Boylan Brown

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Intellectual Property and Technology

Intellectual Property - the intangible property rights represented by a company's patents, copyright, trademarks and trade secrets - are normally among the company's most valuable assets.

The Intellectual Property and Technology Practice Group (the IP Group) is fully integrated with the Firm’s business law practice, and works with clients in the acquisition, creation, protection and licensing of rights in intellectual property. Working with members of the Firm’s Business & Corporate Group, the Group advises clients in connection with such matters as hardware and software contracts, mergers and acquisitions of technology companies, and the structuring and financing of technology ventures. Members of the Firm’s Litigation Group, in conjunction with the IP Group, handle litigation arising out of intellectual property or technology rights.

Trademarks

Members of our IP Group assist clients in establishing, protecting, and enforcing their trademarks, service marks and trade names. Our services include conducting appropriate searches to determine the availability of marks, prosecuting state and Federal registration of marks, and negotiating and drafting of licenses and assignments. If disputes arise, our IP Group works with the Firm’s Litigation Group in counseling clients regarding cease-and-desist letters and litigation.

Copyright

Boylan Brown attorneys are experienced in counseling clients regarding a broad variety of works entitled to copyright protection. We work with our clients in determining how best to obtain, maintain, and enforce their rights in works such as computer software, works of art, literary works, maps, music, and images. We assist our clients in entering into licensing, joint venture, assignment, development, distribution, employment, and consulting agreements dealing with copyrightable works.

Patent

Boylan, Brown has patent counsel on staff, as well as a well-established working relationship with the highly respected patent law firm of HULSEY Intellectual Property Lawyers, P.C. In addition, we team with patent counsel in fashioning licensing arrangements for our clients, and in both the prosecution and defense of patent infringement actions. In that capacity, we have provided litigation services regarding patents in a variety of new and emerging technologies.

Trade Secrets

Attorneys in our IP Group advise clients on how to best protect their trade secrets and other confidential and proprietary information. In addition to providing non-competition, non-disclosure, and confidentiality agreements, we also advise clients on developing internal policies to maintain the confidentiality of trade secrets. With the Firm’s Litigation Group, we prosecute and defend claims involving non-competition agreements, unfair competition, and trade secret misappropriation.

Employee Agreements

We assist clients in implementing appropriate agreements with their employees and contractors who create their intellectual property, including non-competition, non-disclosure, non-solicitation, and invention assignment agreements. In conjunction with our Employee Benefits Group, we also advise our clients in structuring plans to attract key technical talent through the use of deferred compensation agreements, qualified and non-qualified stock options, and other creative incentive compensation plans.

Licensing and Other Transactions

Boylan Brown’s intellectual property attorneys have extensive experience in structuring, negotiating, and drafting licenses of property protected by patent, trademark, copyright, and trade secret protection. We have assisted our clients in entering into mutually beneficial relationships as licensees, licensors, developers, and joint venturers. We represent software developers, inventors, distributors, and a variety of other owners and licensors of intellectual property in establishing and maintaining business relationships, such as OEM and VAR agreements, and sales and distribution agreements. Our attorneys are experienced in the intellectual property aspects of merger and acquisition transactions. We are able to draw on our experience as well as that of members of our Business & Corporate and Tax Groups to structure and document transactions to meet the objectives of our clients. We advise clients on use and protection of information distributed over the Internet.

Intellectual Property Litigation

Our firm’s Litigation Group is experienced in both the prosecution and defense of intellectual property claims, including patent, copyright and trademark infringement actions and trade secret disputes, and antitrust issues that frequently arise out of such claims. We treat intellectual property litigation as a complex commercial dispute, which needs to be effectively managed so that the client can continue to conduct its business without interruption while the claim is pending.

Due to the costly nature of litigation, we have developed case analysis and case management practices designed to be responsive to our clients’ business needs, rather than engaging in needlessly contentious and cost prohibitive litigation tactics. We work with our clients to carefully craft the proper litigation strategy to minimize the cost of and disruption to our clients’ business and to work towards a successful resolution consistent with the clients’ needs. Our litigation practice philosophy is result-oriented with an eye towards resolving the intellectual property dispute at the earliest stage of the litigation process so that our clients can make business decisions with reasonable certainty with respect to the disputed property. We aggressively litigate our clients’ interests to both leverage their position to obtain the most favorable settlement posture, and to be thoroughly prepared for trial in the event a court resolution is necessary.

Venture Structuring and Financing, Services to Investors in Technology Companies
Members of the IP Group work closely with members of the Business & Corporate Group in all aspects of financing of technology companies, from start-up to maturity. Services in this area include not only those services generally provided for the creation and protection of intellectual property, but also the crafting of provisions in investment agreements and related documents to define and protect the interests of the various parties.

Our attorneys also work with members of the Business & Corporate Group in assisting investors in technology companies, with analysis of the enterprise, structuring of the investment, and the drafting and negotiation of the documentation for the transaction.

Boylan Brown
2400 Chase Square
Rochester NY 14604
Tel: 585 232-5300
Fax: 585 232-3528
E-mail: info@boylanbrown.com

Boylan Brown, founded in 1974, is focused on business and corporate legal services and wealth succession planning. Today, we have over 35 attorneys practicing in New York State and strategic relationships with partner firms in a variety of markets around the country and around the world to serve the growing domestic and global needs of our business and corporate clients.

We regularly represent start-ups and middle market companies as well as some of the largest and most sophisticated organizations in their respective industries. Our practice brings our standard of excellence to bear in proactively protecting our clients’ position and assets and supporting the growth and development of their business - from financing through private investment funds and venture capital, negotiating complex agreements and sophisticated transactions, to mergers and acquisitions, IP and succession planning.

“Our goal is to maintain a dynamic legal practice that can evolve in response to our clients’ political, social, domestic and global realities.”

We have distinguished ourselves from other firms through unique perspectives on the way a law firm delivers value to its clients and by redefining the traditional law firm business model to focus on efficiency, innovative practices and the creation of a deeper value model. Our business model is designed around the ever-changing needs of our clients and the dramatically changing and challenging environment in which they live and work.