Intellectual Property

Katten serves domestic and international companies seeking to protect and benefit from their intellectual property, including industry leaders in apparel, entertainment, telecommunications, software, electronics, health care and insurance. Our attorneys have spent their careers in intellectual property law and have built one of the nation’s leading practices. We have demonstrated skill, experience and depth in matters such as complex transactions, licensing valuable technology and brands, and high-profile lawsuits where a company’s most valuable intellectual property is at stake.

Katten's seasoned litigators enforce and defend our clients’ IP rights in jurisdictions across the United States and abroad. Much of this litigation involves cutting-edge issues of intellectual property law. We provide guidance on issues relating to new media and emerging rights, and claims involving social media, cyber torts, computer fraud, keyword advertising, pricing and the First Amendment. Our experienced transactional attorneys assist clients in capitalizing on their IP rights through licensing, joint venture and technology transfer agreements and advise clients concerning the validity and valuation of intellectual property when they are faced with mergers, acquisitions and dispositions. We also assist our clients in managing their IP portfolios, including registration and enforcement of trademarks and patents worldwide and administration of IP agreements.

Patent Litigation

Our patent litigation attorneys represent plaintiffs and defendants from a wide range of industries in patent infringement actions filed throughout the United States and before the U.S. International Trade Commission. We have defended patent infringement actions in the jurisdictions that are the most popular with patent holding companies, and we have a successful track record in the Court of Appeals for the Federal Circuit. We have substantial experience in defending our clients in multi-defendant cases and in filing patent infringement actions to protect our clients’ businesses.

Patent Prosecution

We assist companies in all facets of patent protection, enforcement and use. Collectively, our attorneys have been engaged in preparing and soliciting patents for more than 40 years. Katten helps clients establish strategic, worldwide patent plans, and we also advise on transactional matters, patentability issues and the clearance of product and process designs.

Pharmaceutical and Life Sciences Litigation

We provide intellectual property litigation services to a range of biotechnology and pharmaceutical companies, including ANDA litigation. Our attorneys bring a wealth of legal and technical experience, including PhD’s and master’s degrees in scientific fields, to bear on issues ranging from defending allegations of patent infringement to asserting our clients’ patents.

Trademarks and Trade Identity

Katten has protected some of the most famous brands in the world, including Microsoft, Bausch & Lomb, Warnaco, Aeropostale, Calvin Klein, Sears, Allstate, Fruit of the Loom, Universal Studios, Planet Hollywood, Polaroid, Motorola, Chicago White Sox, Chicago Bulls, Topshop, Hyatt, E! Entertainment and hundreds of others. Our attorneys have successfully defended numerous infringement actions and often have obtained dismissal of claims well before trial. We regularly counsel clients on publicity rights, business torts, defamation claims and advertising law.

Copyrights

Our attorneys represent a diverse group of clients in all aspects of copyright protection. We counsel clients on securing copyright protection in the United States and abroad, and handle litigation protecting such copyrights and defending against copyright claims. We have represented some of the most well-known authors, musicians, entertainment businesses and studios in the world. We also played a lead role in one of the most famous cases involving music sharing, representing the RIAA, MPAA and music publishers in the RIAA's copyright infringement lawsuit against Napster.

Trade Secrets

Every business owns confidential information that enables it to have a competitive advantage in its industry. Information such as formulas, business methods and even customer lists may qualify as “trade secrets.” Our attorneys work with clients to ensure that they maximize the protection of their trade secrets. We have assisted state legislatures in drafting trade secret legislation, and have prosecuted and defended hundreds of cases throughout the country involving trade secret, breach of fiduciary duty, covenants not to compete and related claims.

E-Commerce

Because so much business is Internet driven, we established an interdisciplinary technology, e-business and new media group that addresses the issues raised by e-commerce, including the protection of proprietary business methods and Internet domain names. With the landmark Panavision International litigation, Katten led the war against cybersquatters. We also have been lead counsel in cutting-edge, class action litigation involving claims of computer fraud, spamming and spyware.

Licensing

We prepare, structure and negotiate complex trademark licenses, patent license agreements, technology development agreements, co-branding and web-linking agreements, complex software development and licensing agreements, web hosting services agreements, website design agreements, and brand-extension licensing agreements. We also have extensive experience in representing web retailers and in negotiating e-commerce agreements.

International Practice

Our clients rely on us to protect their intellectual property throughout the world. In the patent area, we file foreign patent applications corresponding to our clients’ U.S. applications in virtually every major country, as well as in the European Patent Office and through the Patent Cooperation Treaty. We initiate and conduct international trademark registration filing programs in close cooperation with foreign counsel, agents and local government agencies. We and our foreign colleagues are similarly engaged in protecting our clients’ interests abroad when their foreign trademark activities are subject to complaint by others.