Intellectual Property

Recognized by U.S. News & World Report
and Best Lawyers®

Metropolitan Tier 1, Dallas/Fort Worth
Litigation - Intellectual Property

Metropolitan Tier 2, Dallas/Fort Worth
Patent Law

In a fast-paced, globalized economy, a single great idea can mean the difference between success and failure. The lawyers of Gardere’s Intellectual Property (IP) practice are committed to protecting our clients’ great ideas.

Gardere’s IP clients range from sole entrepreneurs to domestic and multinational corporations. Our clients benefit from our breadth and depth of experience as engineers, scientists, patent and trademark prosecution professionals, litigators and business counselors. 

The Gardere IP team includes professionals with technical training and practical industry experience in a wide variety of engineering and science disciplines, including physics, biophysics, chemistry, mathematics, computer science, chemical engineering, electrical engineering, industrial engineering and mechanical engineering. 

Our full-service team guides our clients through the processes for procurement, protection and enforcement of patent, trademark, copyright and other intellectual property assets, while at the same time supporting seamless access to award winning Gardere lawyers in other areas of law. Dedicated to building long-term client relationships, we are widely respected for our responsiveness, business sophistication and steadfast attention to a client's business needs.

Client Stories

Keeping an Aggressive Competitor at Bay

Where we started: Gardere represents the client in patent preparation and prosecution matters. A competitor is actively engaged in their own program for patent procurement and has shown to be aggressive in asserting infringement claims against weaker competitors. 

Our roadmap: Gardere marshals its technical and legal expertise to work in concert with the client’s engineers during product development. The competitor’s patent portfolio is mapped and analyzed.

And finally: Gardere counsels the client’s product development engineers to ensure avoidance of the competitor’s patents by identifying design around features and invalidity positions, so as to clear new products for market introduction. 

NPE (non-practicing entity) Persuaded to Drop Claims for Patent Infringement

Where we started: Gardere’s IP attorneys represented the client in several previous patent infringement lawsuits, and were relied upon for developing creative and economical strategies. Client is sued for infringement of multiple patents by the NPE. 

Our roadmap: Gardere analyzes the infringement assertion and determines that the client is not infringing. A plan of response, along with an alternative, non-hourly billing arrangement to handle the matter, is presented to the client.

And finally: Gardere meets with counsel for the NPE, presents the facts of non-infringement, and convinces the NPE to drop the claim. Quick movement on the technical and legal analysis, along with a push for a meeting, secures a pre-answer resolution to the dispute. 

Small Company’s Business Name Protected Against Trademark Infringement

Where we started: Client learns that a large company is using a trademark identical to the business name of the client. 

Our roadmap: Gardere assists the client in evaluating the value of its business name and develops a plan to meet with the large company and negotiate a resolution.

And finally: Gardere helps the client enter into a favorable monetary agreement in which the large company agrees to terminate its infringement. Gardere further works with the client in a subsequent sale of its rights in the business name.

Competitor Corporations in Patent Dispute

Where we started: For years, Gardere attorneys have assisted the client in patent preparation and prosecution matters in a broad range of technical fields. Major competitor accuses the client of infringing a number of patents.

Our roadmap: Gardere works with the client’s engineers and a team of outside technical consultants to analyze the client’s patent portfolio and identify several of the client’s patents as infringed by the competitor. Gardere further develops non-infringement and invalidity defenses with respect to the competitor’s patents.

And finally: Gardere presents the infringement, non-infringement and invalidity positions to the competitor leading to a favorable walk-away settlement. 

Protecting Client Domain Names from Cyber-squatters

Where we started: Client discovers a variation of its domain name has been registered by a cyber-squatter.

Our roadmap: Gardere institutes a proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) and secures an order transferring the domain name to the client.

And finally: Gardere’s IP team has successfully resolved dozens of cyber-squatting disputes for its clients.

Patents: Prosecution and Litigation

Gardere's team of patent lawyers, patent agents and litigators has significant experience in both domestic and foreign patent preparation, prosecution and enforcement, as well as building and managing patent portfolios and the commercialization of patented inventions. Many of Gardere’s professionals have worked as engineers prior to embarking upon their careers as patent attorneys and draw heavily upon this experience in representing clients. Gardere’s team of intellectual property specialists not only guide clients through the process for developing intellectual property assets, but also assist the client’s engineers during the design phase with creative engineering solutions that avoid infringement.

