Litigation

1. Commercial Litigation

Our firm routinely handles sophisticated disputes that require excellent courtroom advocacy, extreme attention to detail, and good business judgment. We believe effective legal representation starts with a thorough understanding of our clients and their business. For every new matter, we develop a comprehensive litigation strategy that fits our clients' individual needs and business goals. We then apply that strategy and passionately pursue our clients' interests in court. Our firm has worked closely with Fortune 100 companies, privately held businesses, and individuals involved in a variety of commercial disputes, including fraud, breach of contract, negligence, and breach of fiduciary duties in both state and federal courts.

2. Patent Litigation

Our attorneys regularly prosecute and defend patent infringement cases, appearing in federal district courts throughout the country. Where appropriate, our patent litigation strategy includes administrative proceedings before the International Trade Commission or Patent Trial and Appeal Board of the U.S. Patent Office. Based on our diverse patent litigation and patent prosecution experience, our attorneys are well-versed in the substantive and procedural nuances of a patent case, allowing us to develop detailed litigation strategies in a complex dispute arena. But we don't get mired in the technicalities. Instead, we pursue patent litigation with a business-minded approach, beginning with a clear understanding of our clients' litigation objectives and business goals. We then apply our skills, experience, and creativity to resolve our clients' patent challenges.

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3. Post-Grant Proceedings

Post-grant proceedings allow a party to challenge the validity of an issued patent in an expedited trial-like proceeding before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office. Our registered patent attorneys are eligible to practice before the PTAB and have successfully represented our clients in a number of post-grant proceedings. Our firm's diverse patent litigation and patent prosecution experience allows us to aggressively pursue our clients' interests before the PTAB without losing sight of our clients' broader litigation and/or prosecution goals.

4. IP Indemnity

Companies involved in intellectual property litigation often overlook one of the most significant fee-shifting mechanisms at their disposal—the indemnity provision. Indemnity is a powerful tool to offset risk of litigation. Assessing indemnity obligations arising out of intellectual property disputes requires a unique understanding of both indemnity law and intellectual property law. Our firm has developed significant expertise in intellectual property indemnity, pursing defense and indemnification from third-party suppliers in connection with claims against our clients for infringement of intellectual property rights. In many cases, we are retained exclusively to pursue indemnity from third parties in tandem with outside litigation counsel.

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5. Trade Secret Litigation

As patent law continues to evolve and the scope of patent protection becomes less certain with respect to certain types of technology, companies are relying more on trade-secret laws to protect valuable business information. Unlike patents, which are publically disclosed, a trade secret includes any information that derives value from its secrecy and is the subject of reasonable efforts to maintain its secrecy. We work with our clients to create effective policies for identifying and protecting trade-secret information. When necessary, we protect our clients' trade-secret information through litigation. Sometimes, trade secrets are misused to prevent innovation and competition or to obtain critical information from a competitor through litigation. In those cases, we strive to disprove allegations of trade secret misappropriation while protecting our clients' core business secrets.

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6. Trademark Litigation

Our firm works hard to understand our clients' businesses and the value of their brands. We have devoted a significant portion of our practice to Lanham Act litigation, appearing in dozens of lawsuits and TTAB proceedings on behalf of retailers, franchisors, manufacturers, and more. Our institutional knowledge of the law and broad network of consulting and testifying experts enables our firm to provide efficient and effective representation in trademark and false-advertising litigation. Our experience also allows us to develop forward-thinking strategies and provide high-quality representation in proceedings before the TTAB.

7. Oppositions and Cancellations

Oppositions allow parties to challenge whether a trademark application should proceed to registration, and cancellations allow parties to challenge the validity of a registered trademark, in an administrative, trial-like proceeding before the Trademark Trial and Appeal Board (TTAB) of the U.S. Trademark Office. Our experienced trademark attorneys have an in-depth knowledge of all phases of oppositions and cancellations, and we understand the nuances of practice before the TTAB. Our firm's diverse trademark experience allows us to aggressively pursue our clients' interests before the TTAB without losing sight of our clients' broader business goals. We have represented a wide variety of clients in trademark matters before the TTAB, including clients selling sports equipment, vehicle accessories and parts, cosmetics, DNA analysis, food and beverages, and more.

8. False Advertising Litigation

In today's ultra-competitive markets, some competitors will say anything to gain an advantage. We have substantial experience identifying false or misleading advertising and developing comprehensive solutions to prevent competitive harm to our clients. Applying lessons learned from litigation, we regularly advise our clients on advertising best practices.

