Intellectual Property Litigation
Attorneys in the IP Group regularly prosecute and defend litigations across the country related to intellectual property and technology, including actions focused on patents, trade secrets, trademarks, copyrights, and rights of publicity and privacy. We handle IP cases related to varied subject matter, such as software, telecommunications, IP-centric commercial disputes, databases, technical know-how, apparel, pharmaceuticals, music, literary works (such as books and other digital assets), television and film.
While many of our cases are in federal court, we also are active in state court actions in New York, California, New Jersey, Connecticut and Massachusetts, as well as other states, with assistance if necessary from our network of local-counsel firms. Our approach to litigation is always practical, with the proper balance between aggressiveness in the courtroom and a realistic, seasoned sense of when and how to alternatively steer cases to produce a successful, business-minded outcome.
Intellectual Property Transactions
In the IP Group, we know how to get IP, technology and entertainment deals done. We tap into our deep knowledge of businesses built on intellectual property, technology, and entertainment-related assets to bring creative, savvy input into structuring transactions that make sense and allow our clients to move ahead. We put that knowledge to work for companies and individuals at all stages of the business lifecycle and from all points of view.
Some of our clients are just getting started with innovative technology or digital content. Others are established players looking to venture with industry partners because their organizations can achieve more together than apart. And sometimes, large corporate clients come to us because we can help them get the most from their technology vendors, content licensors and M&A targets. Whatever the situation, we show clients how to maximize the value of their IP portfolio, realize revenue opportunities, provide practical contractual remedies and otherwise allocate and manage risk with their business partners at all stages of development, from start-up through end of life.
The patent attorneys in our IP Group are technologists – engineers and mathematicians with extensive experience who stand by our technology clients and advise them on all aspects of patent law. Our team has in-depth knowledge of a wide range of technologies and we leverage our collective expertise to guide clients through the various phases of patent protection and enforcement, including prosecution, post-grant proceedings, litigation, strategic counseling and risk management. We enable our clients to extract the most value from their inventions and provide technical advice on how to avoid violating the rights of third parties. We use our proprietary patent portfolio assessment tool to maximize the efficiency of our services, and provide counsel to clients in a variety of high-technology fields, including software, analytics and network management; e-commerce; medical devices; pharmaceutical and biotechnology; and financial and insurance technologies.
The IP Group actively represents start-up and middle-market companies in the areas of trademark clearance and brand protection, including IP ownership strategies and intra-company structuring. The firm utilizes the latest in trademark docketing technology to ensure accurate and timely tracking and prosecution of client trademark and service mark applications and PTO opposition proceedings. MSF offers comprehensive trademark portfolio management services to clients of all sizes. We prosecute, manage, license, enforce and defend our clients’ worldwide trademark portfolios covering the full range of goods and services, with more than 1,200 trademarks and trademark applications under management.
We regularly advise our IP clients on the registration, protection and exploitation of copyrighted works, both within the United States and abroad. We represent licensors and licensees across a number of industries, including technology, entertainment, museums and cultural not-for-profits, and digital media and advertising. As such, we know that industry practices vary, and we offer practical solutions and recommendations tailored to such disparate requirements. We conduct due diligence and chain-of-title analyses in connection with all types of commercial and corporate transactions involving copyright-protected assets. In addition, we counsel our clients on the implementation of internal compliance and due diligence procedures, including the development of copyright registration practices and procedures, and the implementation of clean-room protocols.
Our IP Group understands the importance of safeguarding the trade secrets, know-how and proprietary business information of our clients and their business partners. More than that, we understand how to put trade secrets to work, while practically protecting them from unauthorized disclosure and use. Secret formulas and know-how do not serve any business purpose unless their owners can be coached on how to deploy them in a safe, effective and productive manner, all without waiving their trade-secret status. Our IP Group knows how to get that done, whether it be through carefully negotiated development agreements, properly siloed clean-run environments and protocols, or enforcement of rights through litigation. Most importantly, we are a valued resource to clients as they strategize how to develop, protect, and exploit their know-how and technical expertise in a way that maximizes their return on R&D investments.
Privacy & Data Security
The IP Group advises clients on how to proactively manage data through the entirety of the data life cycle, including creation, collection, use, storage, management and exploitation. Our team counsels leading mobile and web-based technology developers and service providers on the development, implementation and response strategies that are conducive to their business needs and compliant with applicable laws and regulations. At the same time, we are a nimble and resourceful incident response partner that can move quickly to help clients put in place protocols, policies and procedures that account for the ever-evolving patchwork of privacy legal requirements that they face daily.
IP Group clients come to us with their most pressing litigation, transactional and counseling needs. On any given day, we prosecute or defend their important trade secret, patent, trademark and copyright litigations; negotiate their cutting-edge technology, entertainment, media and digital rights deals; perfect their IP rights by pursuing patent, trademark and copyright registrations around the world; and counsel them on diverse issues such as corporate transactions, technology development and exploitation, privacy, data security and open-source compliance.
We mine, protect and exploit our clients’ IP assets, and we measure our success by achieving their objectives. Year after year, IP Group clients come back to us for two simple reasons: we take the time to listen to them and understand their businesses, and we help them win.
The Firm’s Intellectual Property Group is active in the following areas: