Florida Enforcement Action Lawyer
Experienced and Effective South Florida Intellectual Property Litigators
At Perkins Law, our Florida enforcement action lawyers are ready to represent you in any forum and vigorously pursue or defend your rights regarding your valuable intellectual property and trade secrets. For help with copyright or trademark litigation, trade secret protection or other enforcement actions as plaintiff or defendant, contact our Florida law office for strategic advice and effective representation.
What types of enforcement actions involve patent issues?
The owner of a patent has the power to enforce the patent. Enforcing a patent is typically a long, expensive process and, therefore, patent owners often start by attempting to negotiate a resolution with the infringer. Sometimes this results in the infringing party agreeing to pay a license fee to the patent owner so that the infringer is able to legally continue to use the invention.
Federal law governs patent enforcement. To determine whether patent infringement exists requires a close review and analysis of the claims in the patent – these are statements in the patent that specify the scope of the invention. Literal Infringement exists when all elements of a patent claim are present in the accused product.
Enforcement actions concerning patent infringement may include:
- Willful Infringement – this type of infringement exists where the infringer demonstrates a complete disregard for someone else’s patent
- A Doctrine of Equivalents analysis – this doctrine protects a patent owner if the infringing product does essentially the same function, in the same way, to produce the same result as the patented product
What types of enforcement actions involve trademark issues?
When another party is potentially infringing on a trademark, several questions are typically asked before pursuing an enforcement action. These questions include: What is the strength of the mark? What is its scope? Is an enforcement action likely to be efficacious? What are the consequences of inaction? Is enforcement required to preserve intellectual property rights?
Enforcement actions concerning trademark infringement may include:
- Inter partes proceedings – An alternative to litigation before the USPTO, inter partes proceedings are often the appropriate step to take against another trademark registration or pending application that could damage your mark; opposition, cancellation, interference, concurrent use
- Cancellation, concurrent use, interference and other registration disputes
- Opposition proceedings before Trademark Trial and Appeal Board
- Unfair competition – Protect your mark anywhere in the world from unfair competition through mediation, arbitration or litigation
What types of enforcement actions involve copyright?
Enforcement actions may range from cease and desist letters to litigation seeking injunctions or money damages. A particularly complex area of copyright enforcement in recent decades has centered around the proprietary nature of computer code. Considerations in the area of copyright enforcement often include:
- Protection from infringement
- Defense against infringement claims
- Literal and non-literal copying
- Open source and anti-circumvention
- Secondary liability and fair use
How do you enforce threats to trade secrets?
Our trial lawyers are prepared to go to court to remedy a misappropriation or prevent a threat of misappropriation. Remedies include injunctions as well as claims for money damages and attorney’s fees. We pursue claims under your state’s trade secrets act, the federal Defend Trade Secrets Act and the Economic Espionage Act. Our intellectual property attorneys are skilled and sensitive to the vital aspect of protecting trade secrets during litigation or alternative dispute resolution.
Contact a Florida Enforcement Action Lawyer
Enforcement actions may be necessary to protect intellectual property rights and the value of a brand, from avoiding confusion in the current marketplace to expansion into new markets. If you need to take steps to enforce your brand or find yourself accused of infringing on the IP rights of another, a Florida enforcement action attorney can help you devise and implement an appropriate strategy to protect your rights and meet your goals. Contact Perkins Law for help with enforcement actions in South Florida.