Find Lawyers in Greenville, South Carolina 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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Bryan Hickey, a shareholder and intellectual property attorney in Haynsworth Sinkler Boyd's Greenville office, blends a background of law and engineering to help domestic and international businesses and individuals acquire and use intellectual property, engineering and technology assets and resolve complex disputes. He assists in brand and trademark matters, internet business, intellectual property in mergers, acquisitions and company name and brand changes, technology litigation and arbitra...
Neil Jones is a partner of Nelson Mullins Riley & Scarborough LLP and a team leader in the firm’s Intellectual Property Law and Litigation Group. Mr. Jones practices patent, trademark and copyright law and related litigation to enforce or protect such rights. With counseling experience in intellectual property matters, Mr. Jones also renders patent infringement and validity opinions, assists clients with the development and valuation of their intellectual property, and negotiates in...
Wallace is an experienced trial and appellate attorney, with over 60 jury trials in state and federal courts throughout the Southeast, and approximately 100 bench trials, jury trials, and arbitration trials, as well as numerous appeals in the South Carolina appellate courts and the United States Courts of Appeals for the First, Fourth, Sixth, and Eleventh Circuits. His practice involves complex securities, corporate, and intellectual property cases, as well as news media and First Amendment d...
Sam Mabry is an experienced litigator and shareholder in Haynsworth Sinkler Boyd's Greenville office. Sam defends clients in class actions, business, commercial and financial services litigation and products liability actions involving drugs and medical devices. Sam has also handled employment contract disputes and patent and trade secret litigation.
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