Intellectual Property

Intellectual Property Protection

Our attorneys advise our clients regarding copyright and trademark protection for intellectual property assets ranging from software to commercial brands; trade secret protection and confidentiality shields covering proprietary business information, such as client lists and technical know-how; and non-compete agreements and similar protections vis-a-vis key employees, engineers, and executives. We also prosecute patent applications before the USPTO and work closely with our clients to devise comprehensive strategies for protecting their patentable technology.

Several of our partners have served as in-house counsel at technology companies, and are intimately familiar with the business realities of the technology creation and development process, in the context of both complex software and hardware business; this familiarity allows us to dispense sound, realistic strategies for protection of intellectual property for technology companies that operate at a dynamic (and sometimes chaotic!) pace.

Licensing and Commercialization

Our attorneys help clients commercialize and profit from their intellectual property by helping them license, assign, and sell intellectual assets; structuring, negotiating, and documenting software and technology transfers and licenses on exclusive and non-exclusive basis; and advising our clients on distribution and supply agreements, technology sharing agreements, joint ventures, and other strategic relationships. We also advise our clients on a broad range of issues arising out of acquisition and use of intellectual property of third parties, ranging from licensing or purchase of third party software components and hiring of outside contractors and work-for-hire, to large scale outsourcing of software development projects. Our attorneys have negotiated and documented numerous outsourced technology development agreements and frameworks, including an offshore software development contract between a firm client and a large, CMM-5* certified Indian software developer, in a deal valued well over USD 500,000. (*Software Capability Maturity Model Level 5).

Our attorneys also represent clients in commercial litigation involving software development contracts, performance warranties, and other contractual disputes.

Enforcement

Our attorneys help clients protect their intellectual property by enforcing and defending intellectual property infringement actions, including trademark, copyright, and patent infringement claims, unfair competition lawsuits, and trade secret and idea misappropriation claims in court. In conformance with our general approach to litigation, we seek the most cost effective solution consistent with the client’s business objectives, rather than facile, “cookie-cutter” solutions that amount to throwing money at the problem.

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