Intellectual Property

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  • Overview

    Miller & Martin provides counsel for both breakthrough product developments and refinements of existing products and processes, administering worldwide patent and trademark portfolios and in copyright registrations involving both business and artistic works.

    In the event of infringement, Miller & Martin attorneys take action to protect intellectual property owner's rights or defend our clients against the claims of others. Our focused approach provides clients with effective staffing for the legal requirements.

  • Experience

    • Coordinating and prosecuting portfolios of patents and patent applications for clients domestically as well as internationally, including flooring-related inventions.
    • Assisting clients in the design-around of patent rights of others and providing non-infringement opinions.
    • Negotiating and facilitating the sale of a patent from an inventor to a large company at a purchase price of $1.5 million dollars.
    • Establishing and maintaining trademark portfolios of companies domestically as well as internationally.
    • Registering copyright portfolios for software, education and other companies.
    • Handling software licensing and technology agreements for a wide range of companies in such areas as soft drink bottling, software, manufacturing and communication industries.
    • Coordinating the successful defense of an English public company in the intellectual property litigation brought by a major U.S. retailer in federal courts in Tennessee, Delaware and Wisconsin and the High Court of Justice, Chancery Division, in London.
    • Coordinating the acquisition and sale of international patent and trademark portfolios for over a dozen properties in the consumer product, confectionery, clothing and sports industries.
    • Successfully defended auto parts manufacturer in patent infringement litigation in both federal court and before the International Trade Commission.
    • Successfully brought patent infringement action on behalf of patent owner, including successful defense of Inter Parties Reexamination proceedings before the U.S. Patent Office.
    • Conducting enforcement actions for patents and trademarks, including cease and desist correspondence and litigation in federal courts and before the Trademark Trial & Appeal Board and the Patent Trial & Appeal Board.
    • Represented Defendant in Lanham Act false advertising cases filed simultaneously in the Northern District of Georgia, Southern District of New York and Southern District of Louisiana. Defeated motions for injunctive relief in all three cases.
    • Represented a leading consumer healthcare company in patent infringement litigation in the Eastern District of Texas.
    • Defended a leading consumer healthcare products company in patent infringement litigation filed by Avon in the Southern District of New York.
    • Defended a leading Internet service provider against Lanham Act, state unfair competition and tortious interference claims asserted by a $20+ billion multibank holding company. In a case of first impression within the Seventh Circuit, obtained summary judgment dismissing all of Plaintiff's claims by finding Defendant was immune from liability pursuant to the Communications Decency Act, 47 U.S.C. 230.
    • Defended a publicly traded company in a trademark infringement action in the United States District Court for the Northern District of California.
    • Defeated a motion for preliminary injunction and obtained a ruling that plaintiff had abandoned its trademark by virtue of naked licensing.
    • Defended a litigation support services company in a trade secret, breach of fiduciary duty and unfair competition action in the United States District Court for the Northern District of Georgia. Obtained summary judgment in favor of Defendant, defeated Plaintiff's cross-motion for summary judgment and recovered the costs of the action.
    • Represented a large natural gas marketer in a complex trade secret misappropriation dispute.
    • Favorably resolved patent infringement case involving database encryption.
    • Assisted in the successful resolution of a high profile trade dress case involving the manufacturer of small gasoline engines.
    • Concluded a large scale patent infringement case involving e-commerce mouse over functionality with a highly favorable settlement.
  • Corporate
    Emerging Business
    Financial Services
    Healthcare
    Insurance Litigation
    International/World Law Group
    Technology & Licensing