Litigation

Intellectual Property: Patent, Trademark and Copyright

Patents. Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be commercial (or to have a commercial purpose) to constitute patent infringement. There are basically two different arenas for patent enforcement and defense and both have their advantages and disadvantages.

Federal District Court. The Federal District Court is one venue in which to bring Patent infringement suits. The benefits are that you can collect damages for infringement. The drawback is that it is extremely time consuming and can take up to or over three years to reach a final decision. International Trade Commission. The second venue is the International Trade Commission. This venue provides a means for anyone who has a US patent, has a US foothold and has infringement to bring an action. The benefit is that it is extremely fast, with most cases concluding within a year to 18 months. The drawback is that the only remedy is an exclusionary order, where products are stopped at the border from entering the United States. There are no damages available.

Neither venue is available unless the patentee polices????? the patent. In other words, you need to watch, search and research to seek out infringers. This is often time consuming but may be well worth the effort. Apex also provides police support for patentees. We have been involved in both types of actions and are qualified to assist you with whatever avenue you choose.

Trademark

Trademarks are another unique area of law. Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration.

Trademark infringement can be brought under both State and Federal laws. Trademark, service mark and trade dress infringement, dilution, unfair competition, counterfeiting, cybersquatting and unfair advertising cases are all areas of concern when it comes to Trademark. We are prepared to assist you with your Trademark matter no matter how big or small.

Copyright

Copyright infringement is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works. Apex is here to assist you with all your copyright litigation matters.

Jacqueline, Naoko and maybe Bernel fill this in-experience, where licensed, types of cases.