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Intellectual Property
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Trademark Research and Opinions

Domestic and Foreign Trademark Registrations

Trademark Licensing and Assignments

Copyright Ownership and Registration

Media and Entertainment Law

Internet Law

Technology Development and Acquisition Transactions

Technology and Proprietary Information Protection and Licensing

Patent Portfolio Strategy

Patent Prosecution

Foreign Patent Practice

Freedom-to-Operate Opinions

Technology Exports and Imports

Legislative Work and Lobbying

Intellectual Property Litigation

Introduction

Intellectual Property and Technology
Intellectual property is one of today's most rapidly developing and important areas of law. With the growth of the Internet, the globalization of trade, and the growing significance of technology, no modern business can afford to ignore its intellectual property interests.

Having practiced in this complicated area of law for decades, Davis Wright Tremaine offers the full complement of intellectual property and technology services. They range from traditional copyright, trademark, trade secret and patent issues to the developing law of the Internet, computers, and biotechnology, with licensing and litigation expertise in all areas.

Davis Wright Tremaine is also a leader in the area of new technologies. With headquarters in technology corridors across the country, our lawyers work regularly with the leaders in these fields and understand the impact of technology on all our clients' intellectual property needs. And, with our nationally recognized leadership in media law, no firm knows more about the issues affecting the content of new technologies.

News


Davis Wright Tremaine Partner Eric Stahl Appointed Copyright Society National Trustee [Aug. 2007] read more

Davis Wright Tremaine LLP Continues to Expand Intellectual Property/Patent Law Practice [July 2007]
read more

Advisory Bulletins


Media Content and New Services: Handling Infringement Claims [May 2008] read bulletin

USPTO's Proposed Rules on Claims and Continuations are Invalid [Apr. 2008] read bulletin

Federal Court Temporarily Enjoins U.S. Patent and Trademark Office from Implementing Final Rules on Claims and Continuations [Nov. 2007] read bulletin

New Trademark Trial and Appeal Board Rules to Take Effect November 1 [Oct. 2007] read bulletin

Expert Declarations Merit Special Consideration In Patent Prosecution Says Federal Circuit [Sept. 2007]
read bulletin

Patent Licensees May Challenge Licensor Patents [Jan. 2007] read bulletin

Trademark Enforcement for National Brands Made
Easier - Not So For Others: Significant Changes to Trademark Dilution Act Signed into Law
[October 2006] read bulletin

U.S. Patents on Medical Diagnostics: Valid…For Now
[June 2006] read bulletin

U.S. Patents on Biotechnical Subject Matter: Challenges of the Written Description Requirement
[June 2006] read bulletin

Intellectual Property Protection at Trade Shows, Conferences and Symposia [Feb. 2006] read bulletin

U.S. Patent Office Announces Pilot Program
for Pre-Appeal Brief Conferences [Aug. 2005] read bulletin

California Trade Secrets and Employee Raiding Law Letter [July 2005] read bulletin

Guarding Against Domain Name Hijacking [Jan. 2005] read bulletin

Davis Wright Tremaine Continues Growth In Los Angeles; Firm Expands Intellectual Property Practice With Addition of Two Former Pillsbury Attorneys
[Jan. 2005] read article

Important Patent-Related News: Consolidated Appropriations Act, 2005 Took Effect on
Dec. 8, 2004 read article

Trademark Basics: Five Things Everyone Should Know About Trademarks read article

The Madrid Protocol: A Centralized, Streamlined, and Cost-effective Solution to the High Cost of Worldwide Trademark Protection - Is It Too Good To Be True?
read article

Articles & Publications



The Cycles of Applying the Law Online
By Lance Koonce
Published by New York Law Journal
[June 30, 2008]

Our Services


A sampling of the specific services available from our intellectual property group is listed on the sidebar to the left or view our brochures in pdf format using the links below.

IP brochure [195k]
Patent Services brochure
[59k]
Trademark brochure
[56k]
Trade Secrets [46k]

Masterpieces of Communications Law


Our Clients


Our clients include major media, publishing and entertainment companies, film and video production companies, arts organizations, medical research facilities, banking institutions, biotech companies, computer hardware and software manufacturers, Internet and online service and content providers, government agencies, and companies with worldwide trademark and patent portfolios. They range in size from the largest in their respective markets to the smallest start-up. A sampling of our national clients includes Sesame Workshop, Random House, New York Daily News, Village Voice Media, Simon & Schuster, McGraw-Hill, Wenner Media, Paramount Pictures, Columbia Pictures, CBS, St. Martin's Press, Microsoft Corp., Viacom and AOL/Time Warner.


