LITIGATION

Our clients include Fortune 500 companies that are in diverse industries such as media and entertainment, consumer products, software, electronics, e-commerce, communications, healthcare, retail, apparel, and semiconductors. These clients trust Sanchelima & Associates with over thirty years of experience, to protect their most valuable intellectual property and to defend them when accused of infringing the rights of others.

PATENT LITIGATION

As stated in 35 US Code 154(a)(1), every patent contains a grant to the patentee … of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States…

Patent infringement is a civil wrong causing commercial harm. It results when someone breaches a duty to exercise due care to avoid making, using, selling, offering for sale, or importing a patented invention without the consent of the patentee during the lifetime of a valid patent. Damages can be awarded for infringement. Triple damages can be awarded when there is willful infringement.

Patent litigation is a primary focus of our Intellectual Property practice. We approach each case as a communication challenge: how to present complex technical and legal issues to a judge or jury in clear, persuasive language. Early in the case, our team develops themes that clarify the key legal and scientific issues. We refine the themes during discovery as we develop a detailed case presentation to the jury and judge. Where appropriate, we make use of focus groups, mock trials, and jury research and take advantage of the latest technology in animation, video, and computer graphics.

Using these approaches, Sanchelima & Associates can help in all your patent infringement needs.

TRADEMARK LITIGATION

Trademark disputes are not always resolved in federal and state courts. The firm has represented trademark owners in administrative proceedings before the Trademark Trial and Appeal Board, such as cancellations and oppositions.

In a Trademark Trial and Appeal Board proceeding, the TTAB decides whether a mark is registrable based on to priority of use, likelihood of confusion, and genericness, among other issues. Our firm has helped its clients deal with these issues, all while working within budget.

In addition to District Court and TTAB proceedings, domain name and trademark owners may also determine ownership of domain names in UDRP proceedings (Uniform Domain Name Dispute Resolution Policy). In these proceedings, trademark and domain name owners must determine whether a domain name has been registered in bad faith, and whether either party has a right to use a particular web site address. These same factors can be addressed in court proceedings under the American Cybersquatting Protection Act, but UDRP proceedings can often offer a quicker decision for the parties.

Although litigation and administrative options are available, it is often better to try to settle disputes so that the parties can save time and money. We make every effort to resolve trademark and intellectual property problems as soon as possible. If negotiations fail, then litigation and administrative proceedings may be advisable. Of course, settlement talks can still occur during litigation, and sometimes mediation is available to help the parties work out a resolution.

It is extremely important to determine trademark rights prior to using a mark for a business name, slogan, product or service, or design. A trademark can be vulnerable to senior third party use, even if the trademark owner has been using the mark for months or years.

SOFTWARE DISPUTES

Software disputes transcend every intellectual property discipline, contract law, property law, and a variety of other electronic rights systems. Software disputes are often among the most high profile and controversial disputes in the country today. Successful representations of these types of disputes requires a multidisciplinary approach where understanding the technology interplay with the complex web of legal disciplines are a key to success. Sanchelima & Associates is ready to meeting these challenges.

TRADE SECRETS LITIGATION

In a heartbeat, the protection of trade secrets is the number-one priority for many companies, particularly in the technology, biotechnology, financial services, and manufacturing industries. Companies in these industries face the daunting task of creating innovative products and services in a world with short product life spans and disappearing employee loyalty. When mission-critical trade secrets are at issue, clients rely on Sanchelima & Associates years of experience and proven track record to protect themselves. All states allow for protection of trade secrets.

Sanchelima & Associates have successfully represented clients in all stages of trade secret litigation, both as plaintiffs and defendants, from pre-filing investigations through jury trials and appeals. Sanchelima lawyers also counsel clients on effective, enforceable policies that help prevent the loss of trade secrets, and on prophylactic measures to avoid liability for misappropriation.

COPYRIGHT LITIGATION

Sanchelima & Associates copyright lawyers are leaders in their field, devoted to representing companies on the cutting edge of technology, entertainment, and media. Our firm copyright clients include leading software companies, and publishing companies. Sanchelima & Associates has more than thirty years of experience handling groundbreaking copyright infringement litigation that occurs in the wake of technology development.

Sanchelima & Associates deep copyright expertise in matters including the application of the copyright law to the Internet and other online environments, literal and non-literal copying claims, and anti-circumvention issues, secondary liability, and fair use.

Our firm has successful track record in defending and obtaining temporary restraining orders and preliminary injunctions in copyrights cases.