New York City Intellectual Property Litigation Attorney
At Grant Attorneys at Law, everything we do is based on a deep understanding of our clients’ needs and goals. We strive to fully understand our clients’ products/services as well as their wider business objectives, before developing an intellectual property litigation strategy that is tailored to achieving their goals.
We represent clients on both the enforcement and defense side in various aspects of intellectual property litigation, including trademark litigation, ITC/Section 337 disputes and investigations, UDRP proceedings, copyright litigation, patent litigation, and trade secret disputes.
Our goal is to help your business maximize its investment in intellectual property and minimize exposure to third-party threats.
IP litigation can be complex and challenging, requiring specialized knowledge and experience in both intellectual property law and federal rules.
The Phases of
Intellectual Property Litigation
There are generally 6 phases in any intellectual property litigation matter. These include:
- Pre-suit fact gathering and research. Intellectual property litigation matters usually begin with a fact-gathering and investigation stage. This is a pivotal phase in any IP litigation matter. During this phase, our IP litigation attorneys analyze the strengths and weaknesses of our clients’ claims and provide them with an enforcement or defense plan that aligns with their goals.
- Pleadings. The pleadings phase involves the aggrieved party (plaintiff) commencing a lawsuit by filing a complaint and summons with the appropriate court and serving copies of these documents on the party being sued (defendant). The defendant must respond to the complaint by the required deadline by submitting an answer or a motion with the court.
- Discovery. During the discovery phase, the parties request information, documents, and deposition testimony from each other, and from third-party witnesses, that they believe may help support their case.
- Motions. The parties have the option to submit motions to the court asking the judge to make a ruling on a legal issue or a discovery issue.
- Trial. At trial, each side presents their case to a judge or jury and an order of judgment is issued.
- Appeals. If a party believes there are legal grounds to challenge a decision of the judge or jury, it may file an appeal to a higher court.
How Our IP Litigation Attorneys Can Help
Copyright Litigation
Patent Litigation
Our Patent Litigation attorneys represent clients in Federal or State court or before the United States Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB).
The Patent Trial and Appeal Board (PTAB) is an administrative tribunal in the United States responsible for handling certain disputes related to patents. The PTAB handles proceedings to review the validity of existing patents and challenge the validity of newly issued patents. The four types of PTAB proceedings are: (1) inter partes review (“IPR”); (2) covered business method review (“CBM or CBMR”); (3) post-grant review (“PGR”); and (4) derivations
In Federal and State court litigation matters, a plaintiff can seek both monetary and injunctive relief. No monetary relief is granted in Patent Trial and Appeal Board proceedings (PTAB). The result is purely injunctive.
Trademark Litigation
Our Trademark Litigation attorneys represent clients in Federal or State court or before the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB).
The USPTO Trademark Trial and Appeal Board (TTAB) is an administrative tribunal in the United States responsible for handling certain disputes related to trademarks. The TTAB handles trademark opposition proceedings, trademark cancellation proceedings, and trademark appeals.
Trademark Opposition Proceedings: A trademark opposition is a proceeding in which a third party who believes that they may be harmed by the registration of a trademark, seeks to prevent the registration of that trademark.
Trademark Cancellation Proceedings: A trademark cancellation is a proceeding in which a third party who believes that they may be harmed by the continued registration of a trademark, seeks to cancel that existing trademark registration.
Trademark Appeals: A trademark appeal is a proceeding in which a party seeks a review of a decision made by the USPTO examiner.
Licensing Disputes
Trade Secret Disputes
ITC/Section 337 Disputes and Investigations
ITC/Section 337 proceedings are investigations conducted by the United States International Trade Commission (ITC) under Section 337 of the Tariff Act of 1930. Section 337 prohibits the importation into the United States of goods that infringe on a valid U.S. patent, copyright, trademark, or trade secret. The ITC has the authority to issue exclusion orders, which prohibit the importation of infringing goods into the United States.
Our intellectual property attorneys are able to effectively handle all aspects of Section 337 Investigations.
UDRP Proceedings
The Uniform Domain-Name Dispute-Resolution Policy (UDRP), is a policy established by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve disputes related to domain names. The UDRP provides a streamlined and cost-effective process for trademark owners to challenge the registration of a domain name that they believe was registered in bad faith and infringed on their trademark rights. UDRP proceedings can result in the transfer or cancellation of the domain name, and the decisions of the UDRP panels are binding.
Our intellectual property lawyers have experience resolving domain disputes through settlements, UDRP proceedings, as well as litigation.
Federal Court Proceedings
Federal court litigation is a legal process in the United States that involves resolving disputes between parties in federal courts. Federal courts have jurisdiction over cases that involve federal law, constitutional issues, and disputes between parties from different states or countries.
Intellectual property claims that may be brought in federal court include trademark infringement, unfair competition, false advertising and false endorsement claims under the Lanham Act, patent infringement, copyright infringement, trade secret misappropriation, and trade dress infringement.
With a wealth of experience litigating intellectual property law matters in federal courts throughout the nation, we develop unique strategies and techniques for clients to assist them in achieving the best possible outcome.
Work With an NYC Intellectual Property Litigation Attorney
Working with an experienced team of attorneys who can guide you through the process and advocate for your rights during an Intellectual property litigation matter is the first step toward success.
Book a meeting with one of our IP attorneys to discuss your intellectual property infringement matter.
