Intellectual Property – the intangible property rights represented by a company’s patents, copyright, trademarks and trade secrets – are normally among the company’s most valuable assets.
The Intellectual Property and Technology Practice Group (the IP Group) is fully integrated with the Firm’s business law practice, and works with clients in the acquisition, creation, protection and licensing of rights in intellectual property. Working with members of the Firm’s Business & Finance Group, the Group advises clients in connection with such matters as hardware and software contracts, mergers and acquisitions of technology companies, taxation, and the structuring and financing of technology ventures. Members of the Firm’s Litigation Group, in conjunction with the IP Group, handle litigation arising out of intellectual property or technology rights.
Members of our IP Group assist clients in establishing, protecting, and enforcing their trademarks, service marks and trade names. Our services include conducting appropriate searches to determine the availability of marks, advising clients as to the validity of a mark, prosecuting state and federal registration of marks, and negotiating and drafting of licenses and assignments. If disputes arise, our IP Group works with the Firm’s Litigation Group in counseling clients regarding cease-and-desist letters and litigation.
Boylan Code attorneys are experienced in counseling clients regarding a broad variety of works entitled to copyright protection. We work with our clients in determining how best to obtain, maintain, and enforce their rights in works such as computer software, works of art, literary works, maps, music, and images. We assist our clients in entering into licensing, joint venture, assignment, development, distribution, employment, and consulting agreements dealing with copyrightable works.
Our IP Group assists clients with licensing and transfer of patent rights. Boylan Code also has well-established working relationships with highly respected international patent attorneys to assist with patent filings and prosecutions. In addition, we team with patent counsel in both the prosecution and defense of patent infringement actions. In that capacity, we have provided litigation services regarding patents in a variety of new and emerging technologies.
Attorneys in our IP Group advise clients on how to best protect their trade secrets and other confidential and proprietary information. In addition to providing non-competition, non-disclosure, and confidentiality agreements, we also advise clients on developing internal policies to maintain the confidentiality of trade secrets. With the Firm’s Litigation Group, we prosecute and defend claims involving non-competition agreements, unfair competition, and trade secret misappropriation.
We assist clients in implementing appropriate agreements with their employees and contractors who create their intellectual property, including non-competition, non-disclosure, non-solicitation, and invention assignment agreements. In conjunction with our Employment Law Group, we also advise our clients in structuring plans to attract key technical talent through the use of deferred compensation agreements, qualified and non-qualified stock options, and other creative incentive compensation plans.
Licensing and Other Transactions
Boylan Code’s intellectual property attorneys have extensive experience in structuring, negotiating, and drafting licenses and assignments of property protected by patent, trademark, copyright, and trade secret protection. We represent software developers, inventors, distributors, and a variety of other owners, licensors, and licensees of intellectual property in establishing and maintaining business relationships, such as OEM and VAR agreements, sales and distribution agreements, development agreements, and joint venture agreements. Our attorneys are experienced in the intellectual property aspects of merger and acquisition transactions. We are able to draw on our experience as well as that of members of our Business & Finance and Tax Groups to structure and document transactions to meet the objectives of our clients. We advise clients on use and protection of information distributed over the Internet.
Venture Structuring and Financing, Services to Investors in Technology Companies
Members of the IP Group work closely with members of the Business & Finance Group in all aspects of financing of technology companies, from start-up to maturity. Services in this area include not only those services generally provided for the creation and protection of intellectual property, but also the crafting of provisions in investment agreements and related documents to define and protect the interests of the various parties.
Our attorneys also work with members of the Business & Finance Group in assisting investors in technology companies, with analysis of the enterprise, structuring of the investment, and the drafting and negotiation of the documentation for the transaction.
Taxation is often an overlooked aspect of intellectual property. Our IP Group works closely with our Business & Finance Group’s tax attorneys to prepare a tax plan and determine how to minimize tax consequences during the creation, use and licensing or sale of your intellectual property.
Our attorneys will work with you to create an integrated plan for your intellectual property, from drafting contracts, licensing agreements or purchase agreements and reviewing the tax consequences with you. Whether you are a creator, purchaser or seller, our IP Group can help you navigate the complex world of intellectual property taxation.
Intellectual Property Litigation
In the event a dispute regarding intellectual property arises that requires litigation, our firm’s Litigation Group is experienced in both the prosecution and defense of intellectual property claims, including patent, copyright and trademark infringement actions. We also represent clients in trade secret disputes, including violations of confidentiality and non-disclosure agreements, as well as antitrust claims that frequently arise out of such disputes. We treat intellectual property litigation as a complex commercial dispute, which needs to be effectively managed so that the client can continue to conduct its business without interruption while the claim is pending.
Due to the costly nature of litigation, we have developed case analysis and case management practices designed to be responsive to our clients’ business needs, rather than engaging in needlessly contentious and cost prohibitive litigation tactics. We work with our clients to carefully craft the proper litigation strategy to minimize the cost of and disruption to our clients’ business and to work towards a successful resolution consistent with the clients’ needs. Our litigation practice philosophy is result-oriented with an eye towards resolving the intellectual property dispute at the earliest stage of the litigation process so that our clients can make business decisions with reasonable certainty with respect to the disputed property. We aggressively litigate our clients’ interests to both leverage their position to obtain the most favorable settlement posture, and to be thoroughly prepared for trial in the event a court resolution is necessary.