Practice Areas

Intellectual Property

The protection of intellectual property rights is an essential concern for any business enterprise operating in today’s global economy. Clients are faced with intellectual property matters that usually involve technical details and intricate procedures. We understand that you want your attorneys to interpret these details and provide cost-effective solutions.

As one of the firm’s largest practice groups, LHDK&W’s intellectual property group regularly satisfies our clients’ needs by obtaining, protecting and enforcing intellectual property rights, domestically and internationally. Our intellectual property practice includes all aspects of patent, copyright and trademarks, as well as litigation in a variety of related areas such as trade secrets, unfair competition and commercial torts. Our practice also encompasses the transactional aspects of intellectual property, such as drafting and negotiating licensing, joint venture and related technology transfer agreements.

By choosing LHDK&W to handle all of your intellectual property needs, you will receive representation from an unsurpassed group of attorneys who have successfully dealt with all facets of intellectual property. Most of our intellectual property attorneys hold advanced degrees in engineering and have considerable industry work experience in their respective technical fields. We have extensive experience in representing high-technology corporate and small scale clients in matters relating to:

  • worldwide patent preparation and prosecution
  • patent and technology negotiations
  • intellectual property litigation
  • trademark and copyright registration, unfair competition, trade secrets
  • intellectual property counseling, opinions, licensing and other agreements
  • intellectual property due diligence, evaluation and audit

U.S. and Worldwide Patent Preparation and Prosecution

In preparing and prosecuting patents, our goal is to provide meaningful protection that furthers our clients’ business goals. LHDK&W actively prepares and prosecutes patents for a wide variety of products, product components, and technologies.

With our extensive experience in patent preparation and prosecution, we understand the complexities involved in obtaining protection for your invention. Our experienced patent attorneys regularly deal with the United States Patent and Trademark Office. We understand what it takes to quickly resolve any problems that may arise in the prosecution of patent applications.

Drafting effective patents requires not only an understanding of technology and law, but also an anticipation of the direction in which technology may evolve. Thoughtful and deliberate efforts involving close collaboration between lawyer and inventor are crucial to the development of a patent application. The strength and diversity of the technological and legal backgrounds of LHDK&W’s professionals are key components in creating this close collaboration. Our intellectual property attorneys are as well-versed in technology as they are in law. Our patent attorneys have practical scientific or engineering work experience in the fields of electronics, computers, chemical and mechanical engineering, with advance degrees in the same or related fields of technology.

We also understand that doing business in the global marketplace requires protecting property overseas as well as at home. Our intellectual property attorneys are experts in foreign filing of patent applications, including technical translations facilitated by our multilingual professionals. With the assistance of an international network of associated firms and attorneys, LHDK&W is able to obtain and maintain patents for our clients worldwide. We also engage in international transactional matters involving intellectual property rights, such as licensing or acquiring patent rights.

With each patent preparation and prosecution, we aim to keep our clients out of court with well researched, strongly written patents. Our prosecutors work in unison with our litigators to obtain patent protection that will hold up in court. In addition, our attorneys are skilled at analyzing competitors’ patent portfolios as they apply to our clients’ products, invalidating competitors’ claims, and negotiating licensing agreements with favorable royalties compared to the relevant industry standards.

Strong and Diverse Technical Backgrounds

LHDK&W’s intellectual property attorneys have technical backgrounds in a wide array of diverse technologies and industries. Many of our intellectual property attorneys acquired their technical expertise prior to entering the practice of law while employed in various technical capacities for industry leaders. LHDK&W’s intellectual property attorneys have experience in a wide range of technologies, including:

  • wireless communications, including cellular telephones
  • telecommunications networks and protocols
  • liquid crystal displays
  • thin film transistors
  • memory devices
  • automobile technology, such as brake systems and transmissions
  • analog and digital circuits
  • audio and video equipment
  • computer hardware, software, and networks
  • optics and applications
  • semiconductor architecture and manufacturing, including processors and memories
  • telecommunications, including wireless telephony and intelligent networks
  • missile guidance systems
  • electronic and industrial instrumentation and control systems
  • data storage systems
  • television and video processing and display
  • roof assemblies
  • electrophotography
  • internet related structures and software

Intellectual Property Litigation

LHDK&W has handled numerous cases involving a variety of intellectual property disputes, including patent, trademark, trade dress, copyright and trade secrets. We understand that in today’s competitive business environment, litigation is sometimes a necessary means to maintain our clients’ position in their industry. We also understand the costs associated with litigation.

Our intellectual property attorneys, in conjunction with our litigators, utilize their experience to seek a cost-effective, favorable resolution to all of your intellectual property issues. With the mindset that trial is the last option to resolve your case, our attorneys will pursue all avenues to resolve your matter, including expedited discovery, preliminary injunctive and other pretrial relief to reach a quick and positive resolution to your matter.

In situations when it is inappropriate from a competitive or cost standpoint to litigate, we work with our clients to adopt alternative approaches. Such strategies may include invalidating existing patents through cost-effective procedures, licensing rights, acquiring patents, avoiding infringement, or designing around patents.

Trademark and Copyright Registration, Unfair Competition, Trade Secrets

Our intellectual property attorneys are closely involved in the development, protection and maintenance of our clients’ trademarks and copyrights. We understand the business value behind a business’ trademark or copyright and the significance of protecting such intellectual property.

Our intellectual property group regularly advises our clients in the U.S. and abroad on all aspects of domestic and foreign trademark law, including trademark selection, protection through the filing of trademark applications, representation of clients in trademark opposition and cancellation proceedings, enforcement and defense of their trademark rights. Our intellectual property attorneys have extensive experience in handling proceedings before the United States Patent and Trademark Office and before the Trademark Trial and Appeal Board. Internationally, professional relationships forged with law firms throughout the world allows us to select, protect, prosecute and license trademarks overseas.

Intellectual Property Counseling, Licensing and Other Agreements

Our intellectual property attorneys routinely advise our clients about management and use of intellectual property rights. With respect to patents, LHDK&W’s intellectual property attorneys evaluate patents and provide legal opinions as to the validity, enforceability, and infringement of patents of clients and their competitors. In addition, our attorneys provide legal guidance during product development and marketplace introduction, including legal advice regarding potential violations of the intellectual property rights of third parties.

Our intellectual property group routinely negotiates and drafts agreements essential to accomplishing our clients’ goals, such as:

  • nondisclosure/confidentiality agreements
  • non-compete, employment and independent contractor agreements
  • licensing and technology transfer agreements
  • teaming and joint venture agreements
  • source code escrow and other software agreements

Intellectual Property Due Diligence, Evaluation and Audit

Unlike other law firms’ intellectual property groups, our intellectual property attorneys advise clients in connection with mergers and acquisitions, venture capital investments, joint venture agreements, other financial transactions and new product introductions in connection with their intellectual property interest. The firm’s intellectual property attorneys are fully capable of developing intellectual property strategies, investigating and evaluating intellectual property positions and risks, and negotiating and documenting transactions. Because our attorneys possess industry knowledge in computers, semiconductor, electronics, and telecommunications, we are able to apply our in-depth technical expertise and specialized legal skills to successfully complete complex intellectual property transactions that most other firms cannot handle.

We understand that mere creation of an intellectual property right is just the first step in creating value for your business. Our intellectual property practice also counsels clients on systematically identifying, evaluating and protecting their intellectual property assets as they are created. To assist you in maintaining your intellectual property’s value, we will also regularly conduct intellectual property “audits,” so that we can formulate an appropriate strategy regarding the management of your intellectual property assets.