Kelley Drye lawyers do much more than protect intellectual property rights: we help our clients devise business strategies that build profits, strengthen brands, and shape market-leading products and services.
First and foremost, we are a group comprised of tenacious trial attorneys with the skills and experience necessary to checkmate competitors who seek advantage by infringing upon our clients' rights. We protect our clients against a variety of unfair business tactics that seek to stall their business progress or exact financial damages. This litigation experience informs all aspects of our support to clients, whether we are formulating a patent strategy for a start-up, securing trademarks for a growing business, or evaluating a complex technology acquisition for a Fortune 500 company.
Kelley Drye is working at the cutting edge of issues and cases most relevant to the IP bar today. We brought an action in 2007 on behalf of an independent inventor and secured a highly-publicized ruling that voided new rules published by the U.S. Patent and Trademark Office (USPTO), which would have limited the number of patent claims and continuations in an application. We successfully defended long-time client Bacardi & Company Limited in a closely watched trial, and subsequent appeal, against claims brought by a joint venture owned by the Castro regime and the French liquor giant, Pernod-Ricard, S.A., involving the Havana Club trademark that had been seized by the Cuban government.
Clients benefit from our team approach to service. We draw upon our attorneys' IP experience in a range of industries – from pharmaceuticals and dietary supplements, to telecommunications and software, to entertainment and publishing, to financial and information services – in order to deliver timely, effective and cost-efficient legal services.
We ensure that the same lawyers who counsel a client on securing intellectual property rights are part of the team that enforces those rights in the event of litigation. Our team bridges geographic boundaries and legal disciplines in the areas of:
Our clients look to us to litigate a wide variety of patent, trademark, copyright and unfair competition disputes in state and federal courts and before the USPTO. In addition, we draw upon our legal offices or affiliates in Europe and Asia to resolve clients' multinational fraud, counterfeiting and trade diversion problems. Clients count on us to protect their IP rights fiercely and, whenever possible, to recover damages and the expense of enforcement from their adversaries.
Our litigation experience informs the way we prepare and prosecute patent applications, allowing us to fine-tune statements and specifications to profoundly impact the scope of claims. Clients appreciate working with attorneys and patent agents who have backgrounds in the pharmaceutical, biotech, electrical, mechanical and chemical arenas. All of our patent professionals have significant experience in industry or academia, possess advanced degrees in technology fields, and are veteran scientists and engineers.
Because of their extensive technical and legal experience, our patent lawyers and technical professionals can handle a full range of intellectual property matters:
- Patent litigation in all the technological arts including: pharmaceutical (in particular actions under the Hatch-Waxman statutes), chemical, electronic software, mechanical, nanotechnology, and business methods.
- Patentability, validity, non-infringement, and right-to-use/clearance opinions
- Preparation and prosecution of U.S. and foreign patents
- Patent reissues, re-examinations and interferences
- Patent and technology licensing
- Strategic counseling including: alternative resolutions to litigation settlement options infringement avoidance
- Appeals in the Federal Circuit Court of Appeals
- Corporate mergers and acquisitions, joint venture, co-marketing and investment due diligence (patents, copyrights, trademarks, advertising compliance, domain names, internet web page compliance).
A unique advantage of our team is that the team members have significant prosecution and licensing experience. We believe our extensive knowledge of patent application preparation and prosecution and Patent Office procedures, and our extensive litigation experience before nearly every court in the land, gives us a leg up on our competition in the litigation arena.
We manage the trademark portfolios of Fortune 500 companies and other corporations worldwide and are well-versed in the intricacies of counseling and prosecuting in virtually all foreign jurisdiction of note. We have extensive experience in trademark acquisition and licensing, and disputes in front of the Trademark Trial and Appeal Board (TTAB) and the courts. The firm's copyright professionals share this blend of litigation and registration experience, providing clients with copyright strategies, drafting agreements and litigating numerous copyright cases.
We manage the complex IP dimensions of clients' acquisitions, dispositions, structured financings and restructurings. Money center banks, major investment banking firms, other law firms, and insurance companies rely on our counsel to realize the most value from their IP holdings. Additionally, when antitrust investigations or litigation come into play, we clarify the IP-related factors that lead to faster resolution and restored client momentum – anywhere in the world.
Our clients for many years have relied upon Kelley Drye for counseling, transactions, and litigation in the e-commerce arena. We represent clients in such emerging Internet matters as behavioral targeting networks, search engine advertising and social networking. We understand the fast-developing technologies underlying the new media outlets available to our clients, and recognize the role these properties can play in our clients' IP portfolios.
Our attorneys, several of whom have in-house experience, successfully partner with our clients to build equity in their brands. Kelley Drye attorneys routinely work on-site with our clients to inform the decisions being made by business units. We appreciate the marketplace realities facing our clients, and deliver timely advice to bring new products and services to market.
We are fortunate to work in concert with Kelley Drye's Advertising and Marketing Law Practice Group. Our advertising attorneys have unparalleled substantive experience in the areas of advertising litigation, promotions, marketing, and privacy and data security law. Clients directly benefit from our Firm's coordinated efforts in this area, as we help minimize advertising and privacy risks associated with marketing.
Our transnational practice gives clients a unique advantage as they strive to compete in increasingly global markets. We mobilize lawyers worldwide to understand the legal and cultural nuances that allow clients to build their brands and business, and defend their IP against any competitive threats or malfeasance, anywhere in the world.
For further information about Kelley Drye's Intellectual Property & Technology Practice Group, please contact:
William R. Golden Jr.
(212) 808-7992
wgolden@kelleydrye.com
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