Intellectual Property Counseling and Litigation
Andrews Kurth has a seasoned intellectual property practice dedicated to ensuring our clients’ IP assets, business brands and global presence are consistently, strategically and effectively managed, protected and enforced. Today, intellectual property not only commands a place at the corporate table, but often serves as a driver of innovation, growth and corporate strategy. That is why Andrews Kurth has patently positioned our IP team at the intersection of business and technology. We are bringing IP out of its technical comfort zone and into the business environment in which it exists. We look beyond the portfolio and see the possibilities.
Straight talk guides everything we do. It’s how we converse with clients and how we approach our legal services. We pursue issues head-on. We cut through the confusion and find simple solutions to help our clients succeed.
We’ve been around for 110 years. We’ve grown up with the businesses and industries we represent. In particular, we’ve developed a reputation for helping our intellectual property clients vigorously protect their increasing investments in IP, without alienating their business objectives.
Andrews Kurth believes in and offers a comprehensive approach to intellectual property management, enforcement and protection. We are a full-service intellectual property practice operating within the larger structure of a worldwide corporate law firm. Backed by the full resources of the firm and employing a business mindset and an enterprise-wide approach to our client’s IP management, this collaboration allows us to take a 360-degree assessment of our clients' needs and offer efficient and straightforward strategies.
Andrews Kurth has more than 100 years of experience representing a diversified client base in all aspects of intellectual property and technology law across a broad spectrum of technologies and throughout myriad industries. We are not just a law firm, but rather a strategic business partner to our clients. The focus of our IP counsel is securing the maximum competitive advantage for our clients through effective exploitation and protection of their intellectual assets.
Our intellectual property practice is made up of more than 35 full-time IP lawyers, litigators and patent agents. With backgrounds in business, technology and government sectors, we know firsthand the value of a company’s intellectual assets. Our goal is not just to protect your investments in IP, but to find innovative and effective ways to maximize that investment. We’re looking out for your portfolio without losing sight of your bottom line.
Many of our IP lawyers hold technical or scientific degrees and formerly served as in-house IP counsel, business executives, patent examiners, engineers and scientists.
A few of our team members include:
- Former head of global litigation for a publicly-traded, multinational telecom corporation
- Former software industry executive overseeing development of complex expert systems
- Former U.S. Coast Guard officer in charge of technology for national response units
- Former assistant professor at Washington, D.C.’s Children's National Medical Center and George Washington University, whose research involved genetic diseases
Our IP Know-How
- Andrews Kurth’s intellectual property practice is represented in each of the firm’s ten offices and serves a broad range of global clients in sophisticated and complex intellectual property and technology transactions.
- We aim to be a partner in our clients’ businesses. We bring a business perspective to the formation, implementation and enforcement of a client’s intellectual property strategy.
- We have extensive experience in each of the key areas of a comprehensive IP practice which enables one-stop shopping for our IP clients.
- We have built a strong reputation representing clients in front of myriad federal and state courts, in the dispute-resolution forums of the U.S. Patent and Trademark Office and in international tribunals.
- Andrews Kurth employs a multidisciplinary approach to client service which enables us to work closely with our corporate, transactional and emerging company practices on issues at the intersection of business and technology.
- We have developed a strong focus on building a comprehensive cross-border IP practice in Asian markets, including China and Taiwan, addressing both inbound and outbound matters.
- Our lawyers excel because they have a keen understanding of the business needs of their clients, the value of innovation and the role of innovators as business leaders.
Andrews Kurth is a leading provider of intellectual property representation, routinely assisting clients ranging from worldwide enterprises to local and regional start-ups. We employ a holistic approach to assisting clients, taking into account their short- and long-term business and financial objectives, as well as their unique industry, infrastructure and regulatory considerations.
