Smith Moore Leatherwood's Intellectual Property attorneys have a wide range of global experience in transactional, counseling and litigation services. We have worked with companies from a broad array of industry sectors, including computer, semiconductor, software, internet, telecommunications, defense, textile, consumer products, pharmaceutical, chemical, medical devices, and manufacturing.
We offer a full range of experience in obtaining, enforcing (through litigation if necessary), licensing, and assisting in the commercialization of patents for domestic and foreign clients. We advise our clients on matters of patent infringement, validity and enforceability, intellectual property due diligence in corporate transactions, and provide patent infringement and invalidity opinions. Our experience includes obtaining patents in the fields of nanotechnology; mechanical engineering, including industrial, defense, textile, automotive, and consumer product technologies; chemistry and chemical engineering, including inorganic chemistry, organic chemistry, polymer chemistry, pharmaceuticals, nanolithography, colloidal semiconductor nanocrystals, and material science; electrical engineering, including semiconductors, computers and software; and also in the fields of optics, medical devices, and business methods.
Trademarks, Labeling and Advertising Claims
We help our clients select and protect their valuable trademarks, service marks and trade names. Our lawyers conduct searches to determine a mark's prior usage and availability, and we assist with registration and maintenance of trademarks and service marks, both in the United States and in foreign countries. We regularly handle cancellation and opposition proceedings before the United States Trademark Trial and Appeal Board. In addition, our lawyers help our clients in the fields of product and packaging labeling and advertising claims including labeling issues, such as labeling requirements for textile and alcoholic products, as well as false advertising claims and claim substantiation.
Technology Transfer and Licensing
We have substantial experience in structuring transactions to allocate the risks and responsibilities for the development, protection, licensing and distribution of various technologies, trademarks and copyrights. We advise our clients on corporate structure, capital acquisition and general business matters. We help clients ask the right questions during the due diligence process, then make sure that the documents reflect the chosen business model.
We work closely with our clients to maximize copyright protection and have assisted with copyright representation both in the United States and internationally. We regularly assist clients with preparation and filing of copyright registration applications in the Copyright Office. We also have represented software developers and vendors as plaintiffs or defendants in litigation concerning the scope and infringement of copyright.
Trade Secret Protection
Our services include:
- Representing clients in early-stage protection of trade secrets and sensitive commercial information
- Developing internal trade-secret protection policies to prevent inadvertent loss of a company's most valuable proprietary information
- Setting the stage for successful joint ventures and acquisitions with sound non-disclosure agreements
- Preparing enforceable confidentiality and non-compete agreements that serve as genuine deterrents
- Prosecuting and defending a broad array of trade-secret misappropriation and unfair competition claims