Find Lawyers in Miami, Florida for Litigation - Intellectual Property
Practice Area Overview
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.
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James A. Gale focuses his practice in the area of intellectual property counseling and litigation. He is a registered patent attorney with over 33 years of experience and Martindale AV Preeminent© rated, Board Certified in Intellectual Property by the Florida Bar, an AAA Arbitrator and the former inaugural chair of the IP Board Certification Committee. Jim has represented clients in hundreds of cases involving patents, trademarks, copyrights, unfair competition, covenants not to compete,...
Shareholder, Registered Patent Attorney Nationally recognized as one of Florida’s go-to intellectual property litigation specialists, Robert Thornburg has developed a reputation over the last 15 years in bet-your-business patent, copyright, trademark, trade secret and technology focused litigations on behalf of both international and Florida based businesses. Registered to practice before the United States Patent & Trademark Office, Robert is a Miami Patent Attorney who has filed so...
Nicholas Nash is an associate concentrating his practice in commercial litigation, employment litigation, intellectual property litigation, business law, and advising clients in transactional matters. Prior to joining Cole, Scott & Kissane, Mr. Nash worked as an associate at a boutique litigation firm located in Downtown Miami where he represented businesses and individuals in civil and commercial matters including business-corporate disputes, contractual disputes, shareholder disputes, f...
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