Litigation & Dispute Resolution

Negotiation before litigation.

One of many important considerations that should be given to litigation is that it should be regarded as a tool of last resort. We will help you examine the possible alternatives to resolve a dispute and possibly avoid litigation, including licensing, mediation, negotiation, arbitration, domain name dispute resolution through ICANN, and opposition or cancellation proceedings, to name just a few.

Task based billing for better value

When litigation is the only alternative, we will work with you to develop a cost effective strategy for the best possible outcome in all areas of intellectual property. Our worldwide network of experienced counsel is always available to assist when matters cross international borders. The litigation department works closely with the members of our other departments to ensure that the most effective analysis of the legal and technological issues occurs in tandem with the management of your overall intellectual property portfolio.

Strategy considerations

• Identify which key interests are at stake
• Consider the impact that litigation is going to have on your organization
• Is your goal to deter? Or to set a precedent?
• Consider what is required to prove the claim
• How much will litigation cost both in terms of time and dollars? Can you afford it? Can you afford not to do it?

Factors that increase costs

• Micromanagement
• Emotional involvement (position vs. interests at stake)
• Litigator mentality – refusal to negotiate with the other side
• Inadequate access to information
• Poor communication

Trade-Secret Programs

Preserve your rights prior to patenting.

A trade-secret can be as complex as a proprietary process and a chemical reaction that maximizes yields, or it can be as straightforward as the data contained in a client list. In particular, trade secrecy can be used to preserve rights prior to patenting, to protect information that cannot be patented, and to act as an alternative to patent protection when enforcement of a patent would be impracticable or unnecessary.

The law will protect a very broad range of trade-secrets from misappropriation. However, the owner of a secret must take active steps to protect its secrecy. Once secrecy is lost through the conscious actions of its owner, the courts offer no recourse. We will help you take active steps to limit the possibility of this occurring.

Trade-secret protection is distinct from other forms of intellectual property protection, and can be of immense value. We will work with you to identify and define your trade-secrets. We will help you to implement a structured program for protection, addressing such things as archiving of secrets, laboratory visits by outsiders, computer passwords and employment contracts. We offer guidance regarding trade-secret protection versus patent protection. The choice of one over the other can affect rights and remedies, as well as the cost involved in the protection of your intellectual property.

Industrial Design

PROTECT YOUR REGISTERED DESIGN.

Design is increasingly used by companies to set their products apart from the competition and to build a brand for themselves in the process.  

The registration of an industrial design provides you with the ability to prevent others from making, importing, selling, renting, or offering for sale or rent, an article having a design that is the same as or not differing substantially from your registered design.

Our professionals with cross training in the legal, patent and trademark departments have extensive experience with the filing and prosecution of industrial designs. We ensure you are well protected to do your business, whether we are drafting and register your industrial design application, or preparing a freedom to practice opinion for the commercialization of your product.

We can do an in-depth technical and cultural analysis of your design along with thorough research of similar products, to ensure you are well protected when we draft and register your design.