Your intellectual property, whether it is a physical product, piece of artistic work, or a new system of doing something, it is at the heart of your business and it needs to be protected. Because of this, it is advised that you work with an intellectual property law firm that can guide you towards your IP’s best form of protection. You’ll need this protection and litigation support should you be infringed upon or should you need to challenge another company.
Deciding to Litigate
If you’ve spent money, time, and brainwork creating an original work, idea, or product, you’ll need to protect your work. The decision to litigate should be based on facts about your company and your competitors. Questions you’ll want to ask:
- Is another company infringing your IP rights? What will it take to stop them?
- Has one of your competitors challenged the efficacy of your product and your advertising claims? What substantiation do you need?
- Is another company threatening to sue you or demanding that you cease and desist certain conduct? If so, how should you respond?
Part of the decision to litigate is based on a process of analysis. Because patent litigation can be expensive and time consuming, we always provide a patent valuation and damages analysis to our clients before moving forward with the litigation process.
We will evaluate the strength and weakness of your case, determine the likelihood of infringement, and provide an initial estimate of potential damages.
A thorough analysis of your patent and the potential infringement will allow you to make a fact-based decision on whether or not to pursue the patent litigation process. Within our analysis process, we will take a look at a patent study, including a patent and key feature analysis. We’ll also perform a detailed target scouting and product search, a related art and validity analysis, and provide you with primary evidence for each high relevance product. We always intend to provide our clients with extensive evidence research to allow them to make a call on litigation.
Our research and analysis services are customized to provide each client with the best technical insights that are aligned to your needs and budget.
Infringement and Litigation
It is always advised that you protect your ideas and creations. Registering your idea with the appropriate protection can ensure that it remains your property. Should your idea be infringed upon, or should you be accused of infringement, our team can help protect you.
If and when an infringement dispute arises, we are there for our clients. We seek quick resolutions and have had good luck mediating and settling cases. While we are zealous advocates for our clients and make every effort to work with opposing attorneys.
Since intellectual property is protected by state and federal laws, infringement disputes are litigated in both court systems, as well as by arbitration and other alternative dispute resolution forums.
We will help you uncover the facts needed to form a strategic response and determine whether or not to litigate.
In some cases, litigation may be the only way to protect what you’ve built. Yet, litigation is not always the answer and there may be better ways to accomplish your goals. We will help you consider the important questions, such as: What are the other options? How will you maintain market share, yet be compensated for what you’ve lost? What strategies will help you drive your business model?
We will present all options available to you and help you decide what steps you would like to take to protect your products and ideas.
Reilly Intellectual Property Law Firm
Reilly Intellectual Property Law Firm provides intellectual property strategies to protect the inventions that change and shape our world. We handle patents, trademarks, copyrights, and licensing legal services in Denver. Our experienced attorneys provide strategic guidance, patent counseling and prosecution, new product clearance and licensing, as well as counsel regarding patent, copyright, and trademark enforcement and how to avoid possible infringement issues.
Our attorneys actively and aggressively represent plaintiffs and defendants in a wide variety of proceedings before courts both domestically and internationally. We provide solutions that anticipate our client’s need to protect their intellectual property so that their business thrives. We would love to work with you to develop a dynamic strategy that addresses your patent, trademark, copyright, and licensing concerns.