However, intellectual property is often among a company’s most valuable assets, and that value can extend far beyond the traditional IP portfolio. At Andrews Kurth, we work with our clients to identify and maximize potential financial and growth opportunities from their intellectual assets. We help clients conduct a global assessment of their IP assets and devise the best plan for managing and protecting their investments and their bottom line, whether it be revising internal processes and improving safeguards, conducting internal and external market assessments to identify opportunities within their existing portfolio or devising a plan to sell assets that no longer make sense.
Our Industry Knowledge
At Andrews Kurth, we believe the best way to serve our clients is to stay at the top of our game. Our IP attorneys can be found serving on boards, committees and educational panels in legal and industry associations throughout the United States.
Just a few of the places you can find us include:
- American Chemical Society
- American Intellectual Property Law Association
- BIO International Convention
- Center for American and International Law
- Intellectual Property Owners Association
- International Brain Research Organization
- International Trademark Association
- Licensing Executives Society
- Offshore Technology Conference
- Rocky Mountain Intellectual Property & Technology Institute
- Society for Neuroscience
Today, more so than ever before, business has gone global. Andrews Kurth recognizes that procuring, exploiting and enforcing intellectual property rights and building intellectual property portfolios must be done on a global scale. In addition to our foreign offices, we use an extensive network of foreign associates and affiliations to enable us to swiftly and seamlessly address our clients' needs from coast to coast, and pole to pole.
Patent, Trademark and Copyright Experience
Patents: Andrews Kurth’s IP practice consists of 17 lawyers and patent agents who are licensed to practice before the United States Patent & Trademark Office and have substantial experience prosecuting patent applications and assisting clients in developing effective strategies for the development and protection of intellectual property. Our experienced and highly trained patent lawyers and agents consistently represent some of the world’s largest technology companies, for which we have successfully prepared and prosecuted thousands of patent applications. Our services include preparation and prosecution of domestic and foreign patent applications across a full spectrum of technologies. We also have significant experience with business method inventions and the offensive and defensive use of patent reexamination proceedings.
Trademarks: We manage large international trademark portfolios for well-known corporations, and help emerging companies develop unique and protectable trademarks. Knowing that brand protection involves much more than just trademark registration, we work with our clients from the beginning of the branding process to register and protect marks, and to ensure our clients establish their brands as revenue-generating assets that increase in value and add to their bottom line.
Copyright: We routinely advise clients in copyright and related matters and have a proven litigation record in the area of copyright law. We represent corporations, institutions, emerging businesses and individuals, helping clients to devise strategies to protect and maximize the value of their copyrighted works and advise on the legal and technical issues involved in creating, distributing or using all manner of original content, devices and systems.
We have extensive experience in all aspects of sophisticated and complex IP strategy, including:
- Comprehensive management of large patent and other IP portfolios, for businesses at all stages of growth and across multiple industries
- Procurement, protection and defense of patents, copyrights, trademarks and trade secrets, and the rendering of opinions and advice regarding patentability, infringement and validity issues
- Design and implementation of strategies for developing, managing and exploiting IP portfolios
- Negotiating technology and IP licensing transactions and a wide variety of other types of agreements
- Implementing internal due diligence, compliance and training programs
We help clients with robust portfolios remain at the market forefront in the following ways:
- Monitor trends in the marketplace to identify areas poised for innovation, as well as areas crowded with patents
- Build research partnerships that result in commercialization and economic development
- Facilitate transfer of assets to the public by bringing scientists and the business community together in relationships of mutual advantage
- Provide greater access to intellectual property through the establishment of business initiatives, such as partnerships with individual investors, other companies or research institutions
Straight talk is never more important than when a company is facing litigation. At Andrews Kurth, we are prepared to vigorously defend or enforce our clients intellectual property rights should the need arise. We will communicate and collaborate with our clients every step of the way to ensure expectations are clear and the process is as smooth and painless as possible.
We regularly appear in the most active forums for patent litigation, including the Eastern District of Texas, the Eastern District of Virginia, the District of Delaware and the International Trade Commission. We maintain offices and trial lawyers in or near each of these forums, which together comprise a significant percentage of patent cases filed each year.