Intellectual Property Litigation


We handle all aspects of intellectual property litigation, including infringement cases in federal and state courts, ownership disputes, and contested proceedings before the U.S. Patent & Trademark Office. We regularly handle litigation for national companies in all our major offices throughout the country and can provide detailed information on representative cases we have handled in any specific area of intellectual property. In almost all cases, however, our first goal is to successfully resolve infringement matters - through Alternative Dispute Resolution when appropriate - before costly litigation becomes necessary.

View a listing of some of DWT's representative client work: Representative Cases-IP Litigation

Events and Meetings


Gamer Technology Law Conference
March 27-28, 2008 Beverly Hills, CA
Speaker: Kraig Baker



Related Practice Areas


Advertising & Marketing
Emerging Business & Technology
Health Information Technology

Internet & eCommerce
Life Sciences
Media
Music Law
Patents
Technology


Department Members


Anchorage
Jon S. Dawson
Jane Eckels
Elizabeth P. Hodes

Los Angeles
Patrick Avakian
Jennifer L. Brockett
Jill R. Cohen
Zhi-Ying J. Fang
Julian D. Forman
Jeff Glasser
Emilio G. Gonzalez
Janet Grumer
Karen Henry
Seth D. Levy
Joshua Radis
Kelli L. Sager
Sean Senn
Henry J. Tashman
Andrew J. Thomas
Linda B. Truong
Alonzo Wickers IV
Rochelle L. Wilcox

New York
Deborah Adler
Robert D. Balin
R. A. Boose
Kevan Choset
M. Graham Coleman
Deirdre Davis
Edward J. Davis
Robert J. Driscoll
Nancy J. Felsten
Carolyn K. Foley
Claude P. Goetz
Laura R. Handman
Lance Koonce
Victor A. Kovner
Maya Menendez
Elisa L. Miller
Alexandra Nicholson
Leonard Orkin
Monica Pa
Marcia B. Paul
Christopher J. Robinson
James Rosenfeld
Kevin F. Saer
Sharon L. Schneier
Linda Steinman
Wendy Szymanski
Bryan M. Tallevi

Portland
William A. Birdwell
Duane A. Bosworth
Lawrence B. Burke
Everett W. Jack
J. R. Lagesen
Kelly A. Luzania
George M. Mardikes
Christopher F. McCracken
Sheila F. Morrison
Duke Tufty
Vanessa Usui

San Francisco
Joseph E. Addiego
Thomas R. Burke
Thomas J. Cervantez
K. Alison de Runtz
Martin L. Fineman
James S. Hsue
Gerald P. Parsons
James P. Walsh
Rochelle L. Wilcox

Seattle
Nigel Avilez
Kraig L. Baker
Robert A. Blackstone
F. Ross Boundy
Stuart C. Campbell
Matthew D. Clark
Heather M. Colburn
Barry L. Davison
David H. Deits
Michael J. Donohue
Stuart R. Dunwoody
Sarah K. Duran
Jane Eckels
Randy Gainer
Marvin L. Gray
Philip R. Hunt
Bruce E. Johnson
Cassandra L. Kinkead
Gregory J. Kopta
Noelle H. Kvasnosky
Ladd B. Leavens
Roger A. Leishman
Rick L. Leitner
Catherine Maxson
Alan S. Middleton
Marshall J. Nelson
A. P. Parsons
Jane E. Potter
George C. Rondeau
Anne C. Shelby
Eric M. Stahl
Daniel M. Waggoner

Shanghai, China
Zhi-Ying J. Fang
Vincent X. Wang
Yuping Wang

Washington, D.C.
Burt Braverman
Adam S. Caldwell
Maurita K. Coley
Richard L. Cys
Rory Eastburg
Richard A. Gibbs
Laura R. Handman
Brian J. Hurh
James F. Ireland
Brian Nixon
David M. Silverman

Range of Services Offered

Trademark Research and Opinions
We help our clients with comprehensive strategies for developing and protecting business and product names, with special attention to their use in e-commerce and the interface between trademark and domain name issues. We offer 24-hour turnaround on initial screening trademark searches. We also coordinate and analyze more thorough research, tailored to the client's specific needs, through outside research services.

Domestic and Foreign Trademark Registrations
We are experienced in all aspects of practice before the U.S. Patent & Trademark Office, including prosecution of applications, resolution of potential conflicts, and representation in contested proceedings. We also advise on foreign trademark strategy and coordinate registration through our contacts with experienced agents and attorneys in other countries, enhanced by our membership in both the International Trademark Association (INTA) and Lex Mundi.


