New and emerging technologies and fast access to information are transforming the business landscape.
Entities such as biotechnology and pharmaceutical companies, universities, nonprofits, and research institutions, for example, are finding that in a time of increased resource scarcity, appropriate protection and leveraging of resources can fund further research and development. Economics often dictates that such entities actively seek opportunities to transfer technology out, license technology in, develop joint development strategies, or seek government or private investment funding. Thus, intellectual property tools such as patents, copyrights, trademarks, trade secrets, and contracts, as well as intellectual property laws, are all becoming increasingly important to these entities.
Epstein Becker Green's intellectual property law attorneys provide counsel to domestic and multinational companies and individuals in such industries as health care and life sciences, entertainment, high tech, and print and broadcast media, among others. We assist clients by identifying their intellectual property assets and enhancing the value derived therefrom by providing strategic counseling, training, and services directed to acquiring, leveraging, and enforcing intellectual property rights.
When prosecution, litigation, or dispute resolution services are needed, our Intellectual Property Litigation group jumps into action to skillfully represent clients in federal and state courts, arbitrations, and mediations, and before administrative bodies, including the Trademark Trial and Appeal Board, the Patent and Trademark Office, and the Federal Trade Commission. We also represent clients before the International Court of Trade.
Our team of intellectual property law attorneys provides services that help clients align intellectual property resources with business goals. Specifically, our services include the following:
- Establishing product clearance practices, including a freedom-to-use analysis
- Performing intellectual property audits, including developing an intellectual property asset management system
- Setting up an intellectual property triage committee, including establishing process and screening criteria to obtain/maintain patents and other intellectual property assets
- Preparing and prosecuting patent and trademark applications
- Obtaining copyright and other intellectual property protection
- Providing intellectual property asset valuations
- Identifying intellectual property as a business asset; assisting clients in the capitalization of intellectual property assets, such as initiating a proactive licensing program; and helping clients find business opportunities with strategic patenting
- Providing due diligence investigations for licenses, mergers, acquisitions, and financing
- Initiating an intellectual property enforcement program, including intellectual property litigation, alternative dispute resolution, and mediation
- Advising on employment matters, including:
- preventing, addressing, or resolving intellectual property ownership and assignment issues
- ensuring the confidentiality of proprietary information
- educating clients concerning the duties and responsibilities that intellectual property issues impose upon employers and employees
- enforcing intellectual property policies following employee termination
- Providing antitrust counseling related to patent and trade secret issues
- Assisting in business transactions and corporate finance by providing clients with a broad range of transactional services, including licenses, joint development agreements, and cooperative research agreements
- Helping clients manage and protect international brand portfolios, including:
- establishing brand and media licensing programs, patent and technology transfer ventures, and service businesses and software or data licensing initiatives for multiple distribution channels
- assisting clients with preparing, reviewing, and negotiating a broad mix of commercial contracts that are integral to business operations, including supply and distribution agreements
For clients in the life sciences industry, we also do the following:
- Provide counseling to assist clients in successfully navigating highly regulated areas, such as the Food and Drug Administration's regulation of pharmaceuticals, biotechnology products, and medical devices
- Scrutinize, develop, and implement research compliance programs, such as clinical trial research
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