Litigation and Licensing
Holland & Knight’s Intellectual Property (IP) Practice features a Litigation and Licensing Team that handles a full range of intellectual property litigation, including licensing disputes; copyright, trademark and patent infringement; and counterfeiting and diversion matters.
Fully Equipped to Handle Your Licensing Needs
Inbound and outbound licensing of intellectual property can serve as a significant source of revenue or a critical way to expand your intellectual property and product base. Whether you are a small company, an emerging entity or a global industry leader, licensing of your intellectual property can provide an important income stream and a means to leveraging the value of your technology and innovations.
Our Litigation and Licensing Team understands the significant advantages that an intellectual property license can offer. We deliver a combination of business and legal capabilities to intellectual property licensing matters, allowing us to anticipate future issues and fully protect your business for years to come. Our team is well-equipped to handle all aspects of your licensing needs. In fact, we participated in the case law that has formed the foundation of modern theories on infringement compensation.
Representing a broad range of clients in all types of industries, we apply our integrated skill sets to enhance the value of our clients’ intellectual property through protective licensing agreements. We have drafted patent, trade secret and trademark agreements for use in national and international marketing arrangements and have provided consulting services to our clients for interpreting license agreements drafted by other attorneys. In each instance, we craft the agreement with an understanding of and a focus on the client’s unique business needs. Utilizing our extensive experience in sophisticated intellectual property transfer and licensing transactions, we can help you achieve your business goals.
Prepared to Address All Aspects of IP Protection
Our Litigation and Licensing Team is experienced in key technical disciplines and includes patent attorneys, trademark attorneys, copyright attorneys and litigators to assure that all aspects of IP protection are addressed. This background enables us to fully grasp the significance of your intellectual property and advise you on the best ways to enhance its value.
Our team has extensive experience drafting the following agreements:
- software licenses and development agreements
- Internet and domain name use and licensing agreements
- support and maintenance agreements
- source code escrow agreements
- hardware leasing and purchase agreements
- computer service and outsourcing agreements
- biotechnology licenses
- OEM agreements
- pharmaceuticals co-development and licensing agreements
- dealership agreements
- vendor distribution forms
- manufacturer’s representative agreements
- secured transactions and intellectual property licenses and assignments
- patent, copyright, trade secret and trademark agreements for use both nationally and internationally
In addition to negotiating and drafting licensing agreements, we have the international experience, connections and coverage to enforce your agreements worldwide.
From designing domestic and international off-line and online distribution frameworks to supporting contracts for various types of software and media products and services, our licensing attorneys leverage our core industry experience with that of related practice areas, including Media, Communications and Entertainment, Computer Law, E-Commerce and Technology and Emerging Companies.
Protecting Your Intellectual Property Rights Through Litigation
Our team has significant experience litigating complex patent, trademark, copyright, trade secret and unfair competition disputes. In addition, we handle litigation involving the unauthorized making, using, offering for sale, or selling of patent, trademark and copyright protected inventions. We are also involved in defending infringement actions. Team members regularly appear before the U.S. Patent and Trademark Office (USPTO) and its Trademark Trial and Appeal Board (TTAB), the U.S. International Trade Commission, federal district courts, the U.S. Court of Appeals for the Federal Circuit, state courts and international tribunals.
We have extensive experience trying a wide variety of matters, from “bet the company” litigation to small licensure enforcement cases, from complex metatagging and trade dress actions to more commonplace word-mark matters. Regardless of the size of the matter, we have the technical and courtroom capabilities necessary to provide our clients with the highest possible quality representation. We are recognized for our ability to present complex technologies and complicated legal issues in a way that can readily be understood by a judge and jury.
Our team includes an investigative unit that collaborates with outside resources, including language experts, industry professionals, computer forensics specialists and survey firms, to provide you with comprehensive litigation support services. This group regularly assists clients in seeking ex parte seizures, customs remedies and preliminary injunctions and interfaces with law enforcement in prosecutions of intellectual property crimes.
Industry Leaders
Many of our litigators are prominent members of the intellectual property bar and are widely recognized as industry leaders in intellectual property circles. We regularly participate and lecture in programs sponsored by a variety of organizations including the Intellectual Property Section of the American Bar Association, the American Intellectual Property Law Association, the Intellectual Property Owners Association and the International Trademark.
Team Approach
Holland & Knight works as an integrated team. Regardless of your location, we will find the best intellectual property attorneys within the firm to fit your needs and will staff your matter accordingly. If litigation is needed to accomplish your objectives, we can quickly assemble a litigation team staffed with skilled practitioners who are familiar with the subject matter. This staffing method enables us to respond at a moment’s notice whenever and wherever your needs arise.