At Latimer, Mayberry & Matthews IP Law LLP, we recognize that the key value in Intellectual Property lies in its usefulness to the overall business strategy of our clients. Therefore, we strive to ensure that we closely align our legal services with our clients' business goals so that our clients can maximize the return on their Intellectual Property. Whether a small start-up technology company or large international corporation, we tailor our legal services to fit the particular industry and individual business needs of each client.
Because we take time to thoroughly understand each client's Intellectual Property assets and its industry, we can utilize all the tools provided under U.S. and international law to their fullest extent to enable our clients' businesses to grow, and to protect such assets from illegal competition. Regardless of the nature of the business and Intellectual Property assets, we can identify which tools or combination of tools will likely best protect each client's investments in research and development and maximize the business potential.
Our legal services relating to Intellectual Property
protection include:
• U.S. and foreign patent applications
• U.S. and foreign trademark applications
• Adversary proceedings in the USPTO including interferences,
inter partes reexamination proceedings, and oppositions/cancellations
• Appeals in the USPTO and Federal Circuit
• U.S. copyright registrations
Our attorneys work with clients to develop a comprehensive Intellectual Property strategy uniquely tailored for each client. We analyze portfolios and devise strategies to maximize each client's Intellectual Property. We further counsel clients on Intellectual Property rights and their use in business strategies to aid in achieving the client's business goals in a safe and secure manner. We constantly focus on ways to protect, strengthen, and exploit the profitability of each client's Intellectual Property assets. Applying our knowledge of patent law and our technical expertise, we render legal opinions on patent matters that clients can rely on in making their business decisions.
Our Non-contentious Intellectual Property Counseling
Services include:
• Freedom to operate investigations and opinions
• Patent portfolio assessment and management
• Negotiation and drafting of licensing agreements
• Due diligence investigations
• General counseling on IP law
Now more than ever parties anticipating being a participant in patent litigation, whether as a plaintiff or defendant, need to investigate as early as possible the scope, validity, and enforceability of the patent rights likely to be asserted in the litigation. Plaintiffs must conduct adequate prefiling investigations of their infringement claims to comply with Rule 11 and to have a defense against potential bad faith enforcement or sham litigation counterclaim. An accused infringer having knowledge of asserted patent rights generally must comply with a duty of due care to ensure that its products do not infringe valid patent rights. Several district courts have adopted local patent rules requiring parties to set forth early in a litigation their infringement and invalidity contentions with a limited ability to later modify the contentions. Hence, a party who exercises diligence by adequately preparing early will likely have an upperhand if litigation does ensue.
With years of experience in analyzing patent rights for purposes of litigation, our lawyers have the expertise to assist clients in investigating and analyzing patent rights in preparation for potential litigation.
Our Pre-Litigation Consulting Services include:
• Opinions of Counsel on patent infringement, invalidity,
and enforceability for anticipated patent litigation
• Assistance with prefiling investigations, evaluation, and analysis
• Counseling related to preparing or responding to
cease-and-desist letters
Patent litigation involves some of the most complex and wide ranging legal issues a lawyer may face in a given lawsuit. The three core issues of infringement, validity, and enforceability, present in every infringement litigation, yield a myriad of subissues and related legal questions that must be addressed, often under difficult time constraints. Through years of professional experience and authorship of significant legal treatises and articles on patent law, our lawyers have the expertise to assist in-house and outside counsel tackle all substantive and procedural legal issues arising in litigating patents in the federal courts. We provide a broad range of consulting services to aid corporations and law firms efficiently and expeditiously formulate and implement case-specific strategies when enforcing patent rights or defending against asserted patent rights.
Our Patent Litigation Consulting Services Include:
• Consulting for all substantive and procedural legal issues in
patent litigation
• "Second-Eye" review to assist in-house counsel
independently evaluate the legal merits of positions
advocated in a patent litigation
• Expedited substantive review of patent-related legal briefs
for all phases of patent litigation, including:
• Markman claim-construction briefing
• Preliminary injunctions
• Summary-judgment motions
• Post-trial motions
• In limine and Discovery motions
• Appeals before the Federal Circuit and Supreme Court
• Drafting of briefs and pleadings, in whole or in part, for patent-related
actions in the district courts
• Assist trial team in developing and perfecting substantive and
procedural litigation strategies and arguments in support thereof
• Evaluating merits of issues for appeal, formulating arguments for
appeal, and drafting appellate briefs
• Expert testimony on patent law for arbitrations and other forms of
alternative dispute resolution
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U.S.
and foreign patent preparation
and prosecution