Intellectual Property Law

Practice Area

Intellectual property is a key driver of economic growth and often one of an organization’s most important assets. As technological advances accelerate the pace of innovation, organizations are turning to intellectual property laws to protect their investments and maintain their competitive edge. Our intellectual property attorneys have a proven track record of protecting knowledge-based investments and brand value of organizations ranging from emerging businesses to Fortune 500 corporations in high-stakes and high-profile IP matters. This includes successfully taking cases to verdict in jury trials and achieving favorable settlements for clients.

Successful IP litigation requires a unique combination of legal and technical expertise. In addition to being highly-credentialed and respected litigators, our IP attorneys have strong backgrounds and a wealth of knowledge in sophisticated technical fields including physics, computer science and technology, electrical engineering, medicine, mechanical engineering, chemistry, biotechnology, optics, environmental engineering, fluid dynamics and civil, structural, and process engineering.

Harris Beach attorneys are at the forefront of IP counseling and new issues, having chaired and spoken at national conferences and served on national committees. Our IP litigation team has successfully represented organizations with considerable IP assets in a number of significant high-profile patent infringement cases. Our practice covers the spectrum of IP services from acquisition and management through enforcement and litigation.

Our services include:

SECURING AND REGISTERING IP

Acquisition of Intellectual Property Rights

In addition to handling all patent requirements, we file, prosecute, and obtain trademark and copyright registrations for our clients worldwide, and establish procedures for protecting trade secrets, proprietary information, and technical data. We also routinely conduct trademark searches and product clearances, and review advertising and other written materials on behalf of our clients.

IP Patent Applications

Harris Beach attorneys are skilled at identifying patentable inventions, proprietary technical information, and trade secrets. We direct patentability searches and technology audits, prepare patent applications, and file and prosecute patent applications in the U.S. and abroad.

Technology Transfer and Licensing

Harris Beach attorneys routinely help our clients buy, sell, or license their intellectual assets on a global basis. We also help clients obtain IP secured loans, maximize the value of their IP rights, and establish cross-licensing programs that often generate new revenues from previously untapped assets. Our attorneys also conduct technology audits for inventions and other protectable intellectual property and establish procedures our clients can use to identify potentially valuable IP during the development process.

IP MANAGEMENT

Anti-Counterfeiting

The importing of counterfeit consumer products into the U.S. is big business these days. Trademark owners need to be aware of the magnitude of their counterfeiting problem, and the steps they can take to protect their valuable reputations and brands. Harris Beach attorneys can help companies protect themselves by quantifying the value of the counterfeited goods displacing their sales, and determining the most practical and cost-effective corrective actions.

Brand Development and Maintenance

Our attorneys have had considerable success developing branding strategies, and enforcing these brands’ underlying trademarks, trade dress, product configurations, and advertising efforts. We assist clients in the searching and selection of brand names and the management and maintenance of their brand portfolios.

Counseling for Technology-Related Organizations

IP rights are especially important for technology-related businesses whose intellectual capital often represents their most prized asset. Harris Beach IP attorneys counsel technology-related businesses on a wide spectrum of issues ranging from developing effective strategies for protecting proprietary technologies to evaluating litigation risks. We provide patent, trademark, and copyright counseling to a broad client base which includes many high-tech companies who benefit from our attorneys’ technical expertise and legal acumen.

Intellectual Property Valuation

With IP playing a larger role in company valuations, Harris Beach can help you quantify the value of this intangible asset. IP valuation often supports strategic investment decisions such as licensing, M&As, financing, and dispute resolution, where it may prove a critical element in the outcome of a case. Our attorneys assist clients with ongoing IP valuations to track and manage the value of their intellectual assets over time.

Internet Law and Domain Name Issues

Our attorneys are on the “cutting edge” of Internet issues including web site development contracts, linking agreements, web privacy law issues, web site terms and conditions, joint venture Internet agreements, and encryption and technological matters. We also advise clients on domain name issues ranging from registrations and transfers, to protecting against ‘cybersquatters’ and other infringers. Our IP attorneys are also active in our Internet Law practice, which assists clients with all legal aspects related to the Internet, including:

Copyrights and Trademarks - The number of claims of online copyright and trademark infringement by web site owners, bloggers, affiliate marketers, and user-generated content developers is constantly growing. Our attorneys have extensive experience filing, obtaining, and protecting copyrights and trademarks for our clients worldwide.

