Intellectual Property Law

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.

We offer a full range of legal services in matters of IP law, including:

• 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

Our IP attorneys also provide representation on behalf of a diverse range of corporate and individual clients. In fact, 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. Learn more here.
• 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

IP Portfolio Strategy, Litigation, and Alternative Dispute Resolution

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.

IP Litigation

Intellectual property litigation can be complex, daunting, and costly. At Flaster Greenberg, attorneys in our Intellectual Property Practice focus on simplifying the message and approach such disputes from the outset as a partnership with our clients, dedicated to best serving the client's business objectives. With frequent consultations involving strategy, substantive issues and budgeting, our intellectual property litigators continuously strive to achieve the client's goals while keeping the client well informed and involved in the process, whether the dispute involves a patent, trademark, trade dress, copyright, trade secret or Internet dispute.

Trade Secrets

Our intellectual property attorneys can help identify and protect trade secrets through appropriate corporate policies, contractual arrangements, and litigation. They can also offer educational programs for client employees on the appropriate safeguards for protecting company trade secrets and related confidential information.