The team serves a diverse client base, representing large and small companies involved in:

  • Academia
  • Alarm and security
  • Architecture
  • Building products
  • Chemical
  • Computer software
  • Construction
  • Cosmetics
  • Electronics
  • Integrated circuits
  • Manufacturing
  • Medical devices/health care
  • Mining equipment
  • Nanotechnology
  • Oil & Gas/drilling
  • Pumps and valves
  • Pharmaceutical
  • Retail
  • Telecommunications
  • Transportation
  • Wire and cable

Our team also has significant experience working through the U.S. Patent and Trademark Office and related foreign jurisdictions on patent preparation and prosecution. When global patent issues are involved, our lawyers use the Firm’s network of international associates and local counsel for the protection of our clients' patent assets.

Gardere represents clients in courts throughout the United States. Our lawyers regularly represent both plaintiffs and defendants in the Northern and Eastern Districts of Texas, and are available to serve as Texas counsel to national clients who want experienced attorneys knowledgeable about the local courts and judges.

Trademark Protection

Gardere's IP lawyers help clients protect and defend their trademarks, serving as primary counsel in both domestic and foreign jurisdictions. Businesses large and small benefit from the counsel of Gardere’s trademark attorneys in all phases of trademark procurement and protection through: client counseling during mark development to ensure creation of strong and protectable marks which avoid the marks of others; managing the registration and maintenance of the mark; monitoring for potential infringement; and instigating litigation when needed to protect the mark from infringement.

Trade Secret Maintenance

Protecting an idea with a patent is not always in the best interest of the client. Proprietary products and processes may be better protected by keeping the idea as a trade secret. Gardere's IP lawyers are skilled at reviewing company ideas and balancing the business, commercial and legal issues to advise clients on maintaining trade secret protection. Gardere’s lawyers helped draft the Texas Uniform Trade Secrets Act and related pattern jury charges.

Intellectual Asset Consulting: Analysis, Licensing and Portfolio Management

In addition to traditional counseling, Gardere's IP lawyers provide strategic business advice and consulting services to clients regarding business opportunities involving their proprietary products and technologies. Members of our team routinely review company portfolios, providing strategic advice and counsel concerning the enforcement and licensing of intellectual property assets. The Gardere team also works with companies as general counsel for IP matters in preparing invention assignments, employee invention and trade secret agreements, indemnification agreements and other business contracts with key intellectual property provisions.

Intellectual Property Litigation Avoidance

Our IP professionals work to keep their clients out of litigation. We negotiate to resolve issues so clients can avoid being sued, and regularly monitor competitor IP portfolios and devise strategies for avoiding infringement. In particular, using a combination of technical and legal expertise, Gardere’s lawyers work with the client’s engineers in new product development with an eye toward designing around competitor patents. 

Intellectual Property Litigation: General and Infringement Enforcement/Defense

Gardere's IP litigation team has enforced the intellectual property rights of many clients. These actions have resulted in the recovery of monetary damages, the creation of mutually beneficial strategic alliances between the parties to the lawsuit and, in some cases, both.

Our clients have access to a team of more than 30 patent attorneys, seasoned trial lawyers and  highly specialized technical advisors. We work towards settlements, employ alternative dispute resolution options and, when necessary, try cases.

We have represented companies from start-ups to Fortune 500® giants in complex and bet-the-company patent infringement, copyright, trademark, trade secret and licensing cases, as well as trade dress suits, misappropriation of trade secrets and idea theft claims. These include large, multi-jurisdictional patent litigations, as well as complex trademark infringement, cancellation and opposition actions throughout the world.

Our dispute experience covers a broad range of engineering and scientific disciplines, including:

  • Biotechnology
  • Chemical
  • Computer software
  • Construction
  • Electronics
  • Entertainment
  • Manufacturing
  • Medical devices
  • Petroleum
  • Semiconductor
  • Telecommunications

In addition to enforcement, Gardere lawyers have also defended numerous companies accused of violating the intellectual property rights of others. Our members analyze the issues and procedural maneuvers – including the reexamination and review of the patents-in-suit – to provide clients with defenses that are both effective and efficient.

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