Robinson+Cole's Intellectual Property + Technology Law Practice Group represents a broad range of clients in legal matters reflective of all stages of the life cycle of a company, from concept to market, from sale of companies to facilitating strategic acquisitions, to enforcing and defending intellectual property against and from third parties. Starting with an understanding of the value of your technology and intangible assets, our analyses bring a combination of our depth of experience handling intellectual property together with antitrust, tax, products liability, employment, export/import and trade regulation disciplines to your matters. With our experience assisting clients across a range of industries, such as healthcare, manufacturing, technology, consumer products, and food and beverage, we offer imaginative solutions to help you fully capitalize on the possibilities and practicalities of developing and protecting your intellectual property.
Our practice provides:
Through our interdisciplinary practice and network of international contacts, Robinson+Cole’s experienced IP+T attorneys provide global representation to our clients. Our goal is to add value to our clients' business operations by providing sophisticated, strategic legal counsel that is timely, efficient, and practical, helping them achieve their goals through a comprehensive approach to the management of their intellectual property assets. In listening to our clients’ objectives, we develop a deep understanding of our clients' industries and technologies to help them anticipate and mitigate their exposure to business risk. The lawyers on our team have decades of experience successfully helping companies protect their intellectual property, domestically and worldwide. Our team includes individuals who teach intellectual property law at the university level, and who have been recognized as being among The Best Lawyers in America for their work in trademark, copyright, and information technology law. Our attorneys are sought after guest speakers, who have given presentations nationwide on a variety of intellectual property subjects.
The scope of our brand protection practice includes a wide variety of companies, ranging from the food and beverage industry, manufacturers, retailers and service providers, to software companies and health care providers. Our large network of international contacts and law firms allows us to assist our clients with protection of their brands, not only in the United States but internationally as well. We work to protect and defend our clients’ most valuable assets
- their brands - at all stages, from conception and manufacturing to marketing and sales. Our lawyers help build brand value through appropriate protection and use of trademarks. We build licensing and distribution strategies and agreements to optimize the value of a client’s brand. We offer consultation services to assist in determining where a brand needs to be protected, including state, federal, and international protections. Once a client is ready to take a brand to market, we ensure that they are compliant with packaging and advertising rules and regulations. We provide watch services to assist in policing and enforcing our clients’ rights in a brand, and when necessary, we assist with litigation.
In the digital age, copyright law involves more than just protecting creative works of art by authors, photographers, and artists. Computer software, advertising materials, website design, and online security measures are all issues many businesses face in the digital media landscape, and all are impacted by copyright. For those businesses, obtaining and enforcing copyrights is an essential component of their intellectual property strategy and competitive advantage. Companies faced with claims of copyright infringement need to be prepared to act quickly to avoid serious liability. With a wealth of experience and legal skills, Robinson+Cole’s Intellectual Property + Technology lawyers are prepared to assist clients with managing complex issues under federal copyright law and the Digital Millennium Copyright Act. Examples of our services include:
Our Intellectual Property + Technology lawyers understand that for businesses to secure or maintain a competitive business advantage, their trade secrets must remain confidential. Trade secrets can involve key financial, technical, client, or business information, whether it is a new confidential manufacturing process, a secret formula, a restaurant chain’s recipe for a signature dessert, or computer technology. Like patents, trade secrets are property, and can be licensed or transferred. Proprietary information can be exposed by former employees, third parties given access, corporate espionage, or following the dissolution of a venture. Thieves also can target companies’ critical information through computer hacking. We advise on the establishment of trade secret programs and non-disclosure agreements, and counsel clients on how to best protect their trade secrets. For victims of trade secret theft, we pursue restraining orders, injunctions, and when needed, litigation to protect information and enforce their rights in court, securing relief or damages. We also defend employees who have been accused of misappropriating trade secrets. Our lawyers have extensive knowledge of all relevant civil and criminal laws, including the Uniform Trade Secrets Act, Economic Espionage Act, and the Computer Fraud and Abuse Act.
Our Intellectual Property + Technology lawyers have worked interactively with clients to prepare and successfully prosecute patent applications across a wide-variety of technologies and in many jurisdictions world-wide. We advise our clients on strategic management and growth of patent portfolios, working directly with researchers, scientists, and in-house counsel to evaluate emerging technologies, identify patentable subject matter, and pursue creative strategies to secure broad and enforceable patent protection. We have extensive experience practicing and litigating before the Patent Trial and Appeal Board at the U.S. Patent & Trademark Office, both in prosecuting successful appeals of patent application rejections and in adversary proceedings. Our experience in patent litigation and licensing helps us assist our clients in growing a patent portfolio that will best serve their strategic and competitive business interests.
Our goal is to help our clients manage and grow their valuable intellectual property and technology assets to maximum benefit. To that end, we assist with the analysis, transfer, and licensing of intellectual property and technology assets for purposes of mergers, acquisitions, joint ventures, financing agreements, and licensing and joint ownership agreements. Our lawyers also regularly advise on maintenance of confidentiality, intellectual property ownership rights, research and development constructs involving intellectual property and distribution and supply arrangements.
