Practices

 

Patents

Today’s rapid technology growth makes strong patent protection more important than ever. Whether you are a sole inventor with an idea sketched out on a napkin, and little to no understanding of the patenting process, or a sophisticated international corporation, you can rely on our attorneys to take you through the process effectively and efficiently.

Our seasoned patent prosecution team has technical expertise in many fields—including chemistry, physics, mathematics, electrical engineering, computer science, biology, and mechanical engineering. We’ve used that expertise to obtain thousands of patents for clients throughout the world in fields ranging from pharmaceutics, biotechnology and life sciences, material sciences, chemical deposition in integrated circuit manufacturing, electronic data storage, medical devices, nutritional supplements, exercise equipment, complex chemical and polymer science, corporate IP policies and procedures, and more.

Maschoff Brennan’s prosecution team also works closely with a vast array of foreign associates and international clients in securing patent rights here in the United States and around the world. If you need help obtaining protection for your innovation, one of our seasoned prosecution attorneys can help you obtain a patent, both here in the United States and throughout the world.

 

Trademarks

Maschoff Brennan has experienced trademark attorneys and paralegals who are capable and committed to handling the range of trademark issues that our clients may encounter. Whether you need help registering and maintaining a large international portfolio or are a new enterprise needing assistance in developing unique and protectable marks, we can help you protect your mark.

Our trademark attorneys will provide the planning, information gathering, and data analysis necessary to ensure your trademark is fully protected, and will stop infringers as they appear. Further, we also have strong relationships with a vast array of foreign associates and international clients so that we can ensure that your mark can be protected in an international market. As such, our trademark team has the skills required to effectively ensure that your mark or brand is protected around the world.

 

Commercial Litigation

Maschoff Brennan’s attorneys are leaders in the area of complex commercial litigation. Our attorneys have successfully litigated complex high-stakes disputes that have received national recognition. Our experience includes cases involving business torts, RICO, unfair trade practices, commercial law, contracts, and other issues. We have extensive experience representing our clients’ complex commercial disputes in trial and appellate courts in both federal and state courts across the nation.

 

Patent Litigation

Contemporary patent litigation requires current strategies and a working knowledge of complex technology and its applications. From medical devices to electronics and software, Maschoff Brennan’s litigation attorneys are experienced in effectively managing the complexities and challenges of today’s patent litigation.

Our attorneys regularly take on the largest and most expensive law firms in the nation, and win—at a much lower cost to our clients. We represent clients at all stages and on all sides of patent-related disputes. Whether you are enforcing your patents against the largest of companies or defending against patent trolls, our attorneys will effectively and efficiently represent you.

 

Antitrust Litigation

Our attorneys have significant experience litigating antitrust actions. These cases frequently deal with unlawful conduct such as price-fixing, tying arrangements, monopoly power, exclusive dealing, and other unlawful competitor agreements. We have successfully litigated and advised clients in numerous matters dealing with antitrust issues.

 

Alternative Dispute Resolution

Attorneys at Maschoff Brennan have extensive experience resolving disputes outside of formal litigation. We understand that many cases can be resolved without the need for costly litigation within the state and federal court systems. To that end, when advantageous for our clients, we resolve cases quickly and economically through means other than formal litigation. Our attorneys have extensive experience in mediation and arbitration proceedings, as well as formal and informal settlement discussions.

 

Trade Secret and Unfair Competition Litigation

In some cases, your trade secrets may be even more important than patents, trademarks, and copyrights. And when former employees take your confidential information to competitors or your confidential information is otherwise improperly used by others to compete against you, you need forceful and effective approaches to stop it.

Maschoff Brennan’s attorneys are experienced in trade secret misappropriation and unfair competition across the country, in both state and federal courts. We have successfully secured injunctions and favorable settlements for our clients in all manner of trade secret disputes.

 

Trademark and Trade Dress Infringement Litigation

Your trademarks and unique designs are the identity of your business. When others use your trademarks and copy your products, they steal your identity. On the other hand, your competitors may be overreaching with their own trademarks and attempt to disrupt your business with inappropriate allegations of trademark infringement.

Maschoff Brennan’s attorneys stop improper copying and use of their valuable trademarks and distinctive business designs and protect against illegitimate allegations of trademark infringement. And when the situation calls for immediate resolution, we aggressively pursue preliminary injunctions for our clients.

