Counseling + Strategic Insight

Now more than ever, profitability depends on the depth and quality of a company’s intellectual capital. Companies are voraciously investing in intellectual property as they realize its critical role in building sustainable competitive advantage.  

And while effective protection and enforcement are crucial to building patent portfolios, today’s economy requires more sophisticated patent strategies for long-term commercial success. As a full-service intellectual property firm, we are experts not just in patent prosecution, but in all possible strategies for maximizing the full potential of intellectual property. We were recognized for our strategic IP insight when we were named a “2013 Go-To Law Firm for the Top 500 Companies” by American Lawyer Media.

Opinions and Counseling

We render hundreds of opinions on the strength and coverage of IP assets every year, ranging from a single opinion on a specific patent to providing long-term, ongoing counseling on complex patent portfolios and litigation. We routinely address:

  • Patentability, infringement, and validity
  • Freedom-to-operate analyses
  • Design-around issues
  • Licensing potential
  • IP contract construction and enforcement
  • Export controls

We partner with our clients’ legal, business, and technical professionals to identify the potential for risk and reward throughout their patent portfolios. In addition to transactional counseling, we regularly advise clients on pre-litigation strategies, guiding them to favorable settlements before or during litigation.

We advise companies seeking to leverage their competitive advantage in IP on licensing, technology transfers, and other agreements, from simple licenses to complex strategic alliances. We provide protection and guidance throughout the process, from negotiation to enforcement.

IP Advice and Strategic Planning

As more companies than ever before realize that significant value resides in their intellectual property, they require IP attorneys who see intellectual property from more than just one perspective. We employ a fully rounded approach to IP management and value creation, counseling clients on a range of IP strategies, such as defensive coverage, monetizing non-essential patent assets, or building value for a strategic exit.

Due Diligence

Effective due diligence is critical for companies engaged in mergers and acquisitions, when negotiating a license or franchise agreement, or when buying or selling patents, trademarks, copyrights, or other types of IP. We routinely conduct investigations to determine the validity of ownership rights, the quality of the assets, and the limitations or risks associated with them.

Code Clearance and Open-Source Counseling

We counsel clients on open source issues for software development and licensing of open source code. Our services include: 

  • Open-source license conflict analysis
  • Software pedigree review
  • Software license compliance audits
  • Risk mitigation counseling such as dual licensing and clean-room development
  • Open-source policies and training programs
  • Licensing source code under open-source licenses