Second Circuit Denies En Banc Rehearing of Stored Communications Act Decision in Microsoft Case
Advertising Litigation Report: Vol. 2, No. 1
In today’s global marketplace, the development and protection of intellectual property (IP) is crucial to the commercial viability of any enterprise. As IP law is continually being reshaped by the rapid pace of technological change, the acquisition, exploitation, and enforcement of IP rights is an increasingly complex undertaking. To meet this ongoing challenge, companies of all kinds—large and small, domestic and foreign—turn to our Intellectual Property department to provide the full range of legal services that pertain to the worldwide management of IP assets.
We are instrumental in prosecuting and registering IP assets of all kinds, helping clients to apply for and obtain patents, trademark registrations, and copyright registrations. We regularly negotiate licensing agreements, joint ventures, and technology transfer agreements. We provide due diligence assistance regarding the IP aspects of transactional matters. And in an area where heated disputes are inevitable, we protect and litigate our clients’ IP rights.
The more than 45 lawyers that form our group come from a variety of technical backgrounds, and bring deep knowledge and experience to IP issues in such areas as mechanical and electronic devices, biotechnology, pharmaceuticals, hardware and software, telecommunications, and medical devices—to name just a few. We act as trusted advisers to clients in these fields, not just for their ongoing legal issues, but for their increasingly complex business challenges as well. Our approach to these challenges favors small, strategic teams with day-to-day senior involvement. The collective experience of these teams fosters a culture of creative thinking and a willingness to explore alternative theories, which can have a decisive impact on the outcomes of cases.
In IP litigation, this approach has led to a remarkable record of successes for accused infringers, even in jurisdictions widely known to be inordinately plaintiff-friendly. We also represent patent, trademark, and copyright owners in a wide range of infringement claims, working closely with them to develop sound yet cost-effective litigation strategies.
As our IP practice tends to be multi-disciplinary, our attorneys take active roles in much of the firm’s corporate work—M&A, insurance, securitization, private equity, and bankruptcy—all of which frequently have IP components central to their outcomes. In these matters, we work closely with our corporate colleagues to perform due diligence and to interpret both legal and technological issues.