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Intellectual Property

The business world has dramatically changed in the last decade. Intellectual property now comprises an ever-growing share of a company’s assets. Today more than ever, companies require IP strategies that provide protection. Businesses must protect that value in order to survive in this competitive era. Weintraub Tobin attorneys help our clients protect their bottom line by protecting their intangible assets. Our experience encompasses an array of industries and technologies including biochemistry, molecular biology, microbiology, genetics and genomics, immunology, general chemistry, pharmaceuticals, medical devices, business methods, software, general mechanical, e-commerce, consumer products, fashion and apparel, media and entertainment.

Safeguarding intellectual property is vital to achieving and increasing commercial success for companies in the global marketplace, especially for Internet, new media, and entertainment companies whose products can be developed, duplicated, and disseminated with a few clicks of a mouse. Weintraub Tobin’s Intellectual Property team consistently achieves outstanding results for our clients in complex intellectual property-related disputes and cutting-edge transactions. We provide strategic intellectual property counsel to companies at all stages of growth, helping our clients to acquire, manage, license, develop, and defend Intellectual Property in all forms. In addition, our team regularly represents companies and individuals working in digital media, advertising, marketing, and entertainment. Our attorneys have broad industry experience and specialized academic backgrounds, including advanced technical and scientific degrees.

The attorneys in our Intellectual Property department have substantial experience in all phases of Intellectual Property disputes, which provides our clients with an advantage over other law firms. In addition to representing clients in over 100 lawsuits in which a preliminary injunction was sought, attorneys in the Intellectual Property group have tried over 100 trials, many of which were tried before a jury, and have acted as counsel of record in dozens of appeals.

Our intellectual property attorneys provide counsel in connection with:

Copyrights The attorneys at Weintraub Tobin provide representation at all stages of the protection of creative works. We advise clients on a wide scope of copyright protection including copyright registration, assignment and licensing. Our copyright practice has focused on issues and industries as diverse as television, motion pictures, music, and technology. We counsel individuals and corporate entities on issues surrounding works made for hire and represent copyright owners whose works have been infringed and against claims of infringement.

Trademarks Our attorneys are dedicated to protecting the good names of our clients, literally. Our attorneys counsel clients on a variety of trademark issues, including searching, clearance, registration, prosecution and protection of trademarks domestically and throughout the world. We manage trademark portfolios for various types of companies in a wide array of industries. We regularly conduct and supervise trademark searches and render opinions regarding the scope and validity of potential trademarks. Our attorneys also negotiate and draft agreements in relation to the exploitation of or protection of our client’s brands, including licenses, assignments, and consent agreements. Our attorneys have extensive experience prosecuting applications throughout the world.

Patents Our patent practice boasts litigation and prosecution experience in very diverse fields such as biochemistry, molecular biology, microbiology, genetics and genomics, immunology, general chemistry, pharmaceuticals, medical devices, business methods, electronics, embedded systems and high performance computing, microprocessors/microcontrollers, memory devises, wireless communications devices and protocols, smartphones and smart TVs (along with applications), in-home networking for computing and entertainment, consumer electronics, semiconductor process and fabrication technology, packaging, power conversion, software for many applications, and general mechanical devices and systems. We provide a proactive and aggressive approach to securing patents to help our clients obtain the maximum protection available. From the largest organizations to the individual inventor, domestic or international, we guide our clients through the complex processes and procedures involved in obtaining the strongest patent protection to which an invention is entitled. Even after a US patent application is filed with the Patent and Trademark Office, our attorneys continue to provide legal support and assistance throughout the ensuing prosecution process. Our team also has extensive litigation experience in enforcing patents and defending against allegations of patent infringement in federal district courts across the country, the International Trade Commission (ITC), and the Federal Circuit Court of Appeals.

Trade Secrets Our attorneys counsel clients regarding the protection of their valuable proprietary information by preventing the unauthorized disclosure and use of trade secrets and the implementation of confidentiality measures through agreements and policy manuals, and the acquisition of trade secrets through licenses and assignments. We have helped our clients identify their legitimate rights in trade secrets and provided opinions on the scope and validity of those rights.

False Advertising False advertising is a deceptive practice through which businesses facilitate the sale of their product or service at the expense of the consumer. False, misleading, deceptive or untrue statements regarding the price, quality, or nature of a product is illegal under both state and federal laws and the Federal Trade Commission, the State Attorney General and local District Attorney offices are empowered to seek civil redress against offending businesses. Our attorneys regularly defend against such claims and have the experience and knowledge needed to quickly and efficiently represent clients in these types of cases.

Licensing The use of licensing to exploit intellectual property rights is an extremely important aspect of strategic asset management. Our attorneys have the knowledge and skills necessary to maximize the return on intellectual property rights, while ensuring that the licensing transaction does not violate the antitrust and unfair competition laws or render the intellectual property rights unenforceable. Members of our intellectual property practice are experienced and aware of common licensing practices as well as understand the issues, to enable transactions to be completed rapidly and correctly.

Promotions and Sweepstakes Weintraub Tobin’s Intellectual Property group includes attorneys with the experience necessary to assist clients in a wide variety of promotional and marketing campaigns, contests, sweepstakes and give-a-ways. Our attorneys know and understand the web of state and federal laws that must be followed and guide our clients in structuring and launching national or regional advertising and promotional campaigns, sweepstakes and contests.