The Firm’s Intellectual Property attorneys represent companies of all sizes in patents, trademark, copyright and trade secret matters, including protection, enforcement, anti-counterfeiting, litigation and a range of transactional work involving intellectual property rights and/or technology. We vigorously defend companies and inventors in litigation and disputes involving IP. Our attorneys have extensive legal and professional training, including advanced degrees in engineering, healthcare, veterinary medicine, medical devices, and emerging technologies.
Our lawyers have worked for major corporations or have been partners in national law firms. Two of our lawyers are registered patent attorneys admitted to practice before the United States Patent and Trademark Office (USPTO). Our team has advanced degrees in the fields of medicine, engineering, and social research which we bring to bear in client matters.
Trademark, Trade Dress, Design Patents, and Brand Management
We advise clients on how best to select, launch, protect and enhance trademarks and service marks in addition to the products and services which they symbolize. We strive to provide cost effective strategies that help our clients compete successfully, distinguish their goods and services in the marketplace and maximize the value of their IP portfolios and their return on investment.
We perform trademark searches and provide opinions on a cost-effective basis, and represent our clients in prosecuting and registering their trademarks, locally and internationally. We provide advice on registration strategies throughout the world. We also review and advise on product packaging and advertisements, fair use and comparative advertising and helps develop private label programs.
Our attorneys possess substantial experience secure trade dress protection of product packaging look-and-feel, as well as securing trade dress or design patent protection for product configurations where appropriate. We also represent clients in enforcing trade dress and design patent rights, which we use to guide our recommendations for protection.
Investigation, Enforcement and Litigation
We represent clients in intellectual property litigation, including trademark, trade dress, and copyright and patent infringement actions; cybersquatting and domain name UDRP actions; trade secret and unfair competition litigation; rights of publicity; licensing and other contractual disputes; enforcement of confidentiality and non-competition agreements and trademark opposition and cancellation proceedings. We leverage experts in mechanical and electrical engineering, life sciences, pharmaceutical and healthcare, computer science, mathematics and other arts and disciplines.
Licensing, Distribution and Technology Transfer
We represent clients in the acquisition, development and exploitation of technology (including software and hardware) and IPR through licensing, distribution, technology transfer and other agreements.
IPR-related Antitrust Advice and Litigation
We counsel our clients regarding the antitrust implications of intellectual property and technology matters and litigate claims where antitrust and patent or other IPR issues are involved.
Representative Matters by Lawyers in the Firm
- Managed trademark portfolio for start-up food company and advised on intellectual property rights and protection.
- Advised major certifying organizations on licensing, enforcement, and liability issues with certification marks.
- Counseled food manufacturer on international trademark portfolio, international and domestic licensing, trade dress and design rights, copyrights and advertising issues.
- Defended generic pharmaceutical manufacturers in an abbreviated new drug application ("ANDA") patent infringement action, including cases consolidated by the Multi-District Litigation Panel, achieving favorable settlements.
- Defended food manufacture in multi-billion-dollar right of publicity suit, achieving dismissal with prejudice, which was affirmed on appeal.
- Represented manufacturer in action for infringement of copyright on packaging and labeling, achieving favorable settlement.
- Defended videographer in dispute with former employer over intellectual property ownership rights, achieving favorable settlement.
- Defending leading international business and technology consulting firm in ongoing AAA arbitration concerning potential subcontractor's allegations that client violated Illinois Trade Secrets Act and Lanham Act when bidding on public contract. (pending)
- Represented former franchisee defendant in non-compete and franchise contract litigation with multistate pizza chain, achieving favorable result.
- Represented market leading composite photography company in Illinois Trade Secrets Act and tortious interference and non-compete lawsuit brought by competitor in Kane County, Illinois; successfully resolved on the eve of preliminary injunction hearing.
- Represented growing computer software training company in trademark dispute, achieving favorable result.
- Represented various musicians in copyright disputes related to current and former musical groups, licensing, and other infringement, achieving favorable result.
- Defended former employees of a computer software and hardware supplies company in a suit alleging trade secret misappropriation, achieving favorable result.
- Counseled musical artists and recording labels as to recording, distribution and licensing agreements, including a licensing agreement for a musical composition which was used in a major television advertising campaign, which launched during the Super Bowl.
- Represented participants in reality television series negotiations and licensing agreements.
- Advised leading manufacturer of computing and mobile phone products regarding IP and antitrust concerns in connection with its launch of its first mobile phone product, including successful negotiations of various licenses of IP from its competitor, including standard’s essential patents.
- Advised manufacturer of office equipment regarding patent invalidity basis for antitrust claim.
- Advised consumer products manufacturers and distributor of electronic products regarding extent to which patent licenses provided defense to antitrust claims for restrictive practices.
- Advised leading manufacturer of food products and consumer goods on ability to agree to industry technical standards and role of standards-essential patents.
- Advised household products manufacturer on enforceability of anticompetitive field of use restrictions in patent licenses.
- Advised several food and consumer companies on ability to use price restrictions in patent licenses.