Intellectual Property Disputes
Defending your IP Rights

Litigation Avoidance and Settlement

RKM understands that litigation is expensive and disruptive to your business. A lawsuit will distract you and your employees from running your business. Even the threat of a lawsuit may hinder potential business opportunities. RKM works with its clients to find alternatives to litigation—creating leverage to settle lawsuits and avoid them altogether.

 

Design around

The claims of a patent define the metes and bounds of the subject matter to be protected by the patent. By knowing what a patent protects, you can determine what the patent does not protect. This knowledge can help you design a product that avoids the claims of an existing patent. RKM’s attorneys have a strong background in patent prosecution, which helps them understand and interpret patent claims and provide you with suggestions on how to avoid infringement.

 

Negotiation and mediation

Most IP cases are resolved before they reach trial. As such, negotiation and mediation is an important part of RKM’s IP dispute practice. Information is key to understanding when, and how, to settle a dispute. At the end of the day, you know what is best for your business. RKM believes in giving its clients honest assessments of all sides of a matter to allow you to make the best decision for your business.

 

Website domain dispute resolution (UDRP)

Trademark owners often find imposters “cybersquatting” on a domain name that includes the trademark owner’s registered trademark. The Uniform Dispute Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve disputes related to the registration of internet domain names. The UDRP is designed to create a streamlined process to resolve these disputes at a cost that is significantly less than civil litigation. RKM is experienced at assisting client in using the UDRP to reclaim ownership of domain names that infringe upon their trademarks.

 

Licensing

Sometimes the best way to avoid a dispute is to work together. RKM’s team knows that legal disputes can often be resolved or avoided by finding a business solution. A license can resolve an infringement dispute by providing a person with the ability to use another’s IP without fear of being sued by that person. RKM’s attorneys are experienced in licensing to avoid and resolve civil litigation.

 

Patent post grant proceedings

The validity of the asserted patent is a major issue in most patent litigation—if a patent isn’t valid, it can’t be infringed. The USPTO has a number of patent post grant proceedings in place to challenge the validity of patents.  These proceedings include ex parte reexamination, post grant review (PGR), inter partes review (IPR) and the transitional program for covered business method patents (TPCBM). Parties looking to avoid traditional civil litigation can utilize these proceedings to determine whether or not the claims of a patent are valid in a quicker timeframe, and at a lower cost.

 

Trademark Trial and Appeals Board

The Trademark Trial and Appeal Board (TTAB) has two inter partes proceedings to challenge another person’s registration of a mark: opposition proceedings and cancellation proceedings. These proceedings are similar to a civil litigation in a federal district court. However, due to the differences in procedure, the parties can often obtain a resolution of a trademark dispute more quickly, a lower cost, and with less disruption than traditional civil litigation. 

 

Our Intellectual Property Disputes Attorneys

Joseph A. KromholzFounding Partner
John M. ManionFounding Partner
Dan JohnsonPartner
Patrick J. FleisPartner
Mollie Ambrose NewcombAttorney