Intellectual Property & Technology

Practice Area

Intellectual Property & Technology

The Intellectual Property and Technology practice at Lewis Brisbois is a leader in the acquisition, defense and protection of intellectual property rights. Our attorneys are authors and lecturers and are experienced in all aspects of intellectual property including patent, copyright, trademark, trade dress, unfair competition, economic, licensing, franchising and rights acquisition. Our primary focus is the cost-effective and aggressive management of our clients’ challenges.

With attorneys across 26 states and 40 offices, Lewis Brisbois is there for our clients when and where they need us. Our Intellectual Property and Technology Practice attorneys, many of whom hold technical degrees in engineering and the sciences, practice in the areas of patent, trademark, copyright, privacy and security, trade secrets, entertainment, advertising, promotions, sweepstakes and contests. 

Our reach is both local and global. Our attorneys are strategically located across the United States to ensure that no matter where a matter arises – we are there. Moreover, the Group has developed trusted relationships with foreign associates across the globe to help our clients navigate foreign filings and proceedings relating to all aspects of intellectual property. 

Our attorneys help clients navigate the intersection between science, technology, and the law. We represent multi-national corporations to cutting-edge start-up companies in numerous industries around the globe. 

We are there for our clients when and where they need us.

IP Litigation & Enforcement
Working with Lewis Brisbois means working with litigators whose practices are focused on IP, and who are selected for your case because they know your industry, your technology and the courts. We protect our clients’ intellectual property assets in federal and state courts as well as before the U.S. Patent and Trademark Office, the International Trade Commission, the Trademark Trial and Appeal Board, and in foreign countries.

We have a proven record of success in obtaining temporary restraining orders, injunctions, and seizure orders in cases where every hour is crucial to the client’s bottom line. Moreover, our strategies often result in early settlement and less costly outcomes. Importantly, the team you hire is the team that will handle your case from the first meeting to the final disposition. 

Patent Counseling & Prosecution
Our patent professionals prepare domestic and international patent applications and provide written opinions on the infringement and validity of patents related to various technologies, including chemical, electrical, mechanical, software and business methodologies. Our attorneys are well-versed in responding to examiners’ rejections and objections, appealing to the Board of Patent Appeals and Interferences or the Court of Appeals for the Federal Circuit and representing clients in reissue and reexamination proceedings.

Trademark Counseling, Clearance & Registration
Our trademark attorneys counsel multinational, midsize and startups in all stages of the trademark protection process, including selecting, registering and policing trademarks. Specifically, our attorneys review preliminary and full search reports and provide written clearance opinions to our clients. Our experience also extends to managing and expanding domestic and foreign trademark portfolios. We have cleared, registered and managed thousands of domestic and international trademarks. Moreover, we have assisted clients in implementing effective domain name registration strategies and have efficiently and successfully resolved domain name disputes in federal court and arbitration proceedings, including before the World Intellectual Property Organization (WIPO) and the National Arbitration Forum (NAF). 

Copyright Counseling & Registration
Our attorneys regularly counsel clients about the benefits of obtaining copyright registrations. Our attorneys are well versed in the registration process, which can be somewhat nuanced and complex, to achieve copyright registration while maintaining trade secret protection. We also advise and represent clients regarding copyright and trade secret issues in federal litigation. In addition, we have developed turnkey copyright registration programs and conduct in-house training in order to make the registration process as cost effective as possible.

Trade Secret Protection Programs
For some companies, state trade secret laws have become a preferred form of intellectual property protection, even in cases where the subject matter (i.e., inventions) might otherwise be eligible for patent protection. Our attorneys teach clients how to protect their trade secrets and sensitive business information. This includes conducting trade secret audits, preparing confidentiality agreements, and providing strategies for implementing appropriate internal protection measures.

Privacy & Security Law
In today’s economy, businesses of every size, shape and type store, transmit or process information, which has created a groundswell of laws governing data privacy and security. Our attorneys concentrate on legal issues concerning privacy, data security, traditional and emerging media, consumer protection matters, information technology, and e-commerce. We help design and implement global strategies to collect, use, and protect personal information. We can also conduct privacy audits and establish internal company policies, procedures, and training programs designed to maintain the security of this information. If a security breach occurs, we have a team of attorneys dedicated to the investigation and resolution of security breaches that advise clients on how to best communicate the breach in accordance with the applicable state security breach notification laws. We also prosecute and defend actions involving defamation, misappropriation, disparagement, and litigate matters involving hacking into computer networks and e-mail systems. 

Intellectual Property & Technology Agreements
Our attorneys negotiate and draft trademark, copyright and patent licenses and various technology agreements, including software license agreements, outsourcing agreements, technology transfer agreements and hosting agreements. Our attorneys also regularly draft terms and conditions for Internet websites and help clients devise and implement Internet and extranet business strategies and negotiate and structure Internet-related transactions.

We also draft and negotiate complex technology agreements for clients in numerous industries. Our attorneys are knowledgeable in a wide range of advanced development and integration arrangements, including application programming interfaces (APIs), website and mobile application development, wireless technology and enterprise applications and routinely draft and negotiate cloud computing and SaaS agreements. As part of our analysis, we counsel clients with respect to issues and concerns relating to security, confidentiality, privacy and data protection, including those related to website privacy policies, data breach notification laws, the Health Insurance Portability and Accountability Act (HIPAA), and the Gramm-Leach-Bliley Act. Moreover, we assist our clients in developing open source policies and strategies, and we have participated in comprehensive open source software analyses to assess our clients’ software assets and the assets of potential acquisition targets. 

Franchise Law
Our attorneys practice all facets of Franchise Law, including drafting and negotiating licensing agreements, franchise contracts, transactional negotiations, dispute resolution, e-commerce, regulatory matters, and in navigating the day-to-day relationships between franchisors and franchisees.

Entertainment Law
As the second largest firm in California and the largest in Los Angeles, our attorneys are at the center of the entertainment industry. Our entertainment attorneys focus in the areas of music, motion picture, television, sports, and publishing industries. Our attorneys help to shape and maintain the careers of recording artists, producers, record and publishing companies and executives, managers, production companies, publishers and songwriters in the music sector. We draft and negotiate record, publishing, producer, management, distribution, touring, merchandising, corporate sponsorship, and licensing agreements. We provide legal advice to actors, writers, directors, producers, managers, agents, production, financing and distribution companies, networks and studios in the film, television, cable and interactive media sectors. Moreover, our attorneys are experienced in negotiating complex financing and acquisition transactions across the sports spectrum.

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