Intellectual Property Litigation

Hatch-Waxman governs pharmaceutical patent disputes triggered by generic drug applications. Brand companies file suit within 45 days of receiving paragraph IV certification, triggering a 30-month stay of FDA approval. Cases require specialized knowledge of patent law and FDA regulations.

Trade secret litigation under the Defend Trade Secrets Act and state laws requires showing the information qualifies as a trade secret, reasonable measures were taken to maintain secrecy, and the defendant misappropriated it. Remedies include injunctions, damages, and in exceptional cases exemplary damages.

The International Trade Commission investigates unfair import practices including patent and trademark infringement. ITC proceedings are faster than district court, offer exclusion orders blocking imports, and provide a powerful enforcement tool for IP owners facing infringing imports.

The PTAB conducts inter partes review, post-grant review, and covered business method review to challenge patent validity. PTAB proceedings offer faster, less expensive alternatives to district court invalidity defenses and have become a critical component of patent litigation strategy.

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.