Ware, Fressola, Maguire & Barber LLP's comprehensive intellectual property law practice includes dispute resolution expertise tailored to each client and the IP rights at issue.
After receiving a patent, the owner may, from time to time, be impelled to enforce the patent, or in other words, exercise the right to exclude others from making or using the patented invention. When a client believes its patent is being infringed, we may correspond with or otherwise contact the suspected infringer, advise them of our client’s patent, ask them to stop making or using the invention, or give us assurance and evidence that they are not infringing the patent. Depending on the response from the alleged infringer, we might file suit and litigate the matter or negotiate and prepare a license to allow the infringer to continue making or using the invention in exchange for a royalty or other consideration. Additionally, we defend our clients against charges of patent infringement.
Similarly, regarding trademarks, after giving notice to another using an impermissible simulant of a client’s mark, we assist our clients in litigation when necessary. Litigation may be called for to protect our client's business good will against the lost sales and damage to reputation that may occur from the simulant’s likely confusing consumers about the source of the goods or services associated with its use.
Likewise, in case of a suspected infringement of a copyright, we contact the suspected infringer to give notice and ask that the putatively infringing activity be stopped. Depending on the response from the alleged infringer, we can either file suit and litigate the matter or negotiate and prepare a license to allow the infringer to continue what would otherwise be an infringing activity in exchange for a royalty or other consideration.
Alternatively, contested proceedings can also arise in the USPTO, such as in challenges to an already-granted patent’s validity, or to the registrability of a mark published for opposition after successful prosecution of the initial application. These proceedings are much like litigation in the courts, and our firm is experienced in these proceedings.
It is preferable to reach a compromise with an adverse user, whereby a curtailment of that entity’s adverse use is put in place to protect the scope of our client’s rights — without incurring the cost and disruption of litigation. So, when it is necessary to resolve a perceived conflict with another’s patent, mark or copyright, we try to negotiate a settlement of the conflict.
We welcome you to contact Ware, Fressola, Maguire & Barber for more information about our IP law practice.