Intellectual Property

Our clients range in size from large corporations to family-owned and closely held businesses, to nascent and growing startups, to individuals. We offer premier services regarding creating, protecting, and asserting patents, trademarks, copyrights, and trade secrets, as well as domain names, data streams and use rights, and Internet properties. We provide licensing and counseling services regarding all of these asset types. Our attorneys have represented clients across the world and have long-standing relationships with many domestic and international companies, service providers, and law firms.

Berger Montague Intellectual Property Areas of Practice

Intellectual Property Litigation: Our litigators have a strong and successful track record in intellectual property disputes, representing clients in trial and appellate courts, and in administrative proceedings before the United States PTO. We handle patent, trademark, copyright, and trade secret litigation, large and small, advocating aggressively and tenaciously to protect our clients’ rights and obtain favorable outcomes.

Patents: Many of the attorneys in Berger Montague’s Intellectual Property Department have Ph.D.s and/or advanced technical degrees in various engineering disciplines, biotechnology, molecular biology, biochemistry, computer science, and data analytics. We leverage this experience to offer clients a global patent prosecution and counseling practice that can assist from the earliest stage of technical development to product clearance and licensing.

Trademarks: We provide strategic counsel on trademark registration, enforcement, licensing, and protection. Our experience includes conducting and analyzing comprehensive trademark searches, preparing and filing trademark applications, responding to USPTO office actions, creating and managing trademark portfolios worldwide, and handling disputes to ensure that valuable brands are recognized and shielded from infringement.

Copyrights: We register, license, enforce, and defend copyrights. We advise clients on copyright ownership, fair use issues, digital rights management, and copyright infringement matters, so that creative works and expressions are fully protected and policed.

Trade Secrets: Because we are well-versed in trade secret law, we help clients establish robust trade secret protection programs. These include drafting detailed confidentiality agreements and pursuing misappropriation claims.

Due Diligence: In mergers, acquisitions, and other corporate transactions, we are regularly involved in the drafting and negotiation of representations, warranties, and covenants relating to intellectual property portfolios. We advise on the development of disclosure schedules and perfection certificates, and on the registration and maintenance of patents, trademarks, and service marks. We identify potential issues, advise on intellectual property protection and transfer, and assist in negotiating terms and conditions of use or transfer.

Flexible Billing Arrangements: Berger Montague is welcoming to intellectual property clients who wish to inquire about flexible billing arrangements, and serves clients on an hourly fee billing model, as well as hybrid, and contingent fee models where appropriate.

Intellectual property is key to establishing and maintaining a business’s competitive edge. At Berger Montague, we offer a deep and comprehensive understanding of intellectual property law as well as an experienced and aggressive team able to deftly advise clients on strategic solutions.