Intellectual Property

Intellectual property includes inventions, software, processes and literary/artistic works, as well as symbols, names, images and designs used in commerce.

Fitzpatrick Lentz & Bubba understands that almost every business has some form of intellectual property (IP) that should be protected and offers a wide range of services critical for twenty-first century businesses.

At FLB, we address your IP matters with efficiency and efficacy. We have one of the area’s only Registered Patent Attorneys and all our attorneys handle a range of IP matters including copyright, trademark and patent law, as well as trade secrets and unfair competition. We conduct IP audits and evaluations, in order to support your company’s strategic plans, assess where your company may be at risk, or identify opportunities to maximize the value of its intellectual capital.


Our Services Areas

 

Technology and Intellectual Property Transactions and Policies

  • Tech licensing and contracting
  • Domain name transfers
  • End user license agreements
  • Hardware purchase agreements
  • Master license agreements
  • Master service agreements
  • Network usage policies
  • Privacy policies
  • Requests for proposal
  • Service level agreements
  • Software as a Service (SaaS)/cloud/Application Service Provider (ASP) agreements
  • Software customization agreements
  • Software distribution agreements
  • Source code escrow agreements
  • Source code license agreements
  • Statements of work
  • Web hosting agreements
  • Website copyright and trademark notices
  • Website terms of use policies

Intellectual Property Strategy, Acquisition and Monetization

  • Competitive patent landscape mapping
  • Patent portfolio strategy
  • Employee patent and trade secret training
  • Patentable innovation and trade secret counseling and workshops
  • Invention disclosure procedures
  • Patent acquisition
  • Patent licensing
  • Patent monetization
  • Patent portfolio pruning 

General Intellectual Property Legal Services

  • Copyright registration
  • Copyright fair use counseling
  • Copyright licensing
  • Digital Millennium Copyright Act (DMCA) safe harbor counseling
  • Due diligence
  • Freedom to operate studies/non-infringement studies (patent)
  • Invention assignments
  • IP asset sale/purchase agreements
  • Non-disclosure agreements/confidentiality agreements
  • Patent validity/invalidity studies
  • Trade secret policies
  • Trademark registration
  • Trademark search

Intellectual Property Litigation

  • Copyright
  • Trademark
  • Trade secret
  • Unfair competition

Representative Matters

 
  • Successful defense of preliminary injunction claiming misappropriation of trade secrets in cryogenics business, leading to dismissal of case against clients
  • Obtained judgment in favor of client and against former employee for misappropriation of trade secrets and wrongdoing, resulting in permanent injunction against former employee and award of attorney’s fees in favor of client
  • Successful defense of patent infringement claim before the United States District Court and reinstatement of named inventor to patent
  • Obtained an injunction and then default judgment on the basis of copyright infringement and the Lanham Act on behalf of an art instruction company in the Eastern District of PA.
  • Negotiated a resolution to a federal suit regarding a dispute over succession to the trademarks previously used by a defunct company in the core cutting industry in the Eastern District of PA