Intellectual Property

Kean Miller maintains one of the largest patent, trademark and copyright practices in Louisiana.  Our intellectual property team provides counseling on how to best protect proprietary assets and represents clients in infringement litigation or other types of disputes involving intellectual property.  Kean Miller handles intellectual property matters in many areas, including the preparation and prosecution of patent applications with the U.S. Patent and Trademark Office, patentability studies, patent infringement opinions, evaluation of trademark searches, the preparation and prosecution of state and federal trademark registrations, and preparation of copyright registrations.

We have a unique ability to prepare and implement proprietary programs for businesses, to include the preparation of non disclosure and non compete agreements, representation of both plaintiffs and defendants in infringement litigation involving patents, trademarks, or copyrights and in business litigation with claims of unfair competition or theft of trade secrets, and intellectual property valuations.

Intellectual Property Portfolio Management:

  • Representation of a global construction and engineering firm in all aspects of its intellectual property portfolio
  • Representation of a national outdoor advertising firm in various aspects of its intellectual property portfolio, patent protection, and patent infringement litigation
  • Representation of a multistate grocers cooperative in all aspects of its intellectual property protection, licensing agreements, consulting agreements, and other arrangements relating to the development and application of computer software
  • Representation of major hunting industry manufacturer in all aspects of its intellectual property development and technology licensing program
  • Representation of a major Louisiana university in a wide range of intellectual property, technology transfer and commercialization, and licensing matters
  • Representation of numerous Louisiana companies in protecting and enhancing their brands through Brand Management Programs

Patents:


  • Representation of an international pharmaceutical company in patent aspects of U.S. based research effort
  • Representation of a global construction and engineering firm in obtaining patents for environmental technologies
  • Successfully appealed previously rejected patent application before the Patent Appeal Board by redrafting rejected claims and filing a successful Appeal Brief

Trademarks and Trade Dress:


  • Management of a portfolio of trademarks for a publicly-traded home health services company
  • Representation of a local telecommunications provider with respect to trademark protection and in connection with false advertising claims
  • Representation of a bottled water company in a trademark infringement matter
  • Representation of a manufacturer of wildlife nutritional products in protecting and enforcing its trademark portfolio
  • Representation of various retailers, restaurants, advertising companies and other businesses in a wide variety of trademark and copyright matters
  • Representation of numerous clients in prosecuting trademark applications before the United States Patent and Trademark Office and instituted opposition proceeding before the United States Trademark Trial and Appeal Board
  • Representation of an international fragrance manufacturer in trade dress claims

Copyrights:

  • Representation of a national home health services company in copyright infringement litigation with respect to a complex technology product developed by the company
  • Representation of designers and manufacturers in copyright infringement and unfair competition action in United States District Court
  • Representation of a national home health provider in a copyright infringement claims
  • Representation of a large manufacturer in enforcing copyrights and trademarks and in defending antitrust allegations
  • Representation of authors and artists with respect to protection of designs and characters
  • Representation of designer/manufacturer of works of art in copyright infringement and unfair competition action in United States District Court

Trade Secrets and Unfair Competition:

  • Representation of large industrial company in defending claims of conversion, misappropriation of trade secrets involving project control system software
  • Representation of a manufacturer in defending trade secret and unfair competition claims

Patent Infringement Litigation:

  • Successful representation of a manufacturer of a home improvement product in an $800,000 patent infringement suit
  • Representation of chemical research corporation in a patent infringement lawsuit
  • Representation of a leading industrial safety company in management of its international intellectual property portfolio

Internet, Software and Technology:  

  • Representation of numerous clients in connection with Internet copyright infringement claims pursuant to the Digital Millennium Copyright Act
  • Representation of a multistate grocers cooperative with regard to licensing agreements, consulting agreements, and other arrangements relating to the development and application of computer software
  • Representation of trademark owners in unique issues involving the Anti-Cybersquatting Piracy Act (“ACPA”)
  • Negotiation of a biotechnology joint venture involving a major medical foundation  

Representative Industries:

  • Advertising
  • Engineering
  • Hunting and Fishing
  • Bioscience
  • Chemical and manufacturing
  • Computers and technology
  • Electronics
  • Healthcare and medical devices
  • Energy and electricity
  • Software
  • Waste treatment
  • Retail
  • Restaurants

Areas of Expertise:

  • Patents
  • Trademarks
  • Copyrights
  • Trade secrets
  • Trade dress
  • Unfair competition
  • False advertising
  • Business method patents
  • Infringement litigation