade secrets and related confidential information.

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IP Portfolio Strategy

From an initial consultation through the development of a complete intellectual property strategy, we provide effective legal solutions to protect and maximize the value of our clients' IP.

For clients with existing IP and with respect to new products in development, we may recommend an assessment of client and third party patents, trademarks, trade names and service marks through intellectual property audits and on-going portfolio management and counseling. When managing your IP portfolio involves complex litigation, you benefit from our attorneys' knowledge and experience in IP law. Shortly after a client engages our IP attorneys for litigation services, we work with the client to prepare an initial case assessment, including identification of substantive issues and the key expert witnesses, development of a discovery plan, assessment of a litigation budget and overall legal strategy. Based on the client's best interests, our attorneys also evaluate potential settlement options as well as and/or the use of Alternative Dispute Resolution (ADR). Our recommendations are based on our case assessments and experience in representing clients in federal and state courts, and prior use of arbitration, mediation, and other forms of ADR. Our primary objective is to avoid litigation through sound legal advice and effectively protecting and managing clients' IP assets.

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