Helping clients identify, protect and leverage the value of their intellectual assets is the core of our IP practice. Our full service intellectual property team comprises litigators, transactional lawyers, registered patent attorneys and counselors with extensive experience in government and a wide range of industries and scientific disciplines. Our patent, trademark and copyright teams work together seamlessly to handle any intellectual property issue that may arise. We partner with our clients to develop their desired outcomes and conceive and execute strategies to reach their goals.
Our intellectual property practice has extensive experience in the following services:
Advertising and Promotions
We provide practical advice on how to structure successful advertising and promotions to companies and consumers, while also minimizing risks. With an eye toward state and federal regulatory compliance, we review advertising, websites, social media initiatives, price incentives, marketing practices and promotional materials. For clients as well as agencies, we negotiate a wide range of advertising, marketing and promotion contracts. Our team also handles legal challenges to product claims for our clients. We make sure clients can substantiate that their advertising claims—including comparative advertising—comply with state and Federal Trade Commission (FTC) requirements.
Branding and Trademarks
Whether a client is establishing a new brand or maintaining existing trade assets, our team works with clients to secure and enforce their trademark rights. In working closely with a client to select a new mark, we conduct multiple stages of thorough searches to ascertain its availability and whether it is one that we can protect. Our full-service maintenance and watch programs keep clients fully informed of the status of their trademark portfolio, as well as the actions of their competitors around the world. We also provide counsel on branding and consumer protection strategies for websites and social media platforms and guide clients on protecting their domain names and global trademark strategy.
Copyrights and Rights of Publicity
We document and preserve the rights of ownership for a range of copyrightable materials for clients, from original literary creations, audio and visual works and music to databases and software. This extends to works created by our clients’ employees or independent contractors. We also provide counsel on the effective and appropriate use of others’ copyrighted materials. We assist clients with rights clearance, including negotiating appropriate licenses, consents and releases as well as waivers of moral rights. Our team monitors the marketplace to prevent infringements and prevent our clients’ infringement of the copyrights of others. When disputes do arise, our attorneys are prepared to file suits to halt the infringement. Our representation also defends our clients against claims of copyright infringement from other parties.
We manage the intangible aspects of intellectual property, implement effective due diligence processes and advise on diverse contractual rights and obligations. We work with clients to navigate licenses and other agreements with third parties and examine potential claims by others that could affect the validity, enforceability or scope of a licensed patent. The experience of our intellectual property group also extends to evaluating any ongoing or potential litigation, interference, opposition, reissue or related proceedings. Our portfolio assessment and management processes help clients to mine unused intellectual property assets for revenues, whether through assignment, licensing or disposition.
Information Technology and Outsourcing
We help on a wide range of information technology issues, including system implementation, licensing, outsourcing, information security, privacy and data security, technology development, technology standards development, e-commerce and dispute resolution. Our team provides counseling and transactional support for the full range of e-commerce and Internet-based activities, including developing service and hosting agreements, implementing employee portals and client extranets, planning data gathering, drafting corresponding privacy policies and rolling out sweepstakes and advertising campaigns.
We handle all aspects of IP legislative and regulatory affairs, from copyright to patent and have also played an active role in a range of federal IP legislation in recent decades. Our clients vary from small to the largest businesses, including Fortune 50 companies as well as universities, significant trade associations and a major performing rights organization. We have represented clients in the biotechnology, pharmaceutical, computer hardware, software and equipment, entertainment, printing and publishing industries.
We have litigated infringement suits in courts around the nation for patent, trademarks, as well as copyright and advertising and other litigation. Our litigation experience extends to matters in a broad range of industries and technologies, including pharmaceuticals, medical devices, dental methods, computer software, automobile designs, consumer products, agricultural equipment, ink formulations, cameras, in-flight entertainment systems and electronic components. Our lawyers are highly skilled in handling litigation through alternative dispute resolution, such as arbitration and mediation, which results in settling most of our clients’ litigation matters out of court. We have additional experience negotiating cross-licenses and ongoing business arrangements. We litigate in all jurisdictions in the United States and have extensive experience in post grant proceedings in the USPTO.
Whether a client is launching a new product line or developing an existing brand, our attorneys offer guidance through each step of the product development process. We negotiate technology development agreements and look to enhance the protection of products. Once we assess whether patent protection is available, we help clients avoid infringement on the patent rights of others. Our team has experience drafting patent applications for a wide range of products, devices and technologies, in the life sciences, health care, pharmaceutical, medical device, biotechnology and biomedical sectors as well as high tech and computer sciences. Having represented clients before the U.S. Patent and Trademark Office, we also maintain enforcement strategies to maximize the capabilities of each patent portfolio.
Technology Transactions and Licensing
We work with clients at every phase of the technology life cycle, from innovation to phase-out, and from system selection through implementation and ongoing support. We develop and execute legal solutions that help clients preserve their flexibility, while protecting their rights and property. We assist clients with development and distribution; inbound licensing; outbound licensing; strategic alliances and joint ventures; research and development; university research and technology transfer; and IP asset acquisitions and equity investments.
Our DBRanding blog is designed primarily for business owners, in-house counsel, and marketing managers who are seeking uncomplicated, practical, day-to-day advice about how to build, protect, or monetize a brand. Our contributors are Drinker Biddle lawyers and paralegals with extensive experience managing trademark (and copyright, and patent) portfolios owned by everyone from Fortune 100 companies to sole proprietorships.
- Lee v. Tam: January 18 Panel Discussion on Supreme Court Oral Argument
- Minimizing Website Infringement Liability: (Re)Designate Your Digital Millennium Copyright Act Agent
- A Second Chance for Supplemental Register Registrations: Debunking “Myths” about Re-Filing on the Principal Register
PTAB Trial Blog
The PTAB Trial blog was created to provide frequent updates, insightful commentary, and useful practice tips for those with an interest in post-grant trials before the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB). Our contributors are Drinker Biddle attorneys – including a number of former USPTO patent examiners – having extensive experience before the PTAB (including its predecessor tribunal, the Board of Patent Appeals and Interferences), before the courts in patent litigation matters, and before the USPTO in matters relating to patent prosecution.