Find Lawyers in Richmond, Virginia for Litigation - Intellectual Property
Alan Albert is a nationally-honored trial lawyer who has represented clients from Muhammad Ali to multinational corporations in a broad array of commercial disputes, white-collar criminal investigations and prosecutions, intellectual property litigation and other governmental and regulatory matters. Mr. Albert has been recognized in The Best Lawyers in America continuously for the past 20 years, and is one of a small number of lawyers in the country to be recognized by Best Lawyers in six dis...
Hugh Fain has been a litigator and dispute resolver for over thirty years. With broad experience as a civil trial attorney, his practice has focused on commercial and business litigation, including contract disputes, business torts, employment law, intellectual property, construction litigation, and shareholder and partnership disputes. Hugh is licensed in both Texas and Virginia. Hugh is Past President of the Virginia Bar Association and Past President of the Bar Association for the City of ...
Dana McDaniel is an intellectual property and commercial litigator with extensive experience representing clients in matters involving intellectual property issues, including patent infringement, trademark infringement, false advertising, unfair competition, copyright infringement, trade secret misappropriation, licensing disputes and technology contract disputes. Dana has litigated commercial and intellectual property cases in state and federal courts in Virginia and numerous other states an...
About LeClairRyan \ Attorneys Charles M. Sims Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond, Virginia 23219 Phone: 804.343.5091 Fax: 804.783.7655 firstname.lastname@example.org vCard Biography Charles M. Sims is a partner with and heads up LeClairRyan’s Business Litigation Practice. Mr. Sims regularly litigates in federal and state court all manner and types of complex commercial disputes, including claims for officers’ and directors’ liability and p...
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.
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