Intellectual Property and Technology

Intellectual Property and Technology | General

Our Intellectual Property and Technology practice provides comprehensive legal services across patents, trademarks, copyrights, trade secrets, and technology transactions, helping clients protect, manage, and monetize their most valuable intangible assets.

Overview

Strategic Protection for Innovation

Since our founding, MC Law has represented some of the world's greatest innovators across every industry and technology sector. Our Intellectual Property and Technology practice combines deep technical expertise with strategic legal counsel to help clients protect, manage, and monetize their valuable intellectual property assets while navigating the rapidly evolving landscape of technology law.

Comprehensive IP Services

Our practice covers the full spectrum of intellectual property matters. We develop and execute patent strategies that align with business objectives, build and protect trademark portfolios that safeguard brand value, secure copyright protection for creative works and software, and implement trade secret programs that preserve competitive advantages. Our attorneys bring technical backgrounds spanning software, electronics, biotechnology, mechanical engineering, and chemistry.

Technology Transactions

We structure and negotiate the technology agreements that power modern business. Our services include software licensing and development agreements, technology transfer and collaboration arrangements, cloud computing and SaaS contracts, research and development partnerships, and open source compliance.

Litigation Excellence

When disputes arise, our litigators bring court-tested experience to every matter. We have secured victories in federal district courts nationwide, before the International Trade Commission, in Patent Trial and Appeal Board proceedings, and at the Federal Circuit.

Industry Leadership

MC Law's IP and Technology practice is recognized as a market leader. The world's most innovative companies trust us with their important, technically sophisticated matters because of our deep expertise, fluency across technology areas, robust industry knowledge, and strategic problem-solving abilities.

Frequently Asked Questions

Businesses can protect innovations through patents, brands through trademarks, creative works through copyrights, and confidential information through trade secrets. The right strategy depends on your industry, assets, and competitive landscape.

Ideally before development begins. Early involvement allows for freedom-to-operate analysis, IP protection planning, and strategic filing decisions that can save significant cost and risk compared to addressing IP issues after launch.

Technology transactions—such as software licensing, SaaS agreements, and technology transfers—raise IP ownership, licensing, and protection issues. Effective counsel requires expertise in both IP rights and technology business models.

An IP audit is a systematic review of a company's intellectual property assets, identifying what IP exists, whether it is properly protected, and where gaps or risks may lie. It is essential for M&A due diligence, fundraising, and strategic planning.

Trade secret protection requires implementing reasonable confidentiality measures including NDAs, access controls, employee training, and departure procedures. Unlike patents, trade secrets have no expiration but lose protection if not kept confidential.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.

Related Matters

StreamCo v. ContentPirate Networks

Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.

Venue: C.D. Cal.Result: Favorable Settlement
PhotoArt LLC v. Social Media Giant

Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.

Venue: S.D.N.Y.Result: $2.4M Judgment
GameDev Studios v. CopyCat Apps

Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.

Venue: N.D. Cal.Result: Preliminary Injunction
MusicPublisher Inc. v. AI Training Corp

Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.

Venue: D. Del.Result: Licensing Agreement
SoftwareCo v. Former CTO

Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.

Venue: E.D. Tex.Result: Summary Judgment
University Press v. Document Sharing Site

Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.

Venue: D. Mass.Result: Default Judgment

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