Intellectual Property

We have one of the largest intellectual property groups in the region available to handle a myriad of intellectual property issues. Eleven of our attorneys are registered to practice before the U.S. Patent and Trademark Office, and have a variety of science and engineering degrees. Our patent and trademark management software tracks and reports on our clients' extensive worldwide patent portfolios, containing more than 7,000 patent and trademark records.

Jones Walker's Intellectual Property practice extends well beyond the firm's geographic footprint. Our attorneys represent clients located around the country and the world. When localized representation may be advisable for clients with foreign concerns, we regularly assist in the selection and supervision of local counsel. Our locations within the Gulf South region, however, keep Jones Walker's billing rates among the most competitive in the nation.

Our practice group is well positioned to serve clients of any size, region, and industry. The professionals in our Intellectual Property practice pride themselves on turning any creative step—from oil and gas production techniques to neural networks, from architectural works to company brands—into enforceable property rights. We routinely handle transactions, filings and licensing issues for clients.

With respect to disputes over intellectual property rights, our attorneys negotiate with adversaries for outcomes agreeable to all parties, to facilitate otherwise amicable business relationships and to avoid the expense and time consumption of litigation. When litigation becomes necessary, our attorneys rely on their extensive experience as counsel in federal and state litigation involving all areas of intellectual property. Our attorneys handle the full range of intellectual property matters including:

Patents

Jones Walker regularly handles patent protection issues in this country as well as in any part of the world necessary to further clients’ business interests. Regardless of whether the client is an individual inventor, a nonprofit organization, a university, or a Fortune 500^® company, our attorneys work closely with innovators to provide the broadest patent protection available.

Our patent attorneys have extremely diverse scientific backgrounds, which enables us to handle a variety of technologies. Our patent attorneys have been trained in civil, mechanical, electrical, chemical, biomedical and biological engineering, as well as pre-med, mathematics, physics and geophysics. Our patent attorneys have handled technologies in numerous industries, including oil and gas exploration and production, wastewater treatment, nuclear plant equipment, nanotechnology, medical devices, waste disposal, office and computer furnishings, computer systems, safety systems and many more. We regularly handle patent infringement litigation, representing plaintiffs and defendants, including complex multiparty litigation. In connection with actual or perceived threats of litigation, we work with our clients to design non-infringing alternatives, as well as other practical solutions to the expensive and time-consuming specter of litigation.

We develop and negotiate an entire spectrum of relevant agreements for and on behalf of clients, including licenses, assignments, joint venture/development agreements, distributorship agreements, sponsored research agreements, and manufacturing agreements. Our attorneys also provide comprehensive intellectual property counseling in matters relating to the client’s patent portfolio or that of its competitors. In particular, our attorneys routinely strategize commercialization and revenue generation, draft infringement and invalidity opinions, conduct due diligence investigations in advance of corporate transactions, and work with clients to design around troublesome patents. We make every effort to understand the scope of our clients' patent rights and those of their competitors, and evaluate the risks—including litigation—associated with various courses of action.

Technology Transfer

Our attorneys advise clients in all stages of technology transfer in both public and private sectors. For instance, we help major universities review and assess reports of invention, select inventions for patent prosecution or commercial development, and negotiate favorable assignment or licensing terms. We provide advice concerning the manufacture and distribution of products made using our clients' technologies, including the negotiation and preparation of key agreements.

Trade Secrets and Unfair Competition

Because claims of trade secret misappropriation and unfair use of confidential information exist independently and are commonly appended to traditional patent, trademark, copyright, and employment lawsuits, our clients must deal with issues involving the appropriation of trade secrets, as well as the prevention of loss of rights through disclosure. Our attorneys not only litigate trade secret and unfair competition claims, but also counsel clients with respect to their operating policies and procedures to avoid the time and expense of litigation. We also counsel our clients concerning the important, and often confusing, interface between patent and trade secret issues.

Trademarks

Jones Walker protects and enforces clients' trademarks throughout the world. In addition to obtaining state and federal trademark registrations, we routinely secure foreign registrations throughout Europe, Asia, Africa, South/Central America, and the Middle East. We employ state-of-the-art maintenance software to ensure that clients' trademark registrations remain current. Jones Walker regularly manages hundreds of trademark applications and registrations for clients of all sizes in a variety of industries. Our attorneys also develop and negotiate trademark license agreements and work with clients on brand strategies in a broad spectrum of industries. We represent both plaintiffs and defendants in trademark and unfair trade practices litigation.

Copyrights

We assist clients in vetting written materials, including website content, for authorship and ownership of written and artistic works. This includes working with clients to assure that their internal policies take copyright issues into consideration. As artisans become increasingly active pursuers of those who make unauthorized reproductions of their works, Jones Walker defends and prosecutes copyright lawsuits in a variety of subject areas, including the sensitive situations that can arise with the use of engineering and architectural plans, as well as computer programs. Additionally, our attorneys are particularly well-suited to manage those cases that involve an intersection of trademark and copyright subject matter, such as those regarding ownership of graphic design and logos.

Software Licensing

Jones Walker has a wealth of knowledge and experience in creating, negotiating, and where necessary, enforcing software licenses and other technology agreements. In this area, Jones Walker has represented not only software developers, but distributors and software purchasers.