Our services
Patents
Our focus in US patent law is on the enforcement and defence of patent infringements. We advise our clients on the analysis of infringement risks, the development and implementation of enforcement strategies and the defence against asserted claims. This includes, in particular, representation in patent disputes before US federal courts and in post-grant proceedings before the PTAB (e.g. IPR proceedings).
In addition, we provide well-founded expert opinions on questions of patent infringement, validity and freedom-to-operate. Our advice is consistently focussed on the requirements of contentious disputes and takes particular account of complex cross-border issues.
Brands
In US trademark law, our focus is on the enforcement and defence of trademark rights. We represent our clients in trademark disputes before US courts and in proceedings before the Trademark Trial and Appeal Board (TTAB), in particular in opposition and cancellation proceedings.
In addition, we advise on the assessment of infringement risks, develop customised enforcement strategies and provide support in the out-of-court and in-court enforcement of claims for injunctive relief and damages. Our advice is consistently focussed on contentious disputes and the protection of strong brand positions in the US market.
DESIGNS
In the area of US design patents, our focus is on the enforcement and defence of intellectual property rights. We advise on the enforcement of design rights in infringement proceedings before US courts and on the defence of corresponding claims.
This includes, in particular, analysing the facts of infringement, developing litigation strategies and assessing risks and prospects of success. We also provide support in the strategic utilisation of design rights in conjunction with other IP rights in order to ensure an effective and enforceable protective position in the US market.
Trade secrets
The protection of trade secrets is becoming increasingly important in US law. We advise on the implementation of effective protective measures, the drafting of non-disclosure agreements (NDAs) and the enforcement of claims in the event of infringements.
In particular, we take into account the requirements of the Defend Trade Secrets Act (DTSA) and relevant federal regulations.
Licence agreement law
We draft, negotiate and review licence agreements under US law - particularly in the areas of technology, software and trademarks.
Our focus is on economically viable and legally compliant contractual structures that take into account regulatory requirements as well as tax and liability aspects. We also support our clients in the enforcement and adaptation of existing licence models.
Research and development agreements
We provide support in structuring and drafting research and development co-operations with a US connection. We attach particular importance to the clear regulation of IP rights, exploitation rights and liability issues.
Our advice ensures that innovations are legally protected and can be utilised in an economically optimal way.
Technology transfer
In the area of technology transfer, we advise on the transfer and commercialisation of technologies in the USA.
This includes the drafting of transfer agreements, the valuation of IP rights and the structuring of complex transactions between companies, research institutions and investors. Our focus is on legally compliant and economically efficient solutions.
Employee inventions
We advise companies on the legally compliant handling of employee inventions in the US context, particularly in the area of conflict between US law and international employment relationships.
This includes the drafting of employment contracts, IP assignment clauses and the enforcement of rights to inventions and developments of employees.
Copyright
In US copyright law, we support our clients in the protection and exploitation of creative services, particularly in the digital environment.
We advise on the registration of copyrights, the enforcement of claims and on licence and usage models. A particular focus is on technology-based business models and cross-border issues.
Export control law
We advise technology-orientated companies comprehensively on the requirements of US export control law, in particular under the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR) and the sanctions regulations of the Office of Foreign Assets Control (OFAC). Our focus is on the legally compliant structuring of complex, cross-border business models in the areas of dual-use, defence, quantum technologies, semiconductors and AI.
We provide support in the classification of technologies, the development of robust compliance systems and in securing international research and co-operation projects. In addition, we represent our clients in regulatory investigations and sanctions proceedings and provide strategic advice on minimising liability and reputational risks. Our advice combines in-depth technical understanding with sound experience in dealing with US authorities and is consistently focussed on high-risk, highly innovative fields of technology.