Lenhart Obenshain’s intellectual property and technology practice offers comprehensive intellectual property services for owners and users of all types of intellectual property and technology, including patents, copyrights, trademarks and trade secrets. Many businesses do not realize just how “IP rich” they are. The engine of most service-orientated business is its knowledge, experience, reputation, and relationships. Such intangible assets are crucial to the continued operation and profitability of the business, and the loss thereof may have a devastating impact on the survival, and value, of the business. The primary focus of our intellectual property and technology practice is to support and assist businesses to identify their intellectual property, technology, know-how, and goodwill, and to take appropriate measures to capture, protect, and exploit its inherent value depending upon the business’ specific needs and strategy. We work closely with all types of business entities, including software developers, publishers, on-line content providers, e-commerce companies, “gaming” companies, and service providers, to devise creative and tax-efficient ways to acquire, hold, license, exploit, and protect intellectual property. We also assist businesses to take appropriate measures to respect the intellectual property rights of others, and to respond appropriately to claims of misappropriation or infringement.

Our services include:

• Copyright and Trademark Prosecution. We assist companies in developing trade or service marks that are registerable with the United States Patent and Trademark Office, and then prepare, file and prosecute the application through the USPTO process, including appeals, if necessary. We also work with companies to protect their copyrighted works, including source code, through registration with the Copyright Office.
• Executive, Employee and Contractor Agreements. An entity’s use of appropriate assignment and nondisclosure agreements is critical in ensuring that the entity owns the intellectual creations of an executive, employee, or consultant, and can prevent the dissemination of information relating to such creations. We have assisted all types of entities to structure such agreements, tailoring them appropriately to address unique situations.
• Trade Secret Policies. While often overlooked, trade secrets policies can be essential to provide a business with the benefits of legal protection for its confidential business information and strategies. We have experience in designing an appropriate trade secret policy to provide a business with the maximum protection under state trade secret laws.
• Acquisition, Licensing and Distribution. We have substantial experience in identifying, addressing, and resolving issues concerning the acquisition of intellectual property in the context of a merger, sale, or business reorganization, including tax issues. We frequently draft and negotiate numerous types of licensing agreements, including software license and maintenance agreements (including ASP, “click-wrap” and “shrink-wrap” models), patent licenses, university technology transfers, book and movie rights agreements, distribution agreements, strategic alliance agreements, and joint development agreements.
• Litigation Support. Whether a business needs to enjoin a former employee from using stolen secrets, prevent a competitor from using its trademark, or defend a claim of misappropriation or infringement asserted by a competitor, Lenhart Obenshain stands ready to represent that business in state or federal court or before the United States Patent and Trademark Office.

Lenhart Obenshain places a premium on creativity, efficiency, and responsiveness. We offer cost-effective alternatives to the traditional “billable hour” arrangement,” including providing a comprehensive intellectual property audit for a fixed-fee. Such audit includes, assessing existing intellectual property agreements and strategies, devising appropriate solutions to address inadequacies in existing intellectual property protection and enforcement strategies, and preparing standard agreements for the business’ use in connection with a wide range of activities concerning the acquisition, protection, disclosure, and use of its intellectual property.

If you need legal advice on intellectual property and technology law issues,
contact Patrick C. Asplin at 434.220.6105.