Identification, Protection, & Commercialization of IP

Intellectual property is an important asset to many businesses.  The attorneys in our Intellectual Property & Technology group advise clients regarding issues that arise out of the identification, protection, and commercialization of intellectual property, including know-how and other trade secrets, patents, copyrights, trademarks, information technology, and data.

We assist our clients by identifying sources of intellectual property in the client’s operations and establishing programs to ensure that the client obtains rights to, and appropriately protects, valuable intellectual property developed with the client’s time and resources. Our attorneys have a great deal of experience in analyzing and assisting with the transfer of intellectual property in connection with business transactions, including mergers & acquisitions, sales transactions, financing transactions, joint ventures, and licensing arrangements. We also assist our attorneys in identifying, managing, transferring, and planning for intellectual property assets held by clients. In addition, we have substantial Litigation experience, pursuing infringement and other actions to enforce rights to intellectual property and in defending infringement claims.

Trademark, Copyright, & Trade Secret Selection & Protection

We counsel clients concerning the selection, registration, protection, and enforcement of trademarks and service marks in the United States and throughout the world. In addition to providing clients with advice concerning the selection and availability of marks, our attorneys have substantial experience in preparing, filing, and prosecuting US federal and state trademark applications. We also coordinate with a worldwide network of attorneys to protect our clients’ trademarks abroad. We have worked with clients in all industries ranging from Fortune 100 companies to start-ups to individuals.

PSH trademark attorneys also have a wealth of experience in developing and implementing brand management strategies with clients. We work closely with our clients to understand their business and goals, so that we may assist in identifying which assets are worth protecting and which are not. Often, we have been able to help identify areas for cost savings and make the client’s brand development and protection process more efficient.

We work with clients across all industries to obtain copyright protection and registration. We also provide counseling on copyright ownership, copying, and licensing issues. Our copyright practice encompasses computer software, databases, applications, and digital rights, as well as more traditional subject matter areas: books, photographs, videos, movies, and works of art. We advise clients regarding the Digital Millennium Copyright Act (DMCA), fair use, secondary liability, open source, and other emerging issues related to Internet and e-commerce, social media, and computer software and applications.

Our attorneys also develop employment agreements and non-competition agreements that require disclosure and protection of ideas, as well as limit the use of intellectual property following cessation of employment. We provide counsel regarding the establishment of internal controls to protect trade secrets.

Intellectual Property Transactions

Our attorneys have substantial experience dealing with the intellectual property aspects of business transactions, including purchase and sale, merger, financing, joint venture, licensing, and marketing arrangements. We routinely work with our business law and financing attorneys regarding identification, assessment, and transfer of intellectual property assets.

Technology & Electronic Commerce

Our attorneys have experience in advising clients regarding licensing and transfer of intellectual property rights, agreements and transactions concerning software, applications, and other technology, and liability for transactions over the internet.

Our clients include both licensors and licensees, and we are involved at all stages of licensing transactions. Our software licensing practice includes inbound and outbound licensing of computer programs and other applications, and our attorneys have represented some of the region’s largest financial institutions and other users in this regard.

In addition, our attorneys prepare and negotiate other important technology agreements, such as research and development agreements, marketing, private label and co-branding agreements, sales and distribution agreements, OEM and sales representative agreements, end user licenses, hosting agreements, escrow agreements, open source agreements, and software as a service (SaaS) agreements. We also advise clients regarding website privacy policies, terms of use and other website agreements, unauthorized sale of products online, and data security issues.

We counsel clients on liability issues arising from use of the internet and World Wide Web, including the Digital Millennium Copyright Act (DMCA), Children’s Online Privacy Protection Act (COPPA), Anticybersquatting Consumer Protection Act (ACPA), Uniform Electronic Transactions Act (UETA), Electronic Signatures in Global & National Commerce Act (E-Sign), Section 230 of the Communications Decency Act, and other state and federal laws and pending legislation affecting online businesses.

Intellectual Property & Technology Litigation & Dispute Resolution

Commercializing intellectual property often leads to business disputes. While we attempt to resolve business disputes in a cost-effective manner, sometimes litigation cannot be avoided. Our attorneys have decades of experience in litigating all types of intellectual property disputes in federal and state courts, including those involving patents, trademarks, copyrights, trade secrets, and right of publicity, as well as disputes involving contracts, license agreements, and joint venture agreements.

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