 

Mediation

Litigation is an expensive, strenuous process that can take years to resolve. In many cases, it is in both parties’ best interest to come to an agreement outside of the courtroom. An effective mediator can help you navigate the negotiations as well as be an unbiased sounding board for resolution. Maschoff Brennan is prepared to help you in the mediation process and assist you in resolving complex disputes. Our experienced litigators know what it is like to be in the courtroom and they know the importance of reaching an early agreement in litigation.

Maschoff Brennan’s team can mediate in any of its three offices including Salt Lake City, Park City and Orange County.

 

ITC Proceedings

Maschoff Brennan’s attorneys have successfully handled litigation at the International Trade Commission (ITC).  ITC actions can be a powerful tool for owners of U.S. intellectual property rights to block infringing products from entering the United States.  We have the experience and resources to handle the most complex and time-sensitive ITC actions and guide our clients through the fast-paced and nuanced world of ITC litigation.

 

Domain Name Disputes

As more companies place information, products, and services on the internet, conflicts over domain name use have rapidly increased. As a result, new laws aim to resolve these conflicts and protect your branding and marking.

Maschoff Brennan’s highly-skilled attorneys counsel clients in domain name disputes under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA) in a variety of portfolio areas for large organizations, small companies, and individuals.

 

Post-Grant Proceedings

Maschoff Brennan has significant experience representing clients before the USPTO in post-grant proceedings of all types, including those proceedings created by the Leahy-Smith America Invents Act (“AIA”). We have successfully represented both petitioners seeking to invalidate patent claims, as well as patent owners looking to maintain the validity of their claims. Successful representation in an AIA post-grant proceeding requires a unique combination of skill and experience.

Practitioners must not only possess a thorough understanding of the complexity of the AIA and USPTO rules, but must also be capable of taking and defending depositions, working with experts, drafting briefs and presenting oral argument. Our post-grant team combines seasoned patent prosecutors who are familiar with USPTO rules and procedure with trial attorneys who understand the art of persuasive writing and oral advocacy.

 

Intellectual Property Licensing

Attorneys at Maschoff Brennan are experienced in complex licensing agreements and transaction negotiations in local and global industries. Whether you are a small start-up company, a mid-sized business, or a Fortune 500 entity, we have the reputation and skills to provide services that will lead to success in acquiring, licensing, transferring, and commercializing all of your IP innovations. Our team of attorneys is experienced in a wide variety of disciplines, including, but not limited to, cutting-edge medical technology, chemistry, electronics, physics, computers, information technology, biotechnology, engineering, mobile telecommunications, and more.

Maschoff Brennan can draft and negotiate agreements at any stage of growth that will help you develop, build, and sustain your business in this fast-paced, rapidly growing marketplace. We understand the complex licensing and transaction agreements that need to be in place in order to foster lasting success for your company.

 

Intellectual Property Portfolio Management

With today’s rapid technology growth, it is more important than ever to gain a strong foothold on your intellectual property (IP) portfolio. We live in an increasingly competitive global environment that requires enhanced efficiency, competitive intelligence, and tactical approaches to protecting your innovations. You can rely on our attorneys to help you weave through the in-depth levels of IP portfolio management that will protect your assets, thereby increasing the success of your company’s capabilities and endeavors well into the future.

Maschoff Brennan’s experienced IP prosecution and litigation attorneys will provide the planning, gathering, and analysis necessary to ensure your IP portfolio is protected and has not been infringed by outside parties. Conversely, extensive research will be conducted to assure your innovations have not already been implemented elsewhere.

 

Patent Opinions

Opinions and due diligence are a critical aspect of evaluating mergers and acquisitions, particularly analyzing and evaluating terms of intellectual property portfolio assets and securities. As a means of discovering the status of a company, we tailor our in-depth examinations to suit the needs of a particular client, including providing an understanding of current and future products and services, evaluating a collection of IP inventory, trade secrets, branding, confidential information and any agreements affecting IP.

Maschoff Brennan has provided extensive IP counseling, portfolio development and management for independent entrepreneurs and inventors, as well as major research universities, large international corporations and local and national business entities. Our IP team is equipped to provide detailed opinions on matters such as freedom-to-operate, validity, infringement, and other topics related to an IP portfolio. Further, our experienced attorneys have a wide range of technological knowledge in fields such as pharmaceutics, electronics, engineering, medical technology, chemistry, physics, computers, biotechnology, nanotechnology, and others.