Domain Names - The legal issues surrounding domain names can be complex and confusing. Harris Beach has experience negotiating for, obtaining, and protecting domain names, as well as handling domain name disputes, and related litigation matters.

Licensing Content - Our attorneys have experience crafting and interpreting a broad range of Internet content agreements, including buying and selling Internet-related assets and intellectual property worldwide.

Patents - Harris Beach IP attorneys have experience with the development, production, sale or use of Internet-based products and services, and with the patenting of electronic technologies. We also offer counsel to clients on software sourcing issues related to open source software.

IP LITIGATION AND PROTECTION

Harris Beach IP attorneys have wide-ranging litigation experience, including patent infringement, trade dress, trade secret, and unfair competition cases, as well as cases before the US International Trade Commission. Our attorneys have also prosecuted patent appeals before the Patent Board of Appeals and Interferences, handled inter partes proceedings before the Trademark Trial and Appeal Board, and conducted appeals to the Federal Circuit Court of Appeals in litigation matters.

Appellate Litigation and Advocacy

Successfully arguing a case before federal and state appellate courts requires a unique blend of knowledge, skills, and experience. An appellate practice requires a combination of specialized appellate advocacy, extensive trial court experience, and exceptional legal strategy and analysis.

The Appellate Litigation and Advocacy Practice Group at Harris Beach has earned a reputation for successfully arguing cases before federal and state appellate courts. Our appellate court experience, trial-level capabilities, and litigation advocacy help our clients meet their most formidable litigation challenges. Our appellate litigators also have the resources of a full-service law firm at their disposal, allowing them to draw upon the expertise of other firm members when a particular case involves issues in a specialized area of law.

Litigation of Patents, Trademarks, Copyright, and Trade Secrets

Harris Beach attorneys have litigated numerous high-profile Fortune 500 patent cases, and hundreds of trademark, copyright infringement, unfair competition, counterfeit and illicit trade matters internationally and in the U.S. This includes numerous jurisdictions, appearing before multiple federal courts, state courts (both jury and bench trials), administrative agencies, and the U.S. International Trade Commission. We have handled patent litigation in a wide variety of industries including medical and life sciences, electronics, telecommunications, automotive and heavy machinery, and consumer products in a broad spectrum of areas, including food products and golf equipment.

Successful patent infringement cases require attorneys who understand the technology involved and can effectively communicate the subject matter to judges and/or juries who may not share their technical backgrounds. Our attorneys have mastered the art and science of presenting complex evidence, employing the most cutting-edge technology to explain the intricacies of a case, simply, and clearly, simultaneously making the evidence both vivid and understandable.

Unfair Competition

The majority of unfair competition and unfair trade practice law involves patents, trademarks, and copyrights. Harris Beach attorneys have regularly assisted IP owners in terminating or preventing damage under the following laws: antitrust, federal unfair competition and false advertising under Section 43(a) of the Lanham Act, federal and state computer fraud statutes, state contract and employment law covering inventions and non-disclosure and non-compete agreements, and trade secret laws.

E-discovery Solutions for Litigation Support

The Harris Beach e-info℠ Electronic Information Counseling and Management Practice Group has been involved in complex litigation for decades. As a result, we have developed a proprietary approach to large case management and have extensive experience in all phases of e-discovery. We were named as a Go To® law firm for litigation e-discovery in the In House Law Departments at the Top 500 Companies 2011 8th annual edition, from the publishers of Corporate Counsel. When the stakes are high, Fortune 500 corporations and top ranking law firms trust our e-info attorneys and IT consultants to provide customized and comprehensive solutions to the new reality of complex litigation challenges.

There are a number of unique advantages to working with the Harris Beach law firm for e-discovery. First and foremost, our e-info team is led by attorneys and IT professionals who understand the legal and technological issues associated with electronic document preservation, collection, and production. With our law firm roots, we know what the legal requirements are, and work closely with you to meet your specific needs. Our experience working with many of the nation’s leading law firms ensures that we bring the most current “best practices” for preserving, reviewing, and producing documents to your organization.

Harris Beach offers integrated solutions ranging from technical assistance associated with back end document and electronic information collection and processing, to service as separate document counsel where our attorneys and IT consultants collaborate to provide a complete solution to your electronic and paper document needs. In any scenario, our e-info team attorneys and IT consultants deliver cost-effective counseling and management. For more information, please see the description of services for e-info.