In today's technology-driven economy, the value of a company's intellectual property is often its most important asset. Porter & Hedges lawyers are experienced in all aspects of acquiring, protecting, and capitalizing on these vital assets.
Information Technology, Internet & e-Commerce
Today, almost every business relies upon information technology, the Internet and e-Commerce to be successful. In order to compete and stay ahead of the competition, our clients rely on the intellectual property lawyers of Porter & Hedges to protect these vital business assets. Our lawyers work with clients at each step of the development and protection of intellectual property assets, and focus our efforts on maximizing the value of these assets in the context of the client's business objectives. We regularly advise clients regarding:
- Proprietary software issues
- Protection of copyrighted materials
- Technology development agreements
- Security and privacy issues
- Electronic customer databases
We understand the issues surrounding the world of information technology and
e-Commerce, and guide our clients through the numerous and often novel legal questions they can present.
Licensing & Transactions
Our lawyers are active in the licensing of intellectual property representing both licensors and licensees in various business sectors.
In the transactional arena, we represent both vendors and customers in multiple industries on such issues as software licensing, Internet service agreements, hardware acquisitions, outsourcing, and transfer of technology assets.
Patent Litigation
Porter & Hedges trial lawyers have years of experience litigating all aspects of patent infringement claims. We have represented both patent owners and accused patent infringers in jurisdictions across the Southwest in cases which involve technology ranging from metallocene catalysts used to produce specialty plastics to oilfield equipment to patio umbrella stands. Our patent litigators work with world-renowned experts and highly trained graphic artists to clearly and persuasively present complicated technology issues to juries.
Our recent patent litigation experience encompasses substantially all of the important legal issues which are involved in patent litigation today, including claim construction, claim invalidity based upon anticipation, obviousness, best mode, non-enablement, written description, and related invalidity claims, as well as unenforceability due to inequitable conduct in the procurement of a patent and the assertion of antitrust counterclaims.
We have successfully asserted and defended against damage claims based upon lost profits, price erosion, and reasonable royalties. We have secured favorable jurisdictions for our clients by asserting declaratory judgment claims in local venues, and we have successfully asserted lack of jurisdiction arguments in cases where our clients have been sued in locales where they have no operations.
Our patent litigators also have significant experience before the Federal Circuit, and have recently briefed and argued issues relating to willful infringement, inequitable conduct, invalidity and related issues. Copies of representative briefs that Porter & Hedges has filed in the Federal Circuit are available upon request.
Trade Secrets
In many situations, a business's most valuable asset is a proprietary formula, manufacturing method, business practice, customer list, or other confidential information. Often the best way to protect these assets is by preserving them as a “trade secret.” Our lawyers are experienced in assisting clients to develop and institute plans to protect their trade secrets.
This work includes drafting licensing agreements, confidentiality agreements with both employees and suppliers, and other methods geared towards protecting proprietary information. In the arena of mergers, acquisitions, or other business combinations, we help our clients evaluate and effectuate the transfer of trade secret assets while preserving their value.
We are often called into court to represent clients in connection with injunction proceedings relating to trade secrets. We have successfully obtained temporary restraining orders and injunctions prohibiting the use and disclosure of trade secrets involving computer design, software code, customer lists, and building design. We have also represented defendants accused of misappropriation of trade secrets, and have successfully defeated attempts to enjoin our clients from doing business using non-protected information and technology.
Trademark, Service Mark, and Trade Dress Litigation
Often a company's reputation and business relies upon the public's familiarity with its trademarks, trade names, and service marks. These valuable assets must be protected from the unauthorized use by third parties who attempt to capitalize upon a company's good name and reputation by misappropriating its trademarks or trade dress. Alternatively, there are instances where our clients have been sued for their use of generic, unprotected product names or slogans, and require a vigorous defense.
Our lawyers have litigated both registered and common law trademark and Trade Dress and Service Mark infringement claims to jury verdicts. We are experienced in researching and developing evidence, often through the use of market survey data, to both assert and defend against these types of claims. Our experience is in both state and federal courts, on both the trial and appellate levels.
Porter & Hedges lawyers appreciate the personal value of our clients' intellectual assets, which. embody the financial rewards and emotional attachment of development. We exercise skill and creativity to establish and protect intellectual property rights, including those focused on cutting edge applications in the latest technologies and the Internet.
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