Intellectual Property and Technology


Ervin Cohen & Jessup LLP’s Intellectual Property Litigation and Technology Law Department protects its clients’ trademarks, patents, trade secrets, copyrights, technology and other intellectual property rights. Part of that protection includes turning these rights into revenues through licensing, strategic alliances, key distributorships and other creative models.

Our comprehensive IP counsel includes rigorous enforcement of patents, trademarks, and copyrights by our litigation bench, as well as strategic, commercial exploitation of clients’ rights in marks, designs, technology and other IP. We work with clients from ideation through defending their rights before the U.S. Patent and Trademark Office and courts nationwide, as well as defending our clients’ product lines from allegations of infringement of others.

We work with businesses — from startups to multinationals — on all aspects of intellectual property law. Our experience ranges from products and services related to creative works, aerospace, medical devices, new media, clothing, accessories, high tech hardware, software, and much more.

Intellectual Property and Technology Law Services

Our counsel to clients on protecting and using new and existing IP rights includes:

  • Copyright protection and registration
  • Trademark registration and planning
  • Patent strategies, clearance, and prosecution
  • Trade secrets strategies, including protective agreements and policies
  • Licensing of technology, trademarks and other IP
  • Strategic alliance arrangements for innovation, development, marketing, etc.
  • Development of trade dress, such as product designs and packaging
  • IP asset audits, clearance, and U.S. and worldwide portfolio management
  • Internet-related issues for trademarks and copyrights

When prosecuting a patent, we draft proactive patents and focus on future licensees and maximizing commercial value. We use our understanding of patent examiners’ perspectives and our litigation experience to secure patents valued for their ability to withstand scrutiny by competitors, judges and juries.

IP Litigation Services – Patent, Copyright and Trademark Litigation

ECJ’s IP litigation attorneys have prevailed before the Patent Trial and Appeals Board (PTAB) on behalf of technology innovators, entrepreneurs, global market leaders and other patent owners.

Our attorneys have helped patent owners secure billions of dollars in damage awards upheld on appeal, and we have achieved even more favorable outcomes in settlement conferences and mediations.

Clients rely on our litigators’ trial and advocacy skills at the Patent Office, before the PTAB, and in courtrooms across the country. Areas of our litigation counsel include:

  • Enforcement programs for trademarks, copyrights, patents, trade secrets
  • Defending against allegations of infringement, declaratory relief and other disputes
  • Emergency relief, such as TROs and preliminary injunctions
  • Mediation, arbitration and other non-judicial dispute resolutions
  • USPTO Patent Trial and Appeal Board practice
  • Post grant proceedings, including inter partes reviews and ex parte reexaminations
  • Appellate practice
  • Insurance coverage for copyright and trademark infringement disputes

Our attorneys contributed to the drafting of the America Invents Act of 2012 and have influenced the evolution of design patent law. We also work seamlessly hand-in-hand with other litigators when their business, trademark, trade secret, copyright, or other complex litigation claims are met with high-stakes claims of infringed patents.

Whether defending a client’s patent against claims of infringement or pursuing those responsible for violating their patent rights, we always bring creative approaches to resolving disputes.

Recently, we have prevailed for clients with IP related to trendy products, such as the Razor scooters, Crocs footwear, and Lush branded clothing, as well as brand identifiers for beverage companies that bring you Corona Extra and Vampire wine, entertainers like the Grateful Dead, Bob Marley, and others.

Technical Depth of IP Team

ECJ’s dedicated IP legal team includes well-tested trial litigators, appellate specialists, patent agents and paralegals, among other resources. IP legal team members have backgrounds in engineering, science, mathematics, computer programming, and other technical areas, which furthers our understanding of clients’ IP needs and assets.

We are proud of our frequent collaborative relationships with colleagues who practice soft and hard IP law, especially when conflicts may arise. ECJ attorneys are regularly asked to bolster litigation strategies and decisively invalidate or enforce patents, copyright, and trademarks in question, providing specialized patent litigation experience as needed.


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