The firm’s copyright practice includes significant and substantive enforcement and defense of copyright infringement actions in federal court, preparation and filing of copyright applications, appeals in the Copyright Office, mask work and software registration, and licensing and transactional evaluations.

Our lawyers have significant first chair trial and appellate experience in various federal courts throughout the country. As expected, the group has done significant work with Internet and privacy issues, right of publicity, entertainment law and other unfair competition issues in all aspects of intellectual property.

Our lawyers work for painters, artists, composers, photographers, publishers, authors, actors and in every aspect of the entertainment world, including producers, and directors of Broadway shows and films.

The firm’s patent practice includes significant litigation internationally, patent preparation and prosecution of regular utility and design patents, proceedings in the U.S. Patent and Trademark Office relating to issued and unissued patent applications, including appeals, reissues, reexaminations, interferences, and new post-issuance proceedings, as well as invention assessment including patentability, validity, enforceability, freedom to operate, patent interference, and enforceability opinions.

Our attorneys have appeared in federal courts throughout the country, and have handled ITC proceedings as well through trial and appeal. Our jury experience has yielded significant verdicts for our clients.

Patent litigation on behalf of patent holders and alleged infringers is a regular part of our diet, including ANDA drug litigation, related patent misuse and antitrust issues, expert witness consultations and testimony, as well as licensing, due diligence review of patent portfolios, mediation, arbitration, and alternative dispute resolution involving patent issues.
Technical areas of concentration include biotechnology, pharmaceuticals, polymers, organic and inorganic chemistry, computer science, metallurgy, electronics and telecommunications, and mechanical and medical devices.

The firm’s trademark and unfair competition practice includes first and foremost, extensive litigation capability. We also prepare availability opinions for marks selected by clients, trademark application preparation and prosecution, licensing and sale of marks, due diligence review in connection with mergers and acquisitions, applications for temporary restraining orders, preliminary injunctions, and anti-counterfeiting activity internationally.

Our attorneys also handle actions relating to domain name cybersquatting, arbitration, and mediation of IP.

In the context of patents, trademarks, trade dress, design rights, rights of publicity, copyrights and trade secrets, the firm has had many significant cases in all these matters. EVW attorneys have tried patent cases in all sciences with emphasis on the pharmaceutical and computer/software industries before judges and juries. Our trademark and anti-piracy experience is well known in such areas as jewelry, watches, apparel, shoes, electronics and various food and drink groups.

Our right of publicity cases have been cutting-edge, with substantial successes. Our trade dress cases have substantial fame appended to their results.

We have been litigating copyright issues for half a century in publishing, music, film, photography, the arts in general, and more recently, heavily in social media and the internet. Our trade secret litigations have given thorough line of fire experience in a very difficult area of the law, and we have succeeded admirably in protecting such rights, or in some cases defending unwarranted accusations of misappropriation. When appropriate, we move rapidly preliminarily to enjoin unlawful conduct harmful to our clients.

Over the past 25 years and beyond the firm has performed the patent and IP and other related due diligence for evaluation and protection for mergers and acquisitions in individual deals worth upwards of over $6 billion dollars. Our IP lawyers have represented the largest pharmaceutical company in Norway in the largest acquisition in that country’s history. Our IP lawyers have done over 300 transactions involving some of the most significant products and industries, including:

  • The major sale of a famous U.S. optical company’s multiple retail operations(and intellectual property);
  • An Australian company’s famous transition lens business;
  • The $130 million merger of two well-known laser barcode manufacturing companies;
  • The sale of the 10,000 copyrighted maps of the most famous map organization in the U.S.;
  • The multibillion purchase of the most famous computer magazine empire in America, and the turnaround sale of the business two years later;
  • The substantial dismemberment of one of the most famous optical companies/film manufacturers in the U.S.;
  • The evaluation of one of the most famous U.S. retailers for an infusion of over $130 million to allow for the return to success of that company.

EVW IP Due Diligence attorneys have also performed freedom to operate reviews and issued opinions for Fortune 500 pharma companies.

All of the above and many other evaluations required a sophisticated level of experience in dealing with IP that the firm now has in substantial quantity. Some of the above transactions took as long as six months and millions of documents to review to complete to our satisfaction. All were successfully completed.

The firm’s trade secret practice, sometimes considered IP, is discussed in more detail elsewhere, and includes enforcement and defense of trade secret misappropriation, development of protection programs, licensing and evaluation of trade secrets.

Attorneys in our group have represented:

  • All technologies
  • Fortune 500 clients in all industries
  • High-profile authors and publishers
  • Media producers
  • Hosts and personalities
  • Makers and purveyors of news
  • Celebrities featured in broadcasts and publications or seeking privacy protection
  • Social commentators and high-ranking government officials
  • Artists, inventors and other persons with interest in artistic and intellectual properties

Unfair Competition Law
In most of our IP cases there are significant issues surrounding unfair methods of competing. We have done this work with respect to all forms of IP in both state and federal courts.

Our experience also includes significant work in anti-counterfeiting for some of the world’s most prestigious trademark and copyright rights, all the professional sports leagues in the U.S., and many well-known universities. These analyses are further developed in hundreds of arbitrations where the key issues are always whether the parties are dealing in good faith. “Unfair” is a term for which we have constant and continuing understanding in a courtroom context.

Our engagements range from high technology profile litigation to risk management and crisis counseling concerning statements and materials in all media outlets worldwide, including print media, broadcast media, the internet, social media and blogging, as well as media practices.

Litigators in our Intellectual Property Law Group have handled hundreds of cases at all levels of State and Federal Court, including:

  • The U.S. Supreme Court/Federal Circuit Court (Exclusive to Patents)
  • The USPTO (Patent Office)
  • Libel and defamation
  • Invasions of privacy
  • Confidentiality agreements and contractual restrictions on publication
  • IP infringement and anti-piracy and anti-counterfeit
  • Subpoenas and restraining notices directed to media outlets and names
  • Copyright infringement and intellectual property protection
  • First Amendment Rights
  • Unfair Competition and Unjust Enrichment

Multi-Disciplinary Concentrations

Members of the Intellectual Property Law Group are recognized as being experienced in the protection and enforcement of patents, copyrights, trademarks, and licensing and distribution rights throughout the world.

Members of the Intellectual Property Law Group also serve in the firm’s International Law Practice Group and have substantial backgrounds in ADR, arbitration and mediation.