Intellectual Property

 

Knowing how to best protect IP

Across the spectrum of patent, copyright, trademark and other IP matters, I have helped clients determine the smartest method to protect their valuable property and defend themselves against unwarranted claims.

The most obvious or familiar path isn’t always the right one to take in protecting intellectual property. When considering how to pursue intellectual property claims, it is helpful to know the options and have an understanding of the ways in which various forms of protection can overlap; there are differing advantages, costs and risks among the various available remedies.

For example, while patent protection for an invention may be valuable, sometimes effective and less expensive relief can be obtained to protect some of the same interests using a trade secret theory. Certain rights may be most appropriately enforced via a copyright or trademark infringement or Lanham Act suit in federal court, but in some cases a state court action for unfair business practices or breach of contract may be simpler and more expeditious.   

I have substantial experience in all of these types of intellectual property litigation. I remain mindful of the costs, risks and rewards of the various options for protecting or challenging intellectual property rights.

Recently, I successfully defended a patent infringement claim at trial on behalf of an individual who had gone into competition with his former employer. I was part of a team enforcing Colt Industries’ trade secret and Lanham Act claims against a seller of counterfeit rifle parts, in which the other side also attempted to invalidate a number of Colt patents, a case that traveled all the way up from two different Federal Courts of Appeals to the United States Supreme Court and back.

I have also litigated patent infringement cases involving athletic shoes, video anti-copying technology, and other issues. I have defended copyright infringement actions against a book publisher, and I have represented software developers enforcing their copyright and contractual rights.

I have been involved in a number of trademark infringement, Lanham Act and unfair business practices cases. I have  litigated trade secret claims involving the data contained in engineering drawings in several cases, as well as trade secret claims against employees accused of using confidential customer information or other confidential company information. I have also dealt with intellectual property claims in the context of entertainment litigation and bankruptcy litigation.

I share an office suite with Wen Liu, whose practice focuses on patent applications and other intellectual property protection and counseling. Between the two of us, we are able to provide an array of services to clients including patent applications, trademark and copyright registrations, and intellectual property licensing and litigation.

If you have an issue involving trademark, copyright, patent or other intellectual property matters, call us at (213) 437-1720. By knowing the landscape, we can help you find the right path to resolution.   

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Testimonial

“Joe is an excellent litigation lawyer with a broad grasp of the law and good business judgment. He is very efficient and cost effective in providing services to clients.”

– John Delehanty – Intellectual Property and Litigation Partner at Mintz Levin; Arbitrator and Mediator