Intellectual Property Law

Prosecution

Patent
The patenting process typically begins with an invention disclosure. That invention can be described on a proverbial cocktail napkin, or disclosed in a white paper, manuscript, or doctoral dissertation. Tully Rinckey’s IP lawyers understand a broad range of technologies, which enables them to efficiently assist clients in determining the best approach to drafting and filing a patent application. Our lawyers’ technical expertise allows them to spend less time on the learning curve trying to understand the technology and more time paying close attention to understanding your company’s particular business needs. To secure broadest coverage, it is important to file the patent application promptly, before any publication, sale or offer for sale, to avoid potential loss of rights, especially internationally. Further, the U.S. patent law awards rights to the “first inventor to file,” so delay incurs risk.

After the application is filed, our attorneys “prosecute” the application—i.e., act on behalf of the applicant, interacting with the patent office and its examiners, seeking to ensure that all requirements are met and the claims are deemed useful, novel and non-obvious, by defending and/or amending the claims—in order to get the patent application allowed. In some cases, the application remains rejected, and Tully Rinckey attorneys will file appeals to the Patent Trial and Appeal Board (PTAB) and before the Court of Appeals for the Federal Circuit if necessary.

Outside the U.S., we work with foreign patent attorneys and agents, who are experts in their respective national law, providing a coordinated effort to obtain international protection.

Tully Rinckey attorneys also work with clients to build patent portfolios with diversified risks to cover the range of their commercial interests and future opportunities, which may include filing a series of patent applications to ensure protection of the disclosed inventions.

Trademark
The trademark process begins with defining a trademark or brand, which represents the “goodwill” of the business—it is a consumer shorthand for associating the product with the business behind the product. The process can begin before first use (i.e., an “intent to use” application) or after use in commerce.

We assist our clients in ensuring that the trademark is protectable and is likely clear from competing claims from third parties, and then file the trademark application with the U.S. Trademark Office, or in some cases, with state governments and foreign countries. We work with the trademark-examining attorneys to obtain allowance of the application and registration, and through appeals to the Trademark Trial and Appeal Board, as may be necessary. Tully Rinckey attorneys also assist clients in trademark maintenance, and will assist clients who seek to oppose or cancel trademark applications or registrations of others.

We also work with online entrepreneurs seeking to protect their rights on the internet. Our lawyers can assist with takedowns, domain name registrations, and responding to and sending cease & desist letters.

Tully Rinckey is pleased to offer an IP needs assessment to determine whether your key corporate assets are adequately protected. Strategic management, aggressive defense and enforcement of intellectual property rights, and risk assessment are vital to protecting and strengthening your business interests. Intellectual property matters may be time-sensitive. Contact our featured attorneys today to protect and enforce your rights.

To schedule an initial consultation regarding prosecution or defense of intellectual property infringement, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com

Litigation

Tully Rinckey PLLC’s global litigation practice has a proven record of advocating for its clients. We have a long history of representing entities from all technical backgrounds, from individual inventors to Fortune 50 corporations.

Tully Rinckey recognizes that the purpose of litigation is to achieve a client’s specific goals. We uniquely design every case strategy with those goals in mind. If we can best serve a client’s goals by resolving disputes before trial, we will do so. Our attorneys have appeared in district courts throughout the United States and practiced before the International Trade Commission (ITC) to enforce and defend an array of intellectual property claims for clients.

The firm is client-centered and delivers high-quality, cost-effective and efficient legal services. For each case, we provide a quarterly budget on which our clients can rely. Tully Rinckey Intellectual Property Services (TRIPS^TM) is a new service that enables us to achieve our clients’ goals while keeping them informed at all stages of litigation. We have experience in litigating patents, trademark, copyright, trade secret, unfair competition, and related state law claims before state and federal courts, at both trial and appellate level.

District Court

Tully Rinckey attorneys practice in Federal Courts throughout the United States and are prepared to assist clients in intellectual property litigation “hotspots,” such as the District of Delaware, the Northern District of California, the Eastern District of Texas and the Eastern District of Virginia. Uniquely, Tully Rinckey attorneys are also flexible enough to work with co-counsel to expand its bench, which allows us to work only with the best attorneys.

Patent Trademark and Appeals Board (PTAB)

At the administrative level, Tully Rinckey attorneys are admitted to practice before the United States Patent and Trademark Office, offering a full range of services to clients which include appeals and inter partes review (IPR).

Trademark Trial and Appeals Board (TTAB)

Tully Rinckey attorneys have experience advocating for their clients in administrative contested matters before the United States Patent and Trademark Office, offering a full range of services to clients which include appeals, opposition proceedings, and cancellation proceedings.

International Trade Commission (ITC)

The International Trade Commission (ITC) addresses intellectual property (IP) disputes of imported goods. For the unwary, the ITC is a forum that presents significant challenges in timing and procedure. The ITC rapidly resolves disputes and with binding authority. For entities acting as a Petitioner to prevent infringing products from entering the United States, or a Respondent with products accused of infringing and under threat of being blocked at the borders, Tully Rinckey attorneys have the experience to help resolve the claims.

Tully Rinckey is pleased to offer an IP needs assessment to determine whether your key corporate assets are adequately protected. Strategic management, aggressive defense and enforcement of intellectual property rights, and risk assessment are vital to protecting and strengthening your business interests. Intellectual property matters may be time sensitive. Contact our featured attorneys today to protect and enforce your rights.