We are skilled in litigation involving technology across all industries, including software, telecommunications, biotechnology, medical, environmental, oil field services, alternative energy and construction. This experience enables us to hone litigation skills necessary for handling intellectual property litigation efficiently, including the presentation of complex technical issues to juries, mastery of cutting-edge demonstrative evidence techniques, the ability to prepare and use expert testimony in the most credible and effective manner, and the ability to obtain a verdict that will be affirmed on appeal or preserve error that can then be raised on appeal.
Intellectual property litigation does not require an army—just the right people, with the right skills. We assemble custom trial teams directly suited to the client’s business and industry, the dispute at issue and the opposing trial team.
The energy industry is one of the most technologically advanced economic sectors of our time, with technology serving as a driver of innovation, growth and corporate strategy for energy companies. Andrews Kurth is on the forefront of legal issues surrounding these increasingly complex technologies. We call this Intelligent Energy Law.
Andrews Kurth has worked with companies in the energy industry since our founding in Houston in 1902, even as we have expanded our reach throughout the United States and into Europe, the Middle East and the Asia-Pacific. We apply our deep and rich experience with the energy industry and with the legal challenges posed by deploying advanced technologies to anticipate and resolve the legal and contractual issues confronting our energy clients as they develop, acquire and use such technologies in the exploration, appraisal, development, production, refining and transportation of energy resources.
- Clean Technology
- Energy Technology
- Life Sciences
- Manufacturing and Sales
- Private Equity
- Solar Energy
- Technology and Emerging Companies
- Intellectual Property Litigation
- Intellectual Property Opinions
- IP Litigation
- Litigation and Dispute Resolution
- Patents, Trademarks and Copyrights
- Technology Transactions
Recognized as a Tier 1 Energy Law practice in the United States
Recognized as a Tier 1 Oil & Gas Law practice in the United States
Recognized as a Tier 1 Project Finance Law practice in the United States
Recognized as a recommended Patent Prosecution, Transactional and Litigation practice in Texas, Patent 1000, 2014
Recognized as a recommended Litigation & Licensing and Prosecution practice in Texas, Patent 1000, 2013
- 6/16/2015Andrews Kurth Adds Appellate and Intellectual Property Litigator Matthew J. Dowd in Washington, DC
- 5/29/2015Andrews Kurth Partners with UH Law Center for the IPIL Spring Lecture
- 4/27/201512 Andrews Kurth Partners Named 2015 Best Lawyers in Dallas
- 4/16/2015Andrews Kurth Lawyers Named in Washington, DC Super Lawyers 2015
- 3/6/2015Andrews Kurth Lawyers Recognized as 2015 Texas Rising Stars
- Deepwater Technology Symposium: SURF Barriers to Innovation, Technology Adoptions and Cost Effective DeploymentFebruary 26, 2015
- Intelligent Energy Law in the Middle East - Protecting and Exploiting Advanced Energy Technology and Know-HowNovember 11, 2014
“Financing a Startup: Selecting the Investor and Negotiating the Term Sheet—The Entrepreneur’s Perspective,” presented to The University of Texas Venture Fellows, Austin, TexasOctober 22, 2014
- Rice Alliance – 12th Annual Energy and Clean Technology Venture ForumSeptember 11, 2014
- Intellectual Property in the USA Course at Maasticht UniversityApril 9, 2014
- Post-Expiration Royalties Remain Stuck in Web of
50-YearPrecedentJune 26, 2015
- The Presumption of Validity Triumphs over a Good-Faith Belief of InvalidityMay 28, 2015
- Supreme Court Alters Appellate Standard of Review for Claim Construction in Patent CasesJanuary 22, 2015
- Winning The Battle But Losing The War? - New Considerations For File Wrapper EstoppelDecember 22, 2014
- Post Exclusivity Issues For BiologicsDecember 22, 2014