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Intellectual Property

You’ve invested the time and effort in developing a competitive advantage — whether that is a new product, a distinctive brand, an improved process, a breakthrough software, or any other asset that is unique to you or your business.  Your continued success depends on effectively maintaining and enhancing that competitive advantage through a comprehensive intellectual property strategy.

Our team of accomplished intellectual property attorneys will help you with all of your IP needs – preparing and prosecuting patent applications and trademark applications, negotiating and drafting licenses and other technology transfer agreements, litigating claims of patent infringement, trademark infringement, copyright infringement, and unfair competition, and handling any other intellectual property matters.

FBFK is an intellectual property law firm that will skillfully guide you in developing and implementing the best strategy to protect your competitive advantage — and, by extension, to enhance your success.

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Our Intellectual Property Team

Our Intellectual Property Practice

Enforcement and Litigation – Patent Infringement, Copyright Infringement, Trademark Infringement, and Trade Secret Misappropriation

If you find yourself in an intellectual property dispute, FBFK’s team of intellectual property lawyers is here to help.

As an intellectual property owner, you may discover that a third party is infringing your patent, trademark, or copyright.  Our IP attorneys will effectively guide you through the process, whether that means a cease and desist letter, pre-suit negotiations, filing a lawsuit, or going to trial on a claim of patent infringement, trademark infringement, or copyright infringement.  Offensive enforcement of your intellectual property rights can be a “bet the company” decision, thus it is important that you choose an experienced intellectual property law firm like FBFK.

Despite your best intentions, a third party may threaten you with claims of intellectual property infringement or unfair competition.  FBFK’s intellectual property attorneys can help you to navigate the best resolution possible.  Our IP attorneys regularly defend allegations of patent infringement, trademark infringement, copyright infringement, and unfair competition.  FBFK will effectively and efficiently defend you against claims of intellectual property infringement.

Technology Transactions – License Agreements, Joint Development Agreements, SaaS Agreements

The intellectual property attorneys at FBFK are experienced in drafting, analyzing, and negotiating complex technology agreements.  When evaluating a technology transaction, an FBFK’s experienced technology attorneys will provide invaluable insight that allows you to maximize the transaction value while minimizing the risk.  A technology agreement often provides the foundation of your business – whether it’s a software development agreement, a license agreement, a SaaS (Software as a Subscription) agreement, a distribution agreement or reseller agreement, or any other form of technology transaction.  Our intellectual property lawyers have worked as senior in-house counsel at major technology corporations and as partners at BigLaw private law firms.  This experience allows FBFK to provide exceptional strategic advice with your technology transactions, for both standard agreements and customized agreements for one-of-a-kind deals.

Preparation and Prosecution of Patent Applications

Developing a patent portfolio to protect your innovations is critical to continued success.  Our team of patent attorneys at FBFK possesses an impressive depth and breadth of experience across many technologies and industries, providing you with excellent counsel during the often complicated process of preparing and prosecuting patent applications.  Filing a patent application can have many long-term benefits, including potential offensive enforcement in a patent infringement lawsuit, defensive assertion to establish prior rights, marketing the “patent pending” status of your innovation, maximizing the value of your innovation in a future exit event, and many others.  Trust the patent prosecution attorneys at FBFK to help guide you through the process.

Preparation and Prosecution of Trademark Applications

Your brand encompasses more than just the name of your product or service, and may include assets such as a word mark, a logo, a slogan or motto, a trade name, a domain name, a trade dress, a look and feel, just to name a few.  Protecting the overall brand requires a creative strategy.  FBFK’s team of trademark attorneys has tremendous experience across many industries and regularly manages trademark portfolios both in the United States and abroad.

Practice Areas

FBFK’s team of intellectual property attorneys have a wide arrays of capabilities and experience in intellectual property matters, including:

Intellectual Property Enforcement and Litigation

  • Patent infringement
  • Copyright infringement
  • Trademark infringement
  • Trade secret misappropriation
  • Unfair competition
  • Technology contract disputes
  • License disputes
  • E-Commerce disputes

Technology Transactions

  • License agreements
  • Joint development agreements
  • SaaS (Software as a Subscription) agreements
  • Software licenses
  • Software development agreements
  • End User License Agreements (EULA)
  • Support and maintenance agreements
  • Service Level Agreements (SLA)
  • Distribution agreements
  • Reseller agreements

E-Commerce and Websites

  • Website terms of use
  • Website privacy policy
  • Domain name disputes (UDRP – Uniform Domain Name Dispute Resolution Policy)
  • Click-wrap agreements
  • E-Commerce agreements
  • Web hosting agreements

Cybersecurity and Data Privacy

  • Data processing agreements
  • GDPR (General Data Protection Regulation) compliance
  • CCPA (California Consumer Privacy Act) compliance

Representative Intellectual Property Matters

Post-Grant Review Proceedings
  • IPR2014-00148 and IPR2014-00907 (Petitioner)
  • IPR2015-01728 (Petitioner)
  • IPR2015-01739, IPR2015-01740, IPR2015-01741, IPR2015-01742, and IPR2015-01743 (Patent Owner)

Intellectual Property Litigation
  • After initiating Copyright infringement claims against an NFL franchise for its unauthorized use of a photographer’s iconic photograph of football star, Emmitt Smith, obtained a settlement of $275,000.  Subsequently, the NFL franchise again used the photographic image without the photographer’s permission, which lead to an additional lawsuit and confidential settlement agreement.
  • Represented business intelligence software company in two related patent litigation cases regarding business intelligence software, resulting in jury verdict exceeding $1 million in case where client was plaintiff and favorable settlement in case where client was defendant.
  • Represented patent owner in numerous patent infringement claims regarding electronic cables and connectors with multi-positional swivel adapters against large distributors and manufacturers of electronic equipment. After preliminary litigation and claim construction proceedings, obtained numerous settlements that resulted in cash payments to client.
  • Represented textile manufacturer in multiple copyright disputes regarding infringing products imported from Asia, resulting in favorable resolution without need for litigation
  • Dicon Fiberoptics v. Preciseley Technologies (NDCA 3:15-cv-01362)
  • Prosper Funding v. Prosper Capital, et al, (EDMO 4:15-cv-01408)
  • Certain Kinesiotherapy Devices and Components Thereof, ITC Inv. 337-TA-823

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