Obtaining, managing, protecting and enforcing intellectual property should be among the highest priorities of every business concern. Engaging the expertise of BELLES KATZ LLC allows clients to manage and master these critical operations. Our firm creates value for clients by partnering to build and enhance their intellectual property portfolios, while navigating around the intellectual property holdings of others. We work closely and creatively with clients to maximize the value of their intellectual property by employing a range of sophisticated strategies in licensing, teaming and cooperative arrangements, and acquisitions. In performing these tasks we:
- Develop IP strategies for protecting new products and avoiding infringement in the United States and abroad;
- Conduct due diligence on IP assets to assess the value and risks associated with the acquisition and transfer of such rights;
- Enforce IP rights in a cost-effective manner;
- Manage IP rights to ensure that they are afforded the proper duration, scope and value.
Our strength in developing IP protection strategies is getting to know our clients’ businesses and understanding their goals. We are careful to fully protect important assets to their fullest extent, and we are just as careful not to waste resources securing rights for marginal assets. We also help our clients understand the rights of others so that they do not inadvertently subject themselves to infringement liability. By working with our network of business affiliates throughout the world, we are able to make, develop, and implement strategies both domestically and internationally.
Another core BELLES KATZ LLC strength is helping our clients understand the value of a business deal — be it a license, acquisition, distribution agreement, or teaming agreement. We work with our clients to determine the value of any given IP and the risks that might be associated with enforcing it or defending it from attack. With this information, we can together gauge how beneficial different strategies would be to the clients’ long and short term interests. Moreover, our analysis can help decide, among other things, what key terms need to be negotiated; what the scope of a warranty should be; whether an escrow arrangement is needed; and whether there should be liability caps.
When it comes time to enforce IP rights, we provide our clients with various alternatives to litigation, and help them choose the proper course of action. Our ability to evaluate the strengths and weaknesses of particular claims often allows clients to negotiate an acceptable resolution without incurring the costs of engaging in a full-blown dispute. Of course, when it comes to advocating for our clients in adversarial actions, we are well-equipped to pursue such a course skillfully and in a cost-conscious manner. BELLES KATZ LLC offers experience in all aspects of litigation: We have litigated in federal and state courts; contested and defended trademark rights at the Trademark Trial and Appeals Board; handled arbitrations; and negotiated settlement agreements.
And our service does not simply end when IP rights have been secured. BELLES KATZ LLC distinguishes itself by sharing its expertise and acumen with clients striving to realize the full, tangible value of their assets. We help clients monitor and renew their IP rights; protect themselves from competitors and copy-cats; and identify new techniques for exploiting their intellectual property. Whether it’s attaining a contract, securing a license, commercializing technology, finding a distributor, building a brand, or enhancing the state of the art, we understand that value truly comes when our clients achieve their goals.
PATENTS, TRADEMARKS, COPYRIGHTS AND TRADE SECRETS
The core frameworks for protecting intellectual property are patents, trademarks, copyrights and trade secrets. BELLES KATZ LLC possesses great experience and expertise in obtaining protection through all four of these mechanisms, combining them when appropriate to secure the best possible protection for our clients. In addition, we have unique expertise with the regulations governing IP as it is developed, used, and applied in government contracts. We list the various types of services and tasks we perform in connection with obtaining and protecting
- Patentability Searches
- Patentability Opinions
- Patent Preparation and Patent Prosecution, Utility and Design
- Product Clearance Studies, Validity Opinions, and Freedom-To-Operate Opinions Infringement Litigation, Offensive and Defensive
- Appeals to Patent Board of Appeals & Interferences
- Handling All Aspects of Domestic and Foreign Prosecution
- Counseling Clients on Selecting and Developing a Brand
- Oppositions and Petitions to Cancel
- Prosecution Appeals to the Trademark Trial and Appeals Board
- Litigation Relating to Infringement, Dilution, Product Disparagement and Unfair Trade Practices
- Protecting Against Misuse of Trademarks in Internet Related Technologies
- Trade Dress Protection and Enforcement
- Prosecuting Copyright Applications for Written Works, Computer Software, Computer Databases, Internet Websites, Musical Works, Visual Arts, and Multi-Media Works
- Advising on Fair Use of Copyrightable Works
- Litigation Relating to Infringement, Misuse and Inducement
- Works for Hire
- Software Development Using Clean Room Procedures
- Infringement Stemming From Unauthorized File Sharing
- Establishing and Implementing Protection Strategies for Trade Secrets
- Drafting Agreements to Ensure Confidentiality and Non-Competition
- Litigating Trade Secret Misappropriation Claims
- Strategies for Reverse Engineering
INFO TECH, E-COMMERCE & INTERNET LAW
The area of information technology has seen tremendous growth over the past 10 years and BELLES KATZ LLC has been a part of it. We have helped clients with the legal aspects of issues that were largely unheard of just a decade ago, such as computer networking, data protection and encryption, web-site security, digital privacy, data mining, domain name management, and file-sharing. We have aggressively pursued and prevailed against copy-cat web sites and software pirates using the shutdown provisions of the Digital Millennium Copyright Act. We have helped clients put their businesses on the web and migrate their software products to web enabled applications – and, as a result, we have watched them grow their customer base dramatically. We have devised strategies to help data aggregators protect their databases and we have helped data miners identify the limits of their activities. BELLES KATZ LLC has been instrumental in helping clients adapt to the “new economy of the 21st century”, and we look forward to continuing to help our clients navigate and shape the laws and marketplace in this area for years to come.
LICENSING AND TRANSACTIONAL AGREEMENTS
Licensing and other IP transactions allow an organization to maximize the potential of its IP holdings. Whether to obtain better product distribution, enhance existing technologies with state-of-the-art improvements, combine forces with a partner to solve an industry need or any other related need, an organization must carefully assess how to optimize its own IP and how to benefit from acquiring the IP rights of others. BELLES KATZ LLC is extremely skilled in helping organizations negotiate, draft, construe, and enforce the agreements that implement these decisions. Further, we are equally skilled in identifying the “win-win” terms that make our clients good business partners, even in situations that start out in an adversarial posture. In this arena, we bring expertise to:
- License agreements of all kinds and particular software-related licenses
- Distribution, branding, and private-labeling agreements
- Partnering, Joint Venture and Affiliate agreements
- ASP and web-hosting agreements
- Website usage agreements, including security and information management agreements