Enforcing IP rights is crucial in preventing unauthorized use and infringement. We represent clients in a range of IP disputes, including patent infringements, trademark violations and copyright disputes. We have seasoned trial experience and are skilled in Alternative Dispute Resolution methods such as mediation and arbitration.
Our experience includes litigating high-profile Fortune 500 patent trademark and copyright infringement cases, including unfair competition, counterfeit and illicit trade matters internationally and in the United States; appearing before multiple federal courts, state courts (both jury and bench trials), administrative agencies and the U.S. International Trade Commission; and handling patent litigation in a wide variety of industries, including medical and life sciences, electronics, telecommunications, automotive, heavy machinery, optics and photonics, food and beverage and athletic equipment.
Patent Infringement and Litigation
Harris Beach Murtha represents patent owners and accused infringers in patent litigation throughout New York, Massachusetts, Connecticut and the United States. We have experience in all phases of litigation: pleading, claim construction (interpretation of patent claim language), expert discovery, summary judgment, trial and appeals.
In addition, we represent corporations with a full range of services, including writing and responding to cease-and-desist letters; negotiating and drafting patent licenses; filing reexamination requests with the United States Patent and Trademark Office (USPTO) to have the USPTO reassess the validity of a competitor’s patent; and petitioning the Patent Trial and Appeal Board (PTAB) for inter partes review to challenge the validity of a competitor’s patent.
We are experienced in issuing freedom to operate opinions, including analysis of existing patents in clearing a design; infringement opinions, including analysis of competitors’ products; and validity opinions for competitors’ patents to determine whether to challenge those patents.
Trademark Searches, Applications and Infringement
The trademark application process involves accurately classifying and describing the goods or services to be offered under the mark. We assist with not only the application process, but with conducting thorough searches to ensure an invention or trademark does not infringe on existing rights.
The clearance process, in most cases, involves a minimum of two steps: preliminary and full search.
Preliminary Search: With a preliminary search, we review the records of the USPTO and the state trademark registers to determine whether the exact mark has been registered or is the subject of an application for registration. A preliminary search does not search for marks having similar spellings, meanings or appearance, nor does it uncover unregistered uses of the trademark. Its value is that it may be used to rule out the use of a trademark prior to a costlier full search.
Full Search: We conduct a comprehensive search of all pending and registered trademark applications in the USPTO, state trademark registrations, and many common law databases, such as telephone directories, product directories and company directories. This search uncovers marks having similar meanings, spellings and appearance, as well as other variations of the mark.
Once a trademark is issued, Harris Beach Murtha represents trademark owners and accused infringers in federal trademark litigation throughout the country. We represent large corporations and small businesses with a full range of services, from writing and responding to cease-and-desist letters to taking cases through trial.
Our experience includes assisting in preliminary and full trademark and service mark clearance; counseling in selection of trademarks and service marks to avoid disputes; counseling on viability of trademark registration; negotiating and drafting trademark licenses; negotiating and drafting consent agreements and license agreements in litigation settlements; assisting in administrative and judicial enforcement and defense of trademark and service rights; litigating; handling opposition and cancellation actions before the USPTO Trademark Trial and Appeal Board (TTAB).
