Intellectual Property

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Whether your matter involves patent, trademark, trade dress, copyright, trade secret or related subject matter, it is important to appreciate that IP is an exception, not the rule. As noted by Justice Brandeis in 1918, “The general rule of law is that the noblest of human productions—knowledge, truths ascertained, conceptions and ideas—become, after voluntary communications to others, free as the air to common use.” International News Service v. Associated Press, 248 U.S. 215, 63 L. Ed. 211, 39 S. Ct. 68 (1918) (dissent – Justice Brandeis). In other words, IP is an exception to what is in the public domain. Need help with IP? Click here to learn more about IP transactions, and here for IP litigation.

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Mediation

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We focus our mediation services on IP matters using a confidential dispute resolution system developed over the past 25 years. The system focuses parties and counsel on identifying realistic boundaries and values of IP rights in dispute, acknowledging the strengths and weaknesses of respective positions, and guarding the confidential mediation process against influences that unnecessarily distract, complicate and potentially derail resolution of the uncertainties, risks and costs of continued litigation. When cases are appropriate for settlement or narrowing of issues, we work with parties and counsel to reduce agreements to writing the same day, whenever possible. Click here to learn more about mediation.

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Collaboration

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Collaboration is critical to understanding the appropriate boundaries of intellectual property rights and navigating around these boundaries to achieve the business goals and interests in play. It takes a village to raise a child. Similarly, IP can be like raising a child – an idea that is birthed, an invention that is built, a brand that is launched, a new software application that is implemented. Collaboration with seasoned, objective counsel can make all the difference in solidifying your strategy and confirming you are on budget whether you are protecting and enforcing your own IP rights or defending against someone else’s. Click here to learn more about our collaboration services.

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