Intellectual Property and Information Technology

Drawing on experiences as senior in-house counsel and outside counsel, our lawyers offer a robust range of skills in both intellectual property and information technology matters. We provide objective, detailed and early risk assessment; clear, well-thought out approaches for dispute resolution, pre-litigation, and litigation matters; strong analytical abilities; and creativity in developing successful strategies and theories in negotiation and litigation.

Our substantial experience includes the following:

Patent, Copyright and Trademark Infringement. Our attorneys have represented Fortune 50 companies in multi-million dollar patent infringement litigation involving a wide range of patents and products, including, among others, business methods patents, device and pharmaceutical patents. Such litigation has included, for example, patents involving computer software and hardware (such as computer caches); patents related to specific products and related technology, such as RFID products and technology; patents related to truck engine products and technology; patents related to scanning products and technology; patents relating to digital imaging products and technology; patents relating to photo sharing website technology; patents relating to voice response (IVR) technology; and patents involving pharmaceutical products.

We are well-equipped to handle cases for larger clients, for mid-sized and smaller clients. For example, in addition to handling cases for larger clients, we also have the ability to represent a small company that may be forced to defend against a patentee in a "bet-the-company" case, as well as mid-sized and smaller clients that may be sued along with multiple other large and small defendants, and that may not have the resources for patent infringement defense costs at high hourly rates. We strive to protect our clients against high-priced settlements or judgments by using an early risk assessment relating to patent infringement, as well as a careful analysis of the patent, proposed claims construction, and unique, potential defenses available in a given litigation.

We also defend clients against copyright infringement involving publications, computer software and other forms of infringement. In addition, our attorneys are effective in enforcing a company's marks against trademark infringement, including cases involving infringement arising from the use of infringing marks on the Internet. We also work with clients to explore settlement before litigation. Our experiences as corporate counsel and litigation counsel make us unusually well-suited for managing copyright and trademark litigation both creatively and cost-effectively.

Drafting Information Technology Agreements. Our attorneys also have substantial expertise in negotiating and drafting various types of software and hardware licensing agreements, including enterprise-wide licensing agreements; licensing agreements limiting usage to specific, identified sites; agreements based on concurrent users; agreements based on named or an identified number of users; agreements for specified use of the software; and many other types of licensing and supplier agreements. In addition, our attorneys have experience in drafting other types of information technology agreements, including Non-Disclosure Agreements.

Information Technology Disputes and Litigation. We are well-suited to represent clients in information technology disputes, drawing on our roles as inside corporate counsel and outside counsel. Our attorneys have overseen information technology disputes and litigation in multiple contexts including, for example, licensing disputes and litigation arising as the result of mergers and acquisitions; hardware and software disputes and litigation arising due to an alleged failure to develop and deliver promised product; licensing disputes arising out of reverse engineering or other misappropriation of licensed software; licensing disputes and litigation arising from perceived ambiguities in existing agreements, discovered after the agreement has been signed and the software has been deployed; software auditing issues and disputes; invoicing disputes; and disputes requiring immediate action, such as injunctive relief.

At the outset, and depending on client needs, we often try to resolve disputes at a pre-litigation stage. Where that is not possible, litigation may ensue. Depending on the nature of the dispute and the circumstances, a client may hire us to seek injunctive or other relief to enforce the terms of a license agreement, thereby protecting the licensor's intellectual property, trade secrets, and other rights as against a licensee. A client also may hire us to seek injunctive or other relief to ensure that its licensed rights under an agreement are protected during the pendency of a dispute.

Information Technology Counseling. At times, in-house counsel requires counseling on discrete issues that arise in the course of negotiations and/or in a budding or ongoing dispute related to information technology issues. We are highly experienced in providing counseling on such issues, and enjoy a flexible relationship with our clients, in which a client may not only send a dispute or case to the firm, but also feels free to call upon an information technology attorney to discuss a specific issue or matter of concern. Clients are encouraged to make use of this availability, whenever the need arises.

Our attorneys have experience in many different types of intellectual property and information technology matters, and we look forward to collaborating with prospective clients in these areas of law.