Intellectual Property

Intellectual Property Law Blog

Kean Miller’s 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.

Infringement Litigation
  • Kean Miller defended a Fortune 500 major oilfield services company in a case involving claims of patent infringement, misappropriation of trade secrets, and other related claims. Through motion practice we were able to have the court dismiss several of the claims, including the claims for patent infringement.  We successfully challenged several over-reaching discovery attempts by the Plaintiff.  A favorable settlement was obtained for the client.
  • Representation of a Fortune 50 oil and gas operator in the defense of claims of trade secret misappropriation, breach of contract, and various federal statutes. 
  • Representation of an oilfield service provider in claims of patent infringement and patent invalidity. 
  • Representation of a manufacturer of a home improvement product in patent infringement suit.
  • Representation of chemical research corporation in a patent infringement lawsuit.
  • Representation of software developer in claims of misappropriation of trade secrets and copyright infringement.
  • Representation of a large manufacturer in enforcing copyrights and trademarks and in defending antitrust allegations.
  • Representation of a buyer of artwork denounced by artist in an issue of copyright infringement and breach of contract. 
  • Representation of company in claims of misappropriation of likeness and trademark infringement related to a Major League Baseball player.
  • Representation of a manufacturer and seller of goods in claims of trade dress misappropriation. 
  • Representation of an apparel company in claims of trade dress misappropriation. 
  • Representation of online marketing company in claims of trademark infringement. 
  • Representation of hunting industry manufacturer in enforcement of patents and trademarks. 
  • Representation of architecture firm in the enforcement of copyrights for home designs. 
  • Trademark Opposition actions on behalf of numerous clients to oppose the registration of competing trademarks with the U.S. Trademark Office. 
  • Representation of publishing company in the defense of claims of copyright infringement.
Intellectual Property Portfolio Management
  • Prosecution, maintenance, and enforcement of global patent and trademark portfolio for producer of nanotechnology based lubricants, additives, and surface coatings.
  • Prosecution, maintenance, and enforcement of global patent and trademark portfolio for global  company producing EPDM and polymers.
  • 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 leading industrial safety company in management of its international intellectual property portfolio.
  • 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 companies in protecting and enhancing their brands through Brand Management Programs.
Patents
  • Representation of numerous clients in prosecution of patent rights in front of the United States Patent and Trademark Office including a national oil and gas company, chemical companies, three Louisiana universities, a national oceanographic institute and research facility, a major hunting industry manufacturer, companies providing services to the oilfield and energy sector, the manufacturer of BBQ and grilling equipment, an off-shore rig company, start-up companies, and independent investors.
  • Representation of clients in the successful prosecution and maintenance of patent applications in the United States Patent and Trademark Office and internationally through the Patent Cooperation Treaty, obtaining patents in over 30 countries. 
  • 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 manufacturers of international fragrance products, apparel, and children’s products in trade dress claims.
  • Registration of trademarks in over 40 countries with the assistance of our global network of counsel. 
Copyrights
  • Representation of a large manufacturer in enforcing copyrights and trademarks and in defending antitrust allegations.
  • 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 authors and artists with respect to protection of designs and characters.
Trade Secrets and Unfair Competition
  • Counsel clients on the development of systems and use of agreements to maintain the secrecy of proprietary and confidential information. 
  • Examples of litigation in this area are provided above. 
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).
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
  • Infringement litigation