We advise clients on all aspects of:
Research is a critical component of the strategic vision and goals of companies in the health care industry. Robinson+Cole's lawyers work collaboratively with sponsors, clinical research organizations, sites, and investigators to ensure that our clients are protected without harm to either the speed to trial commencement or the overall relationship.
We can assist with navigating ethical and regulatory complexities associated with research activities as well as with the heightened concerns raised by certain subject groups, such as children. Our lawyers have strong experience assisting with agreements related to clinical trials, and we provide advice on all legal issues that arise in the clinical trial setting, including:
Many of our clients also turn to us for assistance with the exploitation of results stemming from their research efforts. We implement commercialization arrangements, including licenses and invention administration agreements. We also assist with the implementation of consulting arrangements in which a consultant is engaged to assist with aspects of the research or exploitation of developments.
For many businesses, intellectual property is their most significant asset - and their greatest vulnerability. The expense associated with complex intellectual property litigation has the potential to cripple businesses and can dissuade companies from protecting their investments. At Robinson+Cole, the Intellectual Property Litigation Team works closely with the Intellectual Property + Technology Team to understand the science and technology behind our clients' business operations, enabling us to develop a litigation strategy rooted in our clients' business goals.
Our clients’ business goals and protection of assets are our top priorities. We analyze the pros and cons of each case, seeking the most cost-effective and efficient strategies to come to a fair and satisfactory outcome. Our experience helps us to reduce uncertainty by objectively evaluating cases early in the process. That experience includes representing major corporations in intellectual property litigation hotbeds, including the Eastern District of Texas, the District of Delaware, and the Northern District of California, as well as in local matters in the state and federal courts. We represent clients in diverse industries in disputes concerning the following:
We pride ourselves on helping clients navigate disputes, from pre-filing negotiations to trial if necessary. We have a record of securing positive outcomes, such as obtaining summary judgment for a client in a $6 billion patent infringement action relating to jet engine fan blade technology. Our litigation lawyers closely monitor national trends in intellectual property litigation and are frequent authors on the subject. Regardless of the scope of our representation, we are committed to providing excellent, cost-effective services to achieve the desired outcome.
Our lawyers begin with understanding the technology with which we are dealing. In this way we can offer creative and unique solutions to help our clients fully capitalize on the possibilities, potential, and practicalities of exploiting their technology. We work with our clients to devise solutions to meet their unique business needs and objectives while helping them navigate the complex regulatory environment they face. We pride ourselves on understanding our clients’ business needs and delivering cost-effective services, allowing them to focus on their businesses while minimizing their risks.
We have extensive experience with respect to system and business process outsourcing, systems and software acquisitions and equipment leasing arrangements, software development agreements, technology support and maintenance agreements, strategic alliances, and licensing agreements. Our Intellectual Property + Technology group lawyers work closely with the firm's e-commerce lawyers on the related issues of Internet website development and the legal issues associated with electronic commerce. We assist clients with a range of technology-related disputes and compliance matters.
Our lawyers help clients establish their Internet business operations. We assist with the documentation of all aspects of operating a store online, including terms governing site use, click-wrap and browse-wrap agreements, access agreements to secure areas of the site, end user license agreements, placement and conspicuousness of disclosures, co-branding, linking and framing agreements, keyword advertising, search optimization, and domain name disputes.
Clients also seek our advice on privacy and data security compliance policies, procedures, and training. We also represent service providers that offer analytical and other data collection and analysis products that ultimately allow companies to better predict market demand for products and to target and reach prospective customers.
We represent clients across various industries, from manufacturing to healthcare. In the healthcare information technology arena, we are experienced with electronic medical record systems implementations, health information exchange platforms, claim processing and clinical information systems, and other systems unique to the needs of our health care clients.
Represented a NYSE company in all intellectual property aspects of the sale of its global textile colors business and European industrial colors business to U.K. public company, including numerous licensing arrangements.
Representation of the U.S. subsidiary of a Scandinavian steel manufacturer in a technology joint venture with a $1 billion-plus agricultural equipment company.
Advised consumer product packaging manufacturer, regarding licensing, sale, and manufacture of soft drink bottle fill and capping technology.
Obtained favorable judgment after a patent infringement trial involving automated pitching machines, which was affirmed on appeal.
Obtained reversal of district court’s entry of summary judgment in a case of first impression before the Second Circuit Court of Appeals involving the requirements for a nominative fair use defense under the trademark laws.
Successfully argued dozens of patent appeals, re-examinations, and inter partes reviews before the Patent Trial and Appeal Board at the United States Patent Office.
Emseal Joint Systems, LTD. v. Schul International, Co., LLC et al - Patent Infringement *
Emseal Joint Systems, LTD. v. MM Systems Inc. – Patent Infringement *
Takamine Gakki Co., LTD v. KMC Music, Inc. et al - Trademark Litigation *
Clearwater Systems Corporation v. Clearwater Enviro Technologies Inc. - Trademark and
Copyright Infringement proceeding*
David A. Potts and Geomatrix, LLC v. S-Box LLC – Patent Infringement *
DGG Properties Co., Inc. v. Giovanni’s II, Inc. – Trademark Infringement *