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Practice Areas

As specialists in the practice of Intellectual Property law, CVMS attorneys provide experienced counsel, litigation, and other services to serve the needs of clients in these areas.

Patents

From mechanical inventions and innovative designs to cutting-edge electronics, software, chemicals and pharmaceuticals, CVMS applies decades of experience in every aspect of U.S. and international patent practice. The firm's capabilities include:

  • Designing economically sound patenting strategies
  • Patentability searches
  • Preparation and filing of patent applications worldwide
  • Full representation before the U.S. Patent and Trademark Office and all foreign patent offices, including patent prosecution, reexamination, opposition and interference proceedings
  • Validity and infringement searches and opinions
  • Resolution of patent disputes
  • Plant variety protection through filing and prosecuting U.S. and foreign plant patent applications

Trademarks

Each year CVMS files hundreds of trademark applications, both domestically and internationally. The firm has longstanding relationships with associate intellectual property firms worldwide to expedite filing and obtaining foreign trademark registrations. Its in-house and outsourced trademark search resources can identify and alert clients to potentially conflicting trademarks. CVMS is highly experienced in enforcing and defending its clients' trademark rights by litigating in state and federal courts, and by initiating and defending trademark oppositions, cancellations, and concurrent use proceedings.

Copyrights

CVMS guides the creators of original materials - including software, instruction manuals, novels, music, sculptures, paintings, and dramatic works - through the copyright registration process that secures for copyright owners the exclusive rights to reproduce, adapt, publicly distribute, publicly display, and perform their copyrighted works. Once the rights are secured, the firm assists the copyright owners in enforcing and licensing those rights.

Trade Secrets

Proprietary information, competitively sensitive information and certain technological advances may be best protected by keeping them secret. CVMS helps its clients identify and inventory its trade secrets and determine the best method for protecting such information. The firm prepares trade secret protection programs to not only help protect the secrecy of its client's information, but establish enforceable programs that will provide the firm's clients adequate remedies in the event of trade secret misappropriation.

Unfair Competition and False Advertising

The U.S. trademark laws include protection against passing off imitation products, trade libel and false advertising. CVMS attorneys are trained to recognize these practices, advice the firm's clients regarding its rights and remedies and, if necessary, enforce such rights.

Infringement And Validity Opinions

Clients often consult CVMS before entering established markets to avoid infringing other companies' patents or trademarks. CVMS analyzes other parties' patent positions - including the validity of its patents - and recommends specific non-infringing product designs, arranges to obtain components from the patent holders, or negotiate licenses. Such solutions save clients millions of dollars in unnecessary litigation expenses by avoiding liability before entering a market.

Counseling

In addition to performing specific work such as patents, CVMS advises clients on their rights, obligations, plans, and internal management of intellectual property assets. The firm offers counseling on such IP-specific matters as:

  • The validity and scope of U.S. and foreign intellectual property rights
  • Freedom-to-commercialize searches and opinions
  • How to protect research and development
  • Whether to pursue trade secret or patent protection
  • Selection of new product names, trademarks and designs
  • Licensing, joint development, consulting, confidentiality, and employee agreements
  • Patent strategies that protect against competitors who try to design around clients' patents

Litigation

When called upon by clients, CVMS actively and aggressively enforces and defends against claims involving patents, trademarks, copyrights, unfair competition and false advertising. The firm represents clients in all federal courts, and in administrative proceedings before the U.S. Patent and Trademark Office, foreign patent and trademark offices, and the International Trade Commission. CVMS has also worked with the U.S. Customs Office to prevent the importation of infringing goods. The firm has represented clients successfully in high-profile, highly complex jury trials, in many cases obtaining favorable settlements before trial began. CVMS maintains relationships with IP law firms worldwide to enforce or defend its clients' intellectual property rights internationally.

Acquisitions

Before deciding whether to acquire a company's intellectual property assets, clients call on CVMS to evaluate their strength and validity … and to uncover hidden problems, if they exist. The firm applies its more than three decades of experience to find liabilities that may adversely affect an asset's value, such as potential infringement and breach of confidentiality claims, express and implied licenses to third parties, title or inventorship challenges, lapsed patents or expired trademark registrations.

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Licensing and Technology Agreements

Licensing is a common way to exploit the commercial value of intellectual property. CVMS attorneys are trained to recognize the opportunities for licensing, advise regarding license negotiations and prepare license agreements. The firm's lawyers are similarly skilled with respect to technology transfer agreements, technology sharing agreements, joint development agreements and nondisclosure agreements.

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IP Portfolio Management

In addition to assisting its clients in developing a portfolio of intellectual properties, CVMS attorneys are experienced in helping its clients maintain the portfolio by maintaining a record of the status of the various properties, insuring that all periodic fees are paid, advising its clients concerning opportunities to expand the portfolio and protecting the assets in the portfolio against potential and actual harm.

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CVMS attorneys hold law and science degrees, so they understand their client's IP assets.

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