To schedule an initial consultation regarding prosecution or defense of intellectual property infringement, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com

Trade Secrets

Tully Rinckey attorneys advise clients on proven strategies to protect and maximize the value of their trade secrets, and restrictive covenants in independent contractor and employment agreements, and defense against same. Our attorneys help clients protect sensitive business information and new innovations. Prospectively, our attorneys can help to determine that particular information is best protected under trade secret law, and create a comprehensive plan to ensure that sensitive business information remains legally protected as a trade secret. Guarding your trade secrets against loss or theft is our highest priority. Tully Rinckey attorneys can help with the following:

• establish policies, documents, and agreement formats that ensure protection of confidential information
• identify, map, and develop trade secrets;
• determine whether proprietary information is best protected under patent, trade secret, or other intellectual property law;
• advise on best practices to maintain the integrity and secrecy of trade secrets;
• design and implement plans, procedures, and policies (including cybersecurity) to protect against the misappropriation or loss of trade secrets; and
• advise on the strategic management, licensing, and value of IP portfolios.

Tully Rinckey is pleased to offer an IP needs assessment to determine whether your key corporate assets are adequately protected. Strategic management, aggressive defense and enforcement of intellectual property rights, and risk assessment are vital to protecting and strengthening your business interests. Intellectual property matters may be time sensitive. Contact our featured attorneys today to protect and enforce your rights.

To schedule an initial consultation regarding prosecution or defense of intellectual property infringement, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com

Tully Rinckey Intellectual Property Services (TRIPS^TM)

Tully Rinckey Intellectual Property Services (TRIPS^TM) is a firm-wide, comprehensive, and proven system for achieving an entity’s intellectual property goals at an affordable price point. We work with you from the beginning to develop a plan uniquely suited to your specific needs and objectives. From there, we advise on the implementation of a strategy that will achieve your objectives. As a client-centered firm, we ensure those goals are achieved efficiently and cost-effectively.

IP Audits

TRIPS^TM team will first perform an intellectual property audit in an initial stage of representation. When performing an IP audit, Tully Rinckey attorneys will assess the existence and nature of the intellectual property, its state of protection, and related risks and opportunities. Upon understanding the broad issues, we can then determine and establish goals, procedures, and strategies for your intellectual property portfolio. We can also help assess your intellectual property and IPO-related business risk, prepare a licensing strategy, assist with due diligence, prepare litigation strategy as appropriate, and assist with risk mitigation.

Licensing

Intellectual property provides a basis and opportunity to license rights to or from third parties. Tully Rinckey has experience in assisting clients with IP licensing deals from the smallest to largest, supporting the goals of IP monetization for the licensor, and broad commercial adoption by the licensee. The TRIPS^TM team can help formulate a licensing strategy, prepare, negotiate and enforce the underlying agreements.

Non-Disclosure Agreements (NDA)

To maintain a competitive advantage in your business, Tully Rinckey attorneys can prepare a Non-Disclosure Agreement (NDA) to protect your proprietary information. An NDA helps protect your confidential information and allows you to conduct business assured that your confidential information is protected. We advise our clients to obtain NDAs before sharing any confidential information, so all parties understand the scope of their duties and privileges. The TRIPS^TM team will prepare the required agreements.

Tax Optimization of IP assets

From a domestic and international tax perspective, the TRIPS^TM team will help determine the best approach to protecting intellectual property assets. Our attorneys regularly advise small companies, entrepreneurs seeking VC financing, entrepreneurs preparing for an initial public offering (IPO), and mid-cap companies on how to structure their initial holdings, their seed companies, their growth holding companies, and their exit strategies for optimal tax consequences.

Tully Rinckey is pleased to offer an IP needs assessment to determine whether your key corporate assets are adequately protected. Strategic management, aggressive defense and enforcement of intellectual property rights and risk assessment are vital to protecting and strengthening your business interests. Intellectual property matters may be time sensitive. Contact our patent law attorneys today to protect and enforce your rights.

To schedule an initial consultation regarding prosecution or defense of intellectual property infringement, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com

Various software tools, such as BitTorrent and other distributed file-sharing systems, make it easier than ever to transfer and download music, movies, or other forms of entertainment and original works. Yet, whether unintentional or deliberate, downloading, distributing or file-sharing copyrighted movies, music and other materials without paying for them is illegal and, in many cases, can lead to serious consequences, including civil and/or criminal penalties. An individual or business held responsible for copyright infringement may be liable for the copyright owner’s damages and any profits obtained from the infringement. A copyright owner can obtain between $750 – $30,000 per infringement, and if the infringement is deemed willful, up to $150,000 per infringement. Repeat copyright offenders can also face a maximum of 10 years in prison, a $250,000 fine, or both.

Many production companies utilize software or hire investigators to detect and monitor copyright infringement of their works and these companies take legal action when alerted to any infringing downloading activity. Copyright infringement is a serious matter and, in response to such alleged infringement, copyright owners may file a lawsuit in district court alleging copyright infringement. To the extent that information is downloaded from the Internet, those lawsuits are typically filed against an unknown party, John or Jane Doe, along with an Internet protocol address. The IP address, however, only provides the location at which the infringing downloading activity occurred. The copyright owner then subpoenas the Internet service provider (ISP) to disclose the name of the customer assigned the accused IP address.  It is then the ISP’s responsibility to 1) notify the individual or business whose account is assigned to the accused IP address, and 2) inform the individual or business that they may object to the disclosure of their private contact information within a certain period of time.

In many cases, the accused infringers are caught completely off guard by the allegations, and may have been unaware someone was using their IP address, or worse yet, did not know their ISP account had been hacked. At this stage, your options are limited whether to: ignore, defend or fight the lawsuit.  Regardless of whether the copyright infringement was intentional or unintentional, immediately seeking the assistance of a knowledgeable intellectual property attorney may increase the chances of a positive resolution to the matter. An ISP cannot provide legal representation for its customers or object to any subpoenas or court orders on their customers’ behalf.

To schedule an initial consultation with a Tully Rinckey attorney regarding a copyright infringement matter, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com.