9. Domain Name Disputes

Cybersquatters register commercially valuable Internet domain names that trade on the trademark rights of others, with the intention of either selling the domain name for a high price or otherwise profiting from its use. Cybersquatters may register a domain name that matches a business name or a popular trademark if that domain name is not already registered by the rightful owner. Cybersquatters may also register various misspellings of a legitimate domain name that represent common typographical errors. If a cybersquatter has registered a domain name that is diverting business away from your legitimate website, you may be able to recover the disputed domain name through an arbitration process available under the Uniform Dispute Resolution Policy (UDRP). Our attorneys have successfully handled many UDRP disputes on behalf of our clients. Other possible options for resolving domain name disputes include filing suit in federal court under the Anticybersquatting Consumer Protection Act (ACPA) or seeking protection under trademark law or unfair competition laws.

10. Copyright Litigation

Many commercial disputes involve complex copyright ownership and infringement issues. Our attorneys have the experience to identify subject matter eligible for copyright registration, which provides our clients with additional business and litigation protections. On the defense side, we apply our strong understanding of intellectual property law to every case, forcing purported copyright owners to prove all elements necessary to prevail on copyright infringement claims. We also advise on and litigate Digital Millennium Copyright Act (DMCA) disputes.

11. Contingent-Fee Litigation

Our firm understands contingent-fee litigation, and we understand certain claims are best pursued when our interests are directly aligned with those of our clients. For contingent-fee cases, we focus on business and intellectual property disputes, including claims for fraud, breach of contract, patent infringement, and trademark infringement. We select only a few cases each year, focusing on claims that closely align with our firm values and core competencies.

12. Aviation

When dealing with an industry as complex and heavily regulated as aviation, you need attorneys who embrace the challenge and can effectively navigate these issues without disruption to your business. Our team of attorneys, which includes experienced, licensed pilots, has decades of experience guiding clients in contract negotiations, commercial transactions, insurance coverage, all types of aviation related litigation – from intellectual property and commercial to tort and product liability – and regulatory compliance, among other issues. From airplanes to helicopters and everything in between, our attorneys provide guidance in matters involving the Federal Aviation Administration, Department of Transportation and associated regulatory agencies.

13. Insurance

From insurers and reinsurers to policyholders, the attorneys at Harper & Bates have decades of experience resolving client matters in this highly regulated and complex industry. We represent insureds and insurers in litigation covering a wide range of subject areas, as well as insurance coverage issues. Those subject areas include product liability, professional liability and bad faith, negligence and other torts in the fields of aviation, trucking, construction, premises liability, pharmaceuticals and a wide variety of manufacturing operations. We also counsel clients on loss mitigation and dispute resolution.

Intellectual Property Prosecution and Counseling

1. Patents

Patents protect inventions and capital required to develop them. Patents are government grants that give the owner the right to prevent others from making, using or selling the claimed invention for a period of 20 years from the filing date. Our attorneys have extensive experience securing patent rights for our clients by preparing and prosecuting patent applications in the United States and around the world. Our registered patent attorneys have engineering and science degrees, as well as law degrees, so we understand our clients' technology. We have worked with clients in many different industries and across a wide variety of inventions, from simple mechanical devices to complex computer technologies. We also offer patent litigation services to protect our clients' patent rights against third party infringers.

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2. Trademarks

Business reputations are built around brands, such as your business name and your product names. Because your trademarks identify your business as the source of high quality products and services, trademarks are important assets that should be protected and enforced. Our attorneys will work with you to develop appropriate trademark strategies suited to your business needs. We regularly assist clients with obtaining trademark registrations in the United States and around the world. We also enforce our clients' trademark rights when a competitor or other third party attempts to trade on a client's goodwill and business reputation by using a confusingly similar trademark. Enforcement efforts may include sending cease and desist letters, pursuing an opposition or cancellation proceeding before the U.S. Trademark Office, and filing a trademark infringement lawsuit to seek an injunction and monetary damages.

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3. Copyrights

We assist artists, authors and creators of new and original works in protecting and enforcing their copyright interests. Our firm assists clients in identifying copyrightable content and secures protection for such content by registering and securing copyright protection with the U.S. Copyright Office. We also provide copyright litigation/enforcement services to protect our clients against the unauthorized use of their valuable copyrights, and defending them against charges of infringing the rights of others.

4. Due Diligence

Relying on our broad intellectual property experience, we commonly assist clients in technology acquisitions and intellectual property portfolio management. We regularly provide due diligence services related to the examination and audit of patent, trademark and copyright portfolios in the context of asset purchase transactions and intellectual property portfolio acquisitions. Our expertise in conducting due diligence transactions provides our clients with assurance that they are receiving the benefits of the transaction and that the intellectual property assets are valid and enforceable.

5. Licensing

When clients desire to license intellectual property rights to others, our firm stands ready to advance their interests. We regularly prepare and negotiate patent, trademark and copyright licensing agreements in a variety of contexts and technologies, including medical devices, oilfield equipment and software platforms. We work to maximize the licensing benefits for our clients, not only in terms of monetary value, but also in terms of reducing potential liabilities and exposure that may arise in the context of a licensing transaction.

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