Highlights

Intellectual Property

Overview
Civil Litigation
Counseling
White Collar & Investigations

Zuckerman Spaeder LLP’s intellectual property (IP) litigation and counseling practice is built around a core of trial and appellate lawyers with diverse industry experience. We have represented firms and individuals involved in such varied enterprises as book and video game publishing, film production, software development, rail technologies, surgical devices, cancer research, gift catalog sales, and media sales and distribution. We have both prosecuted and defended claims regarding the ownership, licensing, and infringement of intellectual property. Our matters have involved claims and defenses arising in the areas of copyright, trademark, patent, and trade secrecy law. We have also represented law firms alleged to have breached the standard of care or ethical obligations in their handling of IP filings, registrations, and licenses.

Whatever the specific matter, we work with each client to develop a sound litigation strategy grounded in the client’s business and technology. This process draws upon a full spectrum of options, from counseling and negotiation through trial and appellate litigation.

Our IP team includes some of the firm’s most accomplished litigators, many of whom have been recognized in industry guides such as The Best Lawyers in America, Chambers USA, International Who’s Who of Business Lawyers, and similar publications. Two members of the practice are fellows of the American College of Trial Lawyers, one of the premier legal associations in America. Our lawyers have published on IP and litigation topics, and regularly attend and speak at conferences on current issues.

Experience Highlights

IP-related claims can threaten the core of a business, particularly for firms that produce or rely heavily on intellectual property assets. Zuckerman Spaeder has a track record of successfully handling these types of highly sensitive matters and protecting our clients’ core business interests.

Zuckerman Spaeder’s IP practice is different from many specialty firms because we are, first and foremost, trial lawyers who handle all manner of complex civil and criminal litigation. At the same time, though, we are comfortable delving into new areas of technology and we understand how to present complex issues in ways that a judge and jury can understand. Early in each engagement, we focus on developing a thorough familiarity with the client’s technology and industry, including where appropriate through early consultations with experts.

Whenever possible, we strive to resolve disputes outside the courtroom. We are mindful, though, that in some cases the optimal result can be achieved only through aggressive litigation through trial and, if necessary, appeal. 

Experience

As litigators, we are well aware of the costs and risks associated with protracted IP litigation. Litigation can have devastating consequences for a smaller firm, or for a nascent technology. In some instances, a favorable jury verdict may prove to be a Pyrrhic victory if it comes after lasting damage to the client’s business. That is one reason why the successful resolution of IP matters frequently involves counseling ‎and negotiation, including approaches designed to avoid or mitigate risk and cost‎. Whatever the unique circumstances facing each client, we have a strong record of helping clients achieve their objectives without resorting to litigation.

Experience

Zuckerman Spaeder’s IP litigation team includes former prosecutors with significant trial and appellate experience related to white collar and other criminal matters. Zuckerman Spaeder’s deep experience handling white-collar criminal matters complements our IP litigation practice, making us especially suited to defend businesses and individuals suspected or accused of IP crimes, such as criminal counterfeiting, piracy, or hacking.

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