Intellectual Property “IP” Litigation

Intellectual Property (IP) rights are abstract and often difficult for laypersons, judges, and/or attorneys to understand. Many attorneys have a difficult time understanding how copyrights, patents, trademarks, trade dress and/or trade secrets lawsuits should be litigated.

Making sure that you understand the technology behind the intellectual property, and can explain it to judges, juries and your opposing attorneys is vital to the success of any IP lawsuit as explained in Having good experts that can explain the technology to a judge or jury, can often be the difference between winning and losing an IP lawsuit. An Intellectual Property Law Attorney is more of an educator and/or teacher than in most other areas of law.

A successful intellectual property attorney must come up to speed quickly on the clients’ technology, how the intellectual property protects the technology, the clients’ business interests, and how to use the litigation process to maximize the value of the intellectual property rights. Often, a good intellectual property portfolio is only, as good as, the law firm litigating and enforcing your intellectual property rights as written in article.

The more successful you are with your intellectual property lawsuits, the more you will be able to command a higher royalty from your licensees. However, if any of your intellectual property rights are invalidated, then there is the danger that one adverse ruling ruins your ability to monetize that copyright, patent, trademark, or trade secrets rights.

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