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Legal Services

Intellectual Property

Archer’s Intellectual Property (IP) Group provides services that span the full range of intellectual property matters, including patents, trademark law, copyrights, trade secrets and confidential information protection, licensing and transfer, and litigation.

Areas of Practice

Patent Services

Our patent professionals bring decades of legal and industry experience, as well as broad technical backgrounds, to offer a full array of patent services in crafting thoughtful and well-tailored legal strategies to advance our clients’ objectives.

Patent Portfolio Development

With regard to patent portfolio development, our patent attorneys have extensive experience to prepare and pursue your patent applications across a wide array of industries and technologies, such as:

  • Medical devices and life sciences, including orthopedics, oxygen delivery and other durable medical equipment, endoscopy, drug-eluting stents, surgical robots, medical diagnostic systems, including AI, and non-invasive medical scanning systems
  • Software-based systems, including enterprise resource planning, auditing, and tracking systems; building and construction systems; e-commerce
  • Radio-frequency and other wireless industrial and manufacturing control systems
  • Environmental remediation and chemical engineering processes and systems (CleanTech)
  • Financial transaction processing (FinTech)
  • Building and construction materials
  • Consumer products and consumer electronics
  • Complex manufacturing and production systems and processes

Our clients run the gamut from emerging growth companies to established companies in their fields, whether in life sciences, electronics, consumer products, or in chemical or complex mechanical engineering fields. Our attorneys work with in-house technology managers, engineers, software developers, doctors, CTOs, and scientists to prepare and prosecute patent applications, in both the United States and abroad.

Patent Counseling & Licensing

In addition to litigation services, our attorneys render opinions regarding patentability, patent infringement and patent validity, perform intellectual property audits, and conduct due diligence investigations. We provide counseling to clients on a wide range of issues, including portfolio development strategies, enforcement or defensive strategies, and the full range of technology transfer and licensing issues. We also assist program managers in preparing joint development agreements and negotiating licenses.

Patent Litigation

When litigation becomes necessary, our attorneys have the patent litigation experience necessary to protect your rights. We have vigorously represented our clients in both defending against charges of infringement and bringing patent enforcement actions.

Trademark Law

Our trademark lawyers offer a full range of services related to trademarks, service marks and Internet domain names. In addition to regularly preparing and prosecuting state and federal trademark and service mark applications (including applications based on actual use, intent-to-use, and foreign applications), they work with a network of firms outside the United States in the handling of foreign trademark and service mark matters, including European Community trademarks. Trademark attorneys also advise clients and render opinions on the availability, use and enforcement of trademarks and service marks.

Copyrights

Our copyright lawyers counsel clients on a variety of copyright matters in such diverse fields as advertising, printed and on-line publications and computer software. They are active in the preparation and filing of copyright registrations, and frequently advise clients on such matters as “work made for hire” issues to ensure that firm clients own the copyrights to works they pay to have created. Group Members are also extensively involved in counseling clients regarding Internet related copyright issues, including those involving framing, linking, and web site development and ownership. Members of the Group also draft company e-mail and Internet usage policies.

Trade Secrets, Know-How and Confidential Information Protection

Intellectual property lawyers provide counsel to clients in ways to protect the confidentiality of their critical business information in the day to day operation of their businesses and in specific transactions, such as hiring employees, contracting with third parties or negotiating the sale of their businesses. Members are commonly involved in drafting and reviewing confidentiality agreements, agreements for the sale of businesses and business assets, employment agreements that contain restrictions on the use and disclosure of trade secrets and confidential information, and covenants against competition.

Licensing and Transfer

As part of the firm’s transactional practice, intellectual property attorneys routinely deal with intellectual property issues (including patent, trademark, copyright and trade secret issues) in the context of both specific intellectual property transactions and larger business transactions. These licensing and transfer lawyers have experience negotiating, drafting and analyzing technology development licensing agreements, security agreements and other transfer agreements. As part of that work, they have specific experience in hardware and software development and licensing agreements, as well as maintenance and support agreements. They also render advice on corporate and tax issues relating to transactions involving intellectual property.

Litigation

Experienced litigators within the Group handle a broad range of intellectual property litigation matters in the state and federal courts and administrative agencies. They handle copyright, patent and trademark infringement cases, as well as U.S. Patent and Trademark Office, Trademark Trial and Appeal Board proceedings, including trademark cancellations, oppositions, and appeals. In addition, they frequently litigate trade secret and covenant against competition cases, and Internet domain name disputes including those arising under the Federal Anti-Cybersquatting Act. Finally, Group litigators work with other members of the Group to provide counseling on strategies for preventing litigation.

Experience

  • Procured domestic and foreign patents in technologies spanning e-commerce methods of doing business, data routing and processing systems, medical devices, and steelmaking, nuclear and other industrial equipment.
  • Manage the U.S. and international trademark portfolios for companies with widely varied markets, including the principal supplier of food items to a large, multinational restaurant chain, and a leading fitness equipment manufacturer.
  • Secured copyright ownership and obtained copyright registrations for a diverse array of works including computer software, website content, marketing materials, books, music, and audio-visual works, including advising an educational institution on receiving a gift of high-profile works posthumously from an alumni, as well as securing copyright protection and assigning ownership of those works.
  • Counseled clients on the best practices for securing and maintaining trade secret protection for information and materials ranging from computer software source code to laboratory practices to new product developments, as well as maintaining the confidentiality of more routine business assets such as customer lists, pricing policies, business plans and financial records.
  • Defended a trademark infringement case against our client, a leading manufacturer of cleaning products, in the United States District Court for the District of New Jersey
  • Defended a patent infringement case against our client, a manufacturer of medical imaging technology, in the United States District Court for the Eastern District of Texas
  • Prosecuted a trade secret misappropriation claim in the Superior Court of New Jersey on behalf of our client, a Massachusetts-based software development company
  • Defended our client, a software development company, against claims of software misappropriation in the United States District Court for the Central District of California
  • Defended our client, an aftermarket vegetation trimmer apparatus manufacturer, against claims for patent infringement in the United States District Court for the District of New Jersey
  • Prosecuted domain name application before the National Arbitration Forum under ICANN’s Uniform Dispute Resolution Procedure
  • Defended our client, a manufacturer of protective sportswear, against claims of patent infringement, brought in the United States District Court for the District of Delaware.

NEWS & EVENTS

09.28.2020 / PRESS RELEASE

Archer Welcomes Three New Attorneys

08.25.2021 / ARTICLES

Two Recent Decisions May Limit the Effectiveness of “Submarine Patents”

10.18.2021 / EVENTS AND SEMINARS

Peter L. Frattarelli to Speak at NJSBA 2021 Midyear Meeting

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