Sometimes our clients are wrongfully accused of infringing on another person's or entity's intellectual property rights. Our "triple threat" qualifications work as well in a defense posture as they do when prosecuting claims.
The result is that our clients should feel confident in our ability to handle any litigation relating to trade secrets, patents, copyrights, and trademarks.
When our clients' intellectual property rights have been violated, our intellectual property litigators are here to help. With Berliner Cohen's business litigation practice having served our clients well for more than 45 years, our IP litigators pose a "triple threat" that makes us uniquely qualified to address the IP litigation needs of our clients: #1 - We have substantial trial experience that pressures our opponents with the knowledge that we are eager to do battle in the courtroom if necessary. #2 - We have a thorough understanding of the nuances and sometimes-esoteric requirements of IP litigation not present in garden variety commercial disputes, which can be used both as a sword and a shield to our clients' advantage. #3 - Our technical backgrounds help us better understand the technology to which our clients' intellectual property relates.
Trade secrets consist of information that derives economic value from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use. But in order to be entitled to protection, the owner of the trade secrets must make reasonable efforts under the circumstances to maintain their secrecy.
We work with clients to help them identify their trade secrets. Based on our trade secrets litigation experience, we are well-positioned to help our clients understand which secrecy efforts are likely to be deemed by a court to be "reasonable under the circumstances."
During trade secrets litigation, our extensive experience helps us to aggressively and successfully represent our clients, whether on the plaintiff's side or on defense.
More than half of all patents are invalidated when challenged. For this reason, we do not believe that our clients should quickly acquiesce when presented with a patent infringement claim. We have expertise in defeating patent litigation claims before they are ever filed in court. And if a patent infringement claim is filed, our clients find our rates far more affordable than those of many other firms specializing in patent litigation. We can prosecute patent infringement claims when another entity infringes our clients' patents.
We advise and assist clients in enforcing their copyrights, and in defending against claims of copyright infringement. We have substantial copyright experience in the software, database, and Internet contexts.
Our attorneys counsel clients regarding represent clients in inter partesproceedings before the Trademark Trial Appeals Board; advise clients regarding the use, protection and maintenance of marks; and handle domain name disputes.
Representative Matters and Cases