Trademark Licensing and Assignments
Our service in this area ranges from full-scale franchising strategies to individual trademark licenses and assignments.

Copyright Ownership and Registration
We are experienced in negotiating and enforcing joint authorship, work-for-hire, and commissioned or contract work agreements, both in conjunction with employment arrangements and independent ventures. We also provide full copyright registration services and, in appropriate cases, train clients to handle routine applications in-house, with advice from us only as needed.


Media and Entertainment Law
We represent publishers, television producers and networks, record companies, motion picture studios, and online services, as well as authors, musicians and recording artists, photographers, collectors, artists, museums, and arts organizations, in both transactional and litigation matters. Davis Wright Tremaine attorneys are regularly consulted on matters relating to ownership of rights, fair use, and application of copyright law to online and other electronic environments. We have many years of experience in negotiating the full range of intellectual property agreements in the publishing, media, arts and entertainment fields.


Internet Law
We work with clients on all aspects of businesses related to the Internet, from web site development and hosting, to content licensing, to co-marketing, co-branding, and other cooperative ventures. We also provide pre-publication review of websites, ensuring that content and community building features do not create liability.


Technology Development and Acquisition Transactions
We assist our clients in acquiring intellectual property assets, emphasizing a thorough due diligence review of complex ownership issues. We also assist in negotiating and structuring intellectual property development agreements, including joint development agreements.

Technology and Proprietary Information Protection and Licensing
We work with clients in all industries to establish and maintain procedures for trade secret protection, including confidentiality, nondisclosure, and joint development agreements, compliance with Uniform Trade Secrets Acts and other related state laws, and integration with copyright and patent strategies. Our experience in this area ranges from large international and multi-company technology transactions to the initial licensing needs of start-up companies. We can also assist in creative use of licensing for financing purposes.


Patent Portfolio Strategy
We analyze and assist our clients in strategically positioning their patent portfolios to achieve maximum valuation and growth as an integral part of their business strategy and to optimize value in corporate financing transactions, such as start-up seed round financings and later stage venture capital financings.
Click here to read more about our patent group.

Patent Prosecution
We prosecute patents before the U.S. Patent and Trademark Office. Our approach is to assist clients in analyzing how the invention fits within their overall business strategy, and then tailor the patent application to maximize potential commercial value. Davis Wright Tremaine patent lawyers have prosecuted patents in a wide range of technologies, including biotechnology, pharmaceutical, medical devices, software programs, business methods, electronic commerce, water treatment and mechanical devices.


Foreign Patent Practice
We advise on foreign patent matters and coordinate application filings through our membership in Lex Mundi and our contacts with experienced agents and attorneys in other countries. This work is done without administrative markups.


Freedom-to-Operate Opinions
Having a patent is not the same as having the freedom to make, use or market a product. That is, one must have "freedom-to-operate." We assist clients in achieving their marketing objectives by analyzing third-party patents to identify issues that inhibit freedom-to-operate. We provide our analysis in the form of a written opinion, which assists in defending against claims of patent infringement. When necessary, we assist the client in identifying strategies to obtain freedom-to-operate, such as product redesign and licensing agreements.


Technology Exports and Imports
Our experience in this area draws upon both our international law department and members of our Washington, D.C. office who are actively involved at both the policy and application level in export issues and federal and foreign technology transfer restrictions, including restrictions on the export of encryption technologies. We also have experience in general export matters before the Department of Commerce and in import matters involving the U.S. Customs Service.


Legislative Work and Lobbying
We represent the interests of our clients in national legislative matters, including participation in negotiations resulting in the Digital Millennium Copyright Act and the Sonny Bono Copyright Term Extensions/Fairness in Music Licensing Act, and participation in database protection and other technology-related matters. Our Washington, D.C. office facilitates our access to congressional and administrative bodies and ensures that we keep current on important legislative issues.


Intellectual Property Litigation
We handle all aspects of intellectual property litigation, including infringement cases in federal and state courts, ownership disputes, and contested proceedings before the U.S. Patent & Trademark Office. We regularly handle litigation for national companies in all our major offices throughout the country and can provide detailed information on representative cases we have handled in any specific area of intellectual property. In almost all cases, however, our first goal is to successfully resolve infringement matters - through Alternative Dispute Resolution when appropriate - before costly litigation becomes necessary.


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