Intellectual Property Litigation
Many of today’s most successful businesses rely on ideas to generate growth and increase customer loyalty. It’s more critical than ever to protect patents, trademarks and other intellectual property rights. The attorneys at Saile Ackerman LLC work closely with individual inventors and businesses across a wide range of industries to defend and enforce protections and resolve intellectual property (IP) disputes. We represent clients throughout New York, across the country and internationally from our office in Poughkeepsie.
Our clients create sophisticated technological products, platforms and other intellectual property. Our attorneys need to fully understand these to properly protect them. Many of our lawyers hold advanced degrees in engineering and physics, allowing them to “talk the talk” as they represent clients in patent litigation and other protection matters. We protect our clients’ rights in many situations, including when their intellectual property is infringed. We also defend clients against accusations of infringement.
Producing Solutions Through Creative Legal Strategies
We have extensive experience and a strong track record of producing positive outcomes in federal and state courts, including the U.S. Patent and Trademark Office (USPTO), appellate courts, and before international arbitration panels. Often, intellectual property disputes can be resolved effectively and more affordably without litigating. Our intellectual property litigation attorneys prepare every case as if it will go to trial. However, we resolve many issues through negotiation. We are committed to finding cost-effective solutions to help protect the ideas that are critical to your business through:
- Patent or trademark infringement or enforcement
- Trade secret infringement
- Trademark opposition board hearings
- Technology disputes
- Unfair competition
- Mediation, arbitration or alternative dispute resolution of IP disputes
Enforcement vs. Defense: How We Approach IP Litigation
When your intellectual property is at stake, the course of action depends on where you stand. Were your rights violated, or are you responding to a claim made against you? Either way, we are here to help you respond with clarity and purpose.
Enforcing Your Rights
If you believe someone is using your intellectual property without authorization, we will begin with a thorough investigation. We will gather evidence, identify the scope of the infringing activity and take swift action. This often starts with a formal demand letter. From there, we will pursue negotiated resolutions whenever possible. When negotiation falls short, we are fully prepared to litigate in federal court.
Defending Against an Accusation
An accusation of infringement is serious, but it is not the end of the road. When a claim is brought against you, we start with an early case assessment to evaluate the strength of the opposing position. We will develop non-infringement and invalidity arguments and build a settlement strategy designed to protect your business. Many disputes resolve before trial, but we will prepare every case as if it will not.
How Do You Know If Someone Is Infringing on Your Patent?
A violation of your patent rights occurs when another party creates, uses or distributes something that mirrors each protected element of your patented work. For inventors and businesses in New York and beyond, determining whether that has happened requires a careful legal and technical analysis. This is not a process you should attempt on your own. Our team will conduct a detailed claims analysis, comparing the allegedly infringing product against the specific language of your patent. That analysis will tell us whether a legal cause of action exists and how strong your position is.
What To Do If You Receive a Cease-and-Desist Letter
Do not ignore it. Do not immediately comply either. A cease-and-desist letter requires a measured, strategic response, and the clock starts the moment it arrives. We will review the claim, evaluate available defenses such as prior use or lack of consumer confusion and assess the strength of the opposing party’s trademark rights.
Many of these matters resolve through negotiation, coexistence agreements or targeted branding adjustments. Getting to that resolution requires sound legal judgment from the start. Reach out to us before you take any action.
Ready To Enforce Your IP Rights
We are ready to protect your IP from infringement or defend you against an accusation of IP theft or infringement. Call 845-452-5863 to reach us in Poughkeepsie or use our online contact form to schedule a consultation.