Find Lawyers in Montgomery, Alabama for Litigation - Intellectual Property
After serving as a federal law clerk in the Middle District of Alabama for one year, Mr. Bailey began practicing law with the firm in 1980 and has been a shareholder since 1983. Building upon a strong background of product liability and insurance defense, Mr. Bailey's practice has evolved into handling a variety of complex litigation directly for clients who are either self-insured or have control over the selection of defense counsel.Mr. Bailey works closely with corporate counsel and is the...
Litigation - Intellectual Property Definition
IP is protected by specific laws relating to patents, trademarks, copyrights, and trade secrets; these laws acknowledge an innovator’s ownership of his or her novel creation and give that innovator the exclusive right, for a defined period of time, to use and benefit from it.
Litigation of IP matters takes several forms. One involves patents, which cover inventions on designs and products, as well as the processes through which they are manufactured or used. Patent infringement refers to the unauthorized use of a patented invention, at which point litigation can arise. A “Hatch-Waxman” litigation is a particular kind of patent dispute involving generic versus brand pharmaceutical products and processes and infringement of the patent(s) covering these.
Trademarks and copyrights also can be infringed. A trademark can be a symbol, logo, word, sound, color, or name that identifies the source of a product and distinguishes it from that of others. Copyrights protect works of authorship, such as writings, music, and art. Copyrights and trademarks grant holders exclusive rights to use their works, and an unauthorized use can lead to litigation. Trade secrets are information that companies keep secret to give them an advantage over competitors. Misappropriation of trade secrets is a typical litigation scenario when such information is taken without authority.
Licensing disputes can arise that relate to any of these protections. A licensing agreement is essentially a contract between an IP rights owner and an entity authorized to use such rights, usually in exchange for an agreed upon fee or royalty. The extent to which parties do or do not follow the terms of that contract often engenders this type of litigation.
Other kinds of IP litigation can include variations of the above, including trademark dilution, “cybersquatting,” pirated and “knock-off” commercial goods, domain name disputes, domestic and foreign customs seizures, and unfair competition.
IP assets are a valuable foundation of any successful venture, so when unauthorized use occurs, disputes are bound to arise.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison