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Intellectual Property

Intellectual Property

LEADERSHIP: William D. Belanger and Raymond A. Miller

Pepper Hamilton LLP’s Intellectual Property Department helps our clients protect and commercialize their intellectual property assets while minimizing the risk of liability. 

We assist companies with the full gamut of intellectual property matters, including patents, copyrights, trademarks, trade secret protection, unfair competition, privacy, and technology-related transactions. We also recognize that IP is a vital part of any company’s asset portfolio, and, when conflicts arise, we work to efficiently resolve disputes through litigation or alternative methods.

In the field of patents, we prepare, file and prosecute applications involving a wide range of our clients’ technologies, and we regularly negotiate and prepare technology-intense agreements, ranging from material transfer to supply or asset purchase agreements. We also conduct interference proceedings before the U.S. Patent and Trademark Office, analyze patent infringement and validity issues, and conduct property audits and due diligence analyses.  Our team is experienced and capable in all forms of patent litigation, including patent disputes in federal district courts (including in all districts with special patent case rules or high volumes of patent litigation), patent litigation before the International Trade Commission,  and in inter partes review and other post-grant proceedings before the Patent Trial and Appeal Board (PTAB).  In fact, Docket Navigator recently ranked Pepper as one of the top 25 firms both in PTAB matters and in federal district court patent litigation.

Our lawyers also assist clients with obtaining trademarks and copyrights, performing searches and rendering viability opinions. We file hundreds of applications each year and monitor thousands of domestic- and foreign-registered trademarks. Our clients — who include composers, authors, software developers and publishers — often turn to us to help protect their copyrighted works from unauthorized copying, distribution and performance.

Pepper’s Intellectual Property Department also has experience in preparing domestic and international trade secret licenses and crafting corporate confidentiality, security and noncompetition programs. When needed, we work with clients to enforce these protections in many fields, including computer software design, petrochemical product formulae and retail customer list protections.

We also assist companies with technology transfer and licensing issues. Our clients include universities and research institutions that develop and license technology to industry as well as start-ups that license technology from university incubators in order to develop and commercialize that technology. We also provide counsel on the funding side, helping our clients obtain debt or equity financing and advising venture capital funds that target technology-based companies.

As a truly global practice, our IP experience extends beyond the United States. We structure, draft and negotiate agreements between both domestic companies and domestic companies and their foreign counterparts, including technology-arrangements in countries throughout Europe, the Middle East, Asia, and Latin America.