Intellectual property is a property right protected by various state and federal laws. Intellectual property can be one of a corporation’s most valuable assets. Companies can spend significant time and money developing property that is protected by patents, trademarks, and copyrights. And intellectual property can be a key source of revenue for a business. Therefore, it is advisable for a company to have in place a comprehensive, intellectual property management plan to provide maximum protection to the company’s IP assets.
Intellectual property litigation can involve various types of disputes, including copyrights, trade secrets, parents, trademarks, contractual rights (e.g., licensing agreements), deceptive advertising, etc. Intellectual property litigation is often done in federal court, but lawsuits may be filed in other courts or forums.
When disputes arise, it might be in the best interest of the owner of the intellectual property to settle the claim without litigation. But parties should do so cautiously because there are risks that must be accounted for and navigated. For example, if a patent owner thinks a party is infringing on its patent rights, he or she might wish to contact the alleged infringer. However, contacting the infringer could cause the alleged infringer to file for a declaratory judgment in a state unfavorable to the patent owner. The patent owner might then have to litigate in another state.
In some circumstances, however, litigation is necessary to protect a company’s intellectual property. Intellectual property cases can be “bet the farm” litigation, meaning that the outcome of the litigation could result in something like an injunction barring sales of the company’s primary product. Whether you’re involved in a “bet the farm” dispute or something of a smaller nature, the attorneys at Lancer Law can help. Our attorneys represent a range of clients, including individuals, and small and large businesses. We can provide prosecution or defense in sophisticated intellectual property litigation. Call today for a consultation: (520) 352-0008. Or email us at [email protected]
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