An important aspect of protecting intellectual property is business organization, ownership and resolving business disputes. For more than fifty years the lawyers of Allen, Dyer, Doppelt + Gilchrist have helped guide clients through not only their intellectual property protection, but also their complex business litigation.
Business litigation often encompasses not only intellectual property disputes, but also trade secrets, trade slander, unfair competition, breach of contract and licenses, shareholder disputes, non-disclosures and non-compete agreements. While often clients are well-served by trying to resolve these disputes short of litigation, when there is no alternative the lawyers of Allen, Dyer, Doppelt + Gilchrist are able to guide clients through all aspects of business litigation.
The lawyers of Allen, Dyer, Doppelt + Gilchrist are involved in both commercial litigation and efforts to avoid it. This starts early by consulting with individuals and businesses, providing advice on agreements aimed at protecting intellectual property and avoiding lengthy and costly litigation. When litigation is the only alternative, we help guide clients through litigation from beginning to end.
Beyond actually representing clients in court, we routinely perform the following business litigation services with an eye towards best preparing clients for success in litigation:
The lawyers of Allen, Dyer, Doppelt + Gilchrist routinely help clients protect trade secrets and confidential invention developments, as well as the transfer of intellection property, through drafting and enforcing non-disclosure and assignment agreements.
Sometimes employees can be a businesses’ most valuable commodity. Non-compete agreements are drafted to ensure that the knowledge, training and relationships developed by employees cannot walk out the door with a departing employee. The lawyers of Allen, Dyer, Doppelt + Gilchrist routinely consult with clients (both employers and employees) on non-compete agreements and assist clients on litigation and enforcement of non-compete agreements.
A significant benefit of intellectual property can be the ability to license it to generate revenue for the owner or make the intellectual property accessible to non-owners who secure a license. Our firm has significant experience in drafting, negotiating and litigating intellectual property licenses.
Litigation can be expensive and time-consuming, but there are common alternatives, such as mediation and arbitration.
Mediation is routinely practiced, whether to avoid litigation or to resolve litigation. The lawyers of Allen, Dyer, Doppelt + Gilchrist routinely represent clients in mediation or even as the mediator.
Many business agreements include arbitration provisions requiring the parties to arbitrate rather than filing litigation. We regularly assist clients in arbitration and lawyers of Allen, Dyer, Doppelt + Gilchrist also participate in arbitration as arbitrators.
Allen, Dyer, Doppelt + Gilchrist has attorneys who have assisted clients in every facet of business litigation, whether for patent, copyright, trademark, trade secret protections, breach of contract such as non-complete or license agreements, or general business disputes. To learn more about the types of business litigation services available from the Florida business litigation attorneys at Allen Dyer, please call us or contact us through our website.
We routinely get questions related to business litigation matters, including those below.
The cost for handling business litigation services can vary significantly depending on how complicated and unique the circumstances are and, for business litigation, the level of contentiousness of the dispute. Occasionally discrete business litigation matters will be completed on a flat fee basis, but in most instances our business litigation attorneys bill clients based on the time dedicated on the matter.
Other than traditional intellectual property disputes, some of the most common business litigation disputes surround non-disclosure and non-compete agreements. Where intellectual property is concerned, the lawyers of Allen, Dyer, Doppelt + Gilchrist routinely prepare and litigate license agreements and other contracts associated with the property. Finally, commercial litigation frequently includes breach of contract, partnership and shareholder disputes.
Litigation, or lawsuits, in intellectual property may take several forms. Patent infringement litigation involves disputes over designs of products or the process through which products are created or used. Patent litigation generally takes place in Federal Courts throughout the United States.
Trademarks and copyrights can also be infringed, leading to litigation. A trademark can be a symbol, logo, word, color, name or even a sound that makes one source of products stand out from others. Copyrights protect works of original expression. These disputes can involve literary works, music, art and software source code. Copyrights and trademarks grant the owner exclusive rights to the intellectual property and any unauthorized use can lead to litigation.
Trade secrets are another form of intellectual property, covering information, compilations, formulas or other secret information which gives a company an advantage over its competitors. When the information is taken without permission, litigation may be necessary to protect those secrets from disclosure.
One may license his or her intellectual property and oftentimes disputes arise over these licensing terms, conditions, payments or royalties. Other types of intellectual property litigation can include trademark dilution, cybersquatting, cyber piracy, counterfeiting, domain name disputes, customs seizures, data privacy, right of publicity, and database protection, among others. One may also become involved in an International Trade Commission litigation, patent reexamination proceedings or inter partes review of issued patents.
It is important that an intellectual property law firm have experience in all areas of intellectual property litigation, for many disputes involve more than one type of intellectual property protection. It takes an experienced intellectual property attorney to be able to recognize and address all potential disputes to best protect your intellectual property or defend against such claims.
Our patent litigation team is comprised of patent lawyers, Florida Bar Board Certified experts in intellectual property and experienced trial lawyers. Our team has asserted and defended against patent infringement claims across the United States, in the United States District Courts and the United States Court of Appeals for the Federal Circuit, in addition to post-grant proceedings at the U.S. Patent and Trademark Office before the Patent Trial and Appeal Board. We focus on early analysis of the claimed infringement and tailor a strategy consistent with the client’s financial and company goals, from pre-suit, through discovery, motions to trial or alternative forms of dispute resolution. We have represented clients ranging from individuals and small business groups to some of the country’s largest corporations. aliquip ex ea commodo consequat.
Our trademark litigation team is comprised of trademark prosecutors, seasoned litigators and experts in trademark law. Like our patent litigation team, we have lawyers experienced in all aspects of trademark litigation including Trademark Trial and Appeal Board work and trademark disputes in federal and state courts. We have experience in all aspects of trademark litigation, from seeking or defending against requests for injunctions, to motion practice and trial. Whether the resolution requires licensing expertise, trial experience or proceeding in the U.S. Patent and Trademark Office in a cancellation proceeding, our team is ready for what our clients need. Oftentimes a trademark dispute can involve related issues including trade dress claims, dilution, counterfeiting, false advertising, fair use, preemption or customs seizures. Our team can handle whatever the dispute may require.
Trade secret claims often arise when former employees are employed by competitors and encouraged to share information about the competitor. Many times trade secret disputes are accompanied with non-compete agreements, restrictive covenants, right to work claims and inevitable disclosure issues. In other circumstances, businesses have exchanged information under a nondisclosure or confidentiality agreement and a dispute arises over the use of the information. Injunctions are generally an important aspect of this type of litigation. We often find that companies use inadequate or outdated documents to protect the trade secrets, which we can assist in updating.
Our copyright litigation team has a wide variety of experience with copyright disputes across several areas and industries. We help resolve disputes relating to architectural designs, database protection, software protection, DMCA, fair use claims, use of photographs and secondary liability, and more. We also represent clients across the entertainment and music industries.