Our clients are inventors, entrepreneurs, investors, and companies that work in highly regulated areas. They come to us because we have the real-world experience and judgment to provide uncommon insights, and guidance they can rely on.
But that’s not all.
We help them sleep at night.
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Your intellectual property strategy is an important management function and business tool. Ignore it at your own detriment. Intellectual property (patents, trademarks, copyrights, trade secrets, etc.) are intangible assets you own. A properly managed IP strategy results in the development of these intellectual property assets. Such IP assets may be leveraged to generate increased valuation and, if managed properly, may create additional streams of revenue for your company.
Obtaining quality patents that protect your innovations can be a complicated process. Your patent attorneys must be able to rigorously protect your interests in the patent application process in a manner that creates value for licensing and other purposes. That’s where HPKD comes in. Our attorneys have processed hundreds of patent applications nationally and internationally. You can benefit from our advice on building patent portfolios to support the value of your business. We understand the rules, regulations, pitfalls, and benefits of the patent process.
Fewer than 1 percent of U.S. patents are enforced through litigation. Most patent litigation results from assertive licensing of patents by aggressive licensors/plaintiffs, seeking to enforce their patent rights and thereby extract payment of royalties from a licensee/defendant. The cost to defend a typical case for patent infringement can easily run into the millions of dollars. Our attorneys have experience in this high-stakes, winner-take-all arena.
Patent litigation in the federal district courts is increasingly accompanied by the strategic initiation, and corresponding defense, of Inter Partes Review (IPR) proceedings before the Patent Trials and Appeals Board (PTAB) within the U.S. Patent Office. IPR proceedings often are filed by defendants attempting to invalidate patent rights, and are accelerated proceedings that require immediate and careful management by both the requesting party and patent owner.
Your intellectual property rights are assets. They can be bought, sold, traded, and licensed. Licensing intellectual property is a great tool for leveraging your IP assets to generate passive income streams from markets that your company may not be directly serving, or from competitors who use your technology. Additionally, cross-licensing is a useful tool for avoiding potential disputes with competitors who own related technologies. The trick is to leverage your assets to achieve their maximum potential value, while minimizing any negative impact and risk to your business.
Branding your products and services is a major investment at the heart of your business. Unknowingly adopting a brand that conflicts with an existing one, or losing your trademarks to opportunistic competitors is a damaging, gut-wrenching experience to be avoided. HPKD can help protect your brands by searching for conflicting trademarks prior to your adopting a brand name or logo, and properly filing and processing federal trademark applications. Following registration, HPKD can assist in the work required to police and maintain your brand, respond to demand letters, and resolve disputes caused by the actions of competitors.
The need for properly developing and protecting your trademark rights, including the filing of a trademark application with the United States Patent and Trademark Office, is so important that we have devoted an entire section of our website to this subject.
Copyrights provide protection for creative work, including: literature, music, drama, architecture, recordings, visual and audiovisual works, choreography, and even maps. Although minimal protection is available without registration, the formal application and registration process provides significant benefits, especially if disputes arise. HPKD helps clients strengthen, license, and enforce their copyrights.
Trade secret theft is vast. It is often linked to employees leaving your business and joining or starting competing businesses, so everyone is potentially vulnerable. Unlike patents, trademarks, and copyrights, a trade secret is non-public intellectual property. Its value is tied to being and remaining a secret. There are ways to protect your trade secrets, including the use of appropriate confidentiality policies, employment agreement terms, etc. HPKD can work with you to craft the tools you need to proactively manage and protect your companies’ valuable trade secrets against misappropriation.
Our attorneys have experience with a wide range of intellectual property (IP) disputes, including suits for patent infringement, trademark infringement, copyright infringement, misappropriation of trade secrets, and related claims. Resolution of these matters in a cost-efficient manner requires thorough execution and clear understanding of your objectives and risks. If you wish to discuss an IP litigation matter please contact Jeff Hunt.
Companies that design, manufacture, repackage, relabel, and/or import medical devices in the U.S., are regulated by the Food and Drug Administration (FDA). The range of devices extends from tongue depressors to artificial hearts. At HPKD, we consult with startup and medium size companies on an array of issues including product research and development, the development of clinical study protocols, product testing, regulatory submissions, product labeling, marketing, and post-market surveillance.
When consumers are exposed to an advertisement, whether it is via the internet, radio, television, product packaging, billboard, mail, or anywhere else, federal law requires that advertisment to be truthful, not misleading, and, when appropriate, backed by scientific evidence. Sellers, their ad agencies and their website designers are responsible for claims and may be liable for making or disseminating deceptive representations. Failure to comply could mean a federal injunction terminating all advertising and the leveeing of heavy fines. A review by one of our attorneys can avoid difficulties and ease your mind.