Intellectual Property

Intellectual property is a key component of any well thought out business strategy. The decisions that are made in formulating and implementing intellectual property goals must advance the overall business strategy - a strategy that changes as the goals and needs of the business change. To make this happen, a business' intellectual property counsel must be able to handle complex, as well as routine, intellectual property issues. Almost more importantly, IP counsel must be able to understand the business of the client, its goals and the environment in which it operates, as well as possess the ability to communicate effectively to achieve these goals.

Regardless of your company's size or industry, Keevican Weiss & Bauerle's Intellectual Property attorneys have the experience to work with you to put into place a cost-effective plan. We have represented companies of all sizes in a variety of industries, including financial, computer and software, medical, the Internet, and manufacturing.

Members of our team practice in many forums, including the United States Patent and Trademark Office, the United States Copyright Office, state and federal courts throughout the country, and the International Trade Commission.

Our representation of clients on patent matters has included:

• Represented a developer and manufacturer of data router systems in connection with U.S. and international patent application filings for a router, a web encryption system and a network firewall.
• Represented developers and manufacturers of mining equipment in connection with patent applications for a fiber optic remote control system, continuous mining machines, a mobile conveyor, track mounted equipment and various roof support systems and devices.
• Drafted and prosecuted patent applications involving electrical and electronic devices: CATV 1-GHz repeater station, broadband RF-type distributed amplifier, method for improved silicon wafer processing and integrated circuit (IC) card.
• Drafted and prosecuted patent applications involving business methods and computer applications including internet and closed-network subscriber applications; portable computer software products; methods for law enforcement; and a fuel pump controller/communication device.
• Drafted and prosecuted patent applications involving consumer products including power and hand tools, valve assemblies, transporting device for heavy fabric, strut/spring clamp, pool-cover assembly, writing instruments, ballistic pellets and a stringed musical instrument.
• Fought and won a dispute over rights to use a patented device threatened to derail completion of a $210 million continuous annealing line being installed by a client in the mill of a large integrated steel company.
• Defended a generic drug manufacturer against three patent infringement suits brought by a proprietary drug manufacturer. In all three situations, our client was able to market its product, and in one case, we were able to recover a substantial amount on a counterclaim.
• Obtained summary judgment on behalf of a large European multinational client that was sued in Federal District Court for patent infringement and breach of contract by a competitor. The client faced millions of dollars in damages and the potential shutdown of a $150,000,000 production line. We obtained summary judgment even though the agreements were highly complex documents, the facts of the case spanned thirty years, and the District Judge had warned us that any summary judgment motion would be futile.
• Defended an Italian manufacturer of complex camera dollies and its American distributor in a patent infringement and trade dress suit in Federal Court brought by a California competitor. The plaintiff sought nearly $10 million in damages. After a seven week jury trial, a verdict of only $200,000 was awarded.
• Our representation of clients on trademark matters has included:
• Defended a Fortune 500 company against claims of copyright and trademark infringement, trademark dilution, Lanham Act violations and unfair trade practices, by asserting ownership rights to design drawings and 3-dimensional novelty gift items which were manufactured in Asia and purchased by our client for resale in the United States. Following extensive discovery and our filing of a Motion for Summary Judgment, plaintiff voluntarily dismissed all claims.
• Successfully represented the owner of the exclusive endorsement rights of a famous celebrity against counterclaims for trademark infringement and dilution resulting in a dismissal of the counterclaims and a favorable settlement for our client. Obtained a favorable verdict against allegations of trademark infringement for use of a modified software package. We proved that the software was distinct and that our client did not breach the contract nor violate the plaintiffs' trademark rights.
• Represented an engineering consulting firm in a trade name dispute brought under state law resulting in a summary judgment ruling in favor of our client.
• Represented a national restaurant chain in connection with trademark infringement claims against a restaurant.
• Represented a trademark applicant in an opposition filed by a major sports league, before the Trademark Trial and Appeals Board, obtaining a favorable consent order prior to trial, and obtaining federal registration of the opposed trademark.