Intellectual and Patent Law


We counsel clients in every aspect of patent law, including:

  • preparation and prosecution of US and non-US patent applications
  • Complex patent law prosecution matters, such as interferences, reexaminations and reissues
  • Rendering opinions on patentability, infringement and validity of patents
  • Due diligence
  • Licensing and other transactional work

Patent Preparation and Prosecution

Our registered patent attorneys and patent agent are engineers with nearly 100 years of combined patent prosecution experience, as well as technical experience in a broad range of areas, including:

  • Electronics

  • Software/firmware

  • Controls

  • Communications

  • DSPs

  • Semiconductors

  • E-commerce

  • Compressor technology

  • Hydrostatic transmissions

  • Power tools

  • Medical devices

  • Vapor recovery systems

Opinions and Product Clearance

Our registered patent attorneys and patent agent examine products, both existing and in the design phase, to identify potential IP-related concerns. Our opinions are prepared to assist clients with decisions related to product design, release and marketing. We are committed to preparing our clients to design and market their products while avoiding future IP disputes.


We assist with the selection and registration of trademarks, service marks and trade names. Our IP attorneys are experienced in the following areas related to trademark rights:

  • Analyzing results of mark and name searches

  • Filing and prosecuting federal, state and foreign applications for trademark and service mark registration

  • Monitoring and policing adverse use or registration

We represent clients in:

  • Opposition and cancellation proceedings
  • Administrative and judicial appeals of adverse decisions
  • Transfers of ownership in trademarks
  • Acquisition of trademark rights
  • Negotiation of license agreements

While the Internet and electronic communication has facilitated trademark searches, the potential for trademark infringement remains an issue faced by small and medium-sized businesses. We conduct domestic and international trademark searches to prevent infringement and problems related to similarity of design.

In situations where a company already has a registered trademark, conducting a search may protect a logo or design from the unintentional appropriation by others of elements similar in nature. When infringement is evident, we have the resources to take immediate and appropriate action to protect our clients’ rights.

Copyright and Domain Names

We advise clients on a wide range of copyright questions, including:

  • Copyright ownership

  • Notice

  • Registration

  • Transfer and licensing

  • Fair use of copyrighted material

Copyright matters pertain to traditional artistic works, compilations, package designs, the look and feel of computer software, computer-generated video displays and include advice to both authors and users of software on the scope of protection under federal copyright law, as well as trade secret law. Our IP team has extensive experience in researching, acquiring and negotiating the purchase of domain names and removing entities squatting or otherwise improperly interfering with the proper use of domain names.

Trade Secrets And Trade Dress

Many companies rely on trade secret or trade dress (TD/TS) as critical components to maintain a competitive advantage. We help our clients navigate the numerous challenges presented by TD/TS, unfair competition and deceptive trade practices and provide counsel on:

  • Establishment, maintenance and safeguarding of trade secrets
  • The effective use of confidentiality, nondisclosure/non-use and no-compete provisions
  • Employee agreements
  • IP license agreements


Our team handles a broad range of IP litigation and enforcement matters involving patents, trademarks, copyrights, domain names, misappropriation of trade secrets, trade dress and antitrust actions in federal and state courts. Our attorneys are accomplished at obtaining favorable settlements and seeing matters through to trial verdicts and have extensive experience pursuing injunctive relief, summary judgment, Markman Hearings, and bench and jury trials.

Transactions – Mergers & Acquisitions, Licensing, IP Audit and Due Diligence Review

An important component in mergers and acquisitions is the due diligence review of a company’s intellectual property portfolio. We conduct thorough  reviews of a potential acquisition’s patents, trademarks, copyrights, litigation, licensing agreements, employee agreements and other business conduct which can affect asset value and purchase price. Our experienced IP attorneys conduct audits of IP assets for a wide range of business purposes, including strategic planning, and handle transactional matters, including:

  • Asset transfers

  • Due diligence

  • Licensing

Intellectual Property Team

Kevin T. Duncan
Team Lead