Our litigators handle all manner of intellectual property disputes, from routine policing to market share acquisition/preservation to bet-the-company litigation. We are conflict resolution specialists who eschew scorched-earth litigation in favor of well-planned, well-executed surgical strikes. No longer beholden to the lumbering large firm playbook of trying to buy results through brute force, we prioritize achieving client business objectives over billable-hour requirements.
For conventional disputes, we apply our knowledge, experience, and insights to spot less-than-obvious issues, identify strategic advantages/vulnerabilities, and devise tactical, practical, and cost-effective strategies for our clients to win early and often. For the unique or exotic disputes that frequent new and evolving technologies/industries, Leason Ellis thrives on innovating non-traditional, unorthodox, and often disruptive ways for our clients to navigate unprecedented challenges.
Alternative Dispute Resolution & Settlement
While litigation is a tool to protect or defend your rights, settlement offers other strategic advantages. Where settlement best serves the interests of our clients, we make every effort to achieve a favorable resolution of the dispute. As part of those settlement efforts, we are also experienced at negotiating and drafting settlement agreements, assignments, and royalty licenses. Where there is money to be made for our clients, we aim to make it.
Leason Ellis has represented clients in various Alternative Dispute Resolution settings, including private mediations, such as those provided by Judicial Arbitration and Mediation Services (JAMS), as well as court-organized programs such as the Southern District of New York Mediation and Northern District of California’s Early Neutral Evaluation.
Many of our litigation attorneys have received mediation training, and have themselves served as mediators.
Post-Grant Patent Proceedings
Tactical use of post-grant proceedings at the USPTO (as well as patent offices worldwide) can often supply the leverage necessary to efficiently resolve many disputes in their infancy. Whether it’s a patentee looking to enforce a patent against an infringer (patentee-plaintiff) or a party accused of infringing a patent (defendant), Leason Ellis works with clients to identify the most effective strategies for addressing patent disputes and mitigating risks. We also stand ready to defend patent owners in these proceedings, whether PGRs, IPRs or CBMs.
Our litigators understand that you are your brand. We get it and know how to counsel clients as to the most effective and efficient methods for preventing consumers from being led astray. Leason Ellis has handled cases that span numerous industries and implicate all types of trademark rights, including trademarks, service marks, trade dress, product configurations, trade names, domain names, and even telephone numbers. We regularly appear before the USPTO and its Trademark Trial and Appeal Board (TTAB), the federal circuit courts of appeal, district courts, arbitrators, and other tribunals.
When representing rights-owners, we coordinate investigations, send demand letters and, when necessary, commence litigation to enforce our clients’ trademark rights, both through injunctive relief as well as monetary recoveries.
When defending against a putative rights-owner, we are knowledgeable and resourceful in limiting, narrowing, or even invalidating altogether the alleged trademark rights of others.
Whether a new technological advance or a more traditional literary or artistic expression, our copyright practice knows how to protect it. We counsel clients in a broad range of industries, including publishing, photography, music, theater, film, television, apparel, software development, video game development, website development, Internet services, food, toys, consumer products, and advertising.
Our counseling extends to copyright owners and users alike regarding the complex issues that permeate copyright-protected content. We craft and implement effective policing and enforcement programs for each client, such as DMCA-compliant demand letters and take down notices, as well as respond to allegations of infringement made by putative copyright owners. When disputes arise regarding ownership, protectability, infringement, or royalties, we represent parties on both sides of those issues. In many instances, we are able to resolve disputes through education and negotiation. When settlement is not possible, however, we litigate disputes under the U.S. Copyright Act and Digital Millennium Copyright Act (DMCA) on behalf of both plaintiffs and defendants.
False Advertising Litigation
Leason Ellis attorneys are up-to-speed and at the starting block when a competitor is making false claims or competing unfairly; we know that time matters. If false statements or deceptive advertising threatens a client’s brand and goodwill, then immediate relief is needed—we’re on it.
Trade Secret Litigation
More often than not, businesses do not know the value of what they have until its gone. Sometimes the taking is intentional, as when senior-level officers and core employees inevitably change jobs. Other times, a valued business partner may inadvertently go beyond the scope of rights given them to leverage a proprietary asset.
There are many species of trade secrets (formulas, practices, processes, product designs, instruments, patterns, data compilations, customer lists, software, and even business agreements) and many ways to misappropriate them. We counsel clients as to not only how they can identify such protectable assets, but also how protocols can be developed to preserve the inherent economic value of those assets. However, when preventative measures fail, we are adept at efficiently litigating trade secret misappropriation cases on behalf of trade secret owners and defending companies accused of trade secret misappropriation.
Our litigators not only have the background and technical expertise to understand any patentable technology on the planet, but the talent and cogency to enable decisionmakers in any given forum to understand it too. Leason Ellis has successfully advocated our clients’ technology rights in District and Circuit courts throughout the country, including the Court of Appeals for the Federal Circuit, as well as before the U.S. Patent and Trademark Office (USPTO) and the International Trade Commission (ITC).