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 involve technical details and intricate procedures and need attorneys to interpret these details and provide cost-effective solutions.

As one of the firm’s largest practice groups, our 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.

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

We actively prepare and prosecute 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.

With each patent preparation and prosecution, we aim to keep our clients out of court with well researched, strongly written patents.

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
• Emerging Technology/Artificial Intelligence/Machine Learning/IoT

Our intellectual property attorneys are closely involved in the development, protection and maintenance of our clients’ trademarks and copyrights.

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.

Our intellectual property attorneys routinely advise our clients about management and use of intellectual property rights. With respect to patents, our 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

Our intellectual property attorneys routinely advise clients in connection with mergers and acquisitions, venture capital investments, joint venture agreements, other financial transactions and new product introductions. Our intellectual property attorneys advise in developing intellectual property strategies, investigating and evaluating intellectual property positions and risks, and negotiating and documenting transactions.

The mere creation of an intellectual property is just the first step in producing value for clients’ business. Our intellectual property attorneys counsel clients on systematically identifying, evaluating and protecting their intellectual property assets as they are created. To assist clients in maintaining their intellectual property’s value, we also regularly conduct intellectual property “audits” so that an appropriate strategy can be formulated regarding the management of clients’ intellectual property assets.

We have handled numerous cases involving a variety of intellectual property disputes, including patent, trademark, trade dress, copyright and trade secrets.

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.