Benesch’s Intellectual Property Practice Group represents clients in protecting their most valuable asset class: their intellectual capital. Whether obtaining intellectual property rights, prosecuting infringement actions, or helping clients exploit their intellectual property rights, Benesch has the legal training and experience to help clients get the most out of their intellectual capital. In addition, Benesch’s Intellectual Property Practice Group is skilled in counseling clients with respect to IP rights of others and in defending clients in IP actions brought against them in courts and administrative agencies throughout the United States and internationally.
Our intellectual property client base is as broad and diverse as the services we provide. Those clients that rely on our services for IP protection and advice include individual entrepreneurs, universities and other research institutions, early stage companies, high technology businesses, middle market companies, and large multinational corporations. We have served a vast array of industries and businesses including: tire and rubber; fluid handling components and systems; paints and coatings; medical devices; plastics and polymers; liquid crystal displays; advanced lighting; adhesives; vehicle suspension systems; combustion systems; refrigeration systems; communications equipment; dispensing systems; material handling equipment; vehicle braking systems; food processing equipment; power tools; fitness equipment and other consumer goods; financial services; insurance services; music and entertainment; and computer software.
The Benesch Intellectual Property team has experience in all facets of intellectual property law and practice, with each member possessing a unique set of qualifications to help advance our clients’ interests. Many of our attorneys have worked as scientists or engineers in industry, and others have taught law or authored publications that serve as important reference materials to the profession.
We have experience with all forms of intellectual property, including patents, copyrights, trademarks, and trade secrets. Services we provide include patent and trademark drafting and prosecution, advising clients on patent and trademark infringement and validity matters, and drafting intellectual property-related agreements. In addition, Benesch’s Intellectual Property Group has experience in complex patent, trade secret, trademark and copyright litigation.
Benesch’s Intellectual Property team also has counseled clients regarding information technology and e-commerce matters. These engagements have included negotiation of myriad software, hardware and services agreements as well as preparing terms and conditions of use for web sites, drafting privacy policies for web sites and evaluating web site content for compliance issues. Our team has also advised clients regarding data security breaches and application of the PCI-DSS/CISP security standards in connection with both on-line and off-line sales. Four of Benesch’s attorneys are CIPP certified.
With the support of Benesch’s Intellectual Property team, our clients are better positioned to preserve and protect new technologies with IP, use and manage their intellectual property thoughtfully, and avoid the IP rights of others so as to avoid unnecessary risk. For additional information about Benesch’s Intellectual Property practice, please contact a member of our team.
Benesch's Intellectual Property practice area was recognized by Chambers & Partners in Chambers USA 2023.
Patents
Benesch has a full service patent practice featuring registered patent attorneys with diverse technical backgrounds. We represent clients in every phase of the patent process in the U.S. and coordinate patent-related activities outside the U.S. We also represent clients on a variety of other patent-related matters, including clearance of new products, design around alternatives, and enforcement programs. In short, Benesch’s patent practitioners have obtained important patents for our clients on a wide variety of technologies, and our patent litigators have represented clients in complex patent cases throughout the U.S. and produced positive results on a consistent basis. Our patent lawyers regularly speak and write about patent issues of interest to clients, the bench, and the patent bar.
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Trademarks
Benesch’s Intellectual Property Group has a full service trademark practice. We represent clients in every phase of the trademark process in the U.S. and coordinate trademark-related activities outside the U.S. Among other services, our trademark lawyers obtain trademark registrations for clients and assist them in developing and implementing enforcement programs on a global basis. Our trademark litigators represent clients in courts and administrative agencies throughout the U.S. in trademark infringement and have produced excellent results for our clients.
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Copyrights
Benesch’s copyright lawyers are experienced in all facets of protecting artistic and creative works of authorship under domestic and international copyright laws. Our copyright lawyers assist clients in maintaining control over products of their creativity, as well as protecting the profits resulting from those works. Our copyright litigators are experienced in representing clients in disputes concerning copyrighted works. In addition to our ability to represent clients in litigation, we are also skilled in helping clients resolve disputes in favor of business solutions.
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IP Transactions
Benesch’s Intellectual Property transaction lawyers have substantial experience in all phases of a sale or transfer of intellectual assets. We help companies prepare for sale to enhance the value of their IP and perform due diligence for purchasers of intellectual assets. Our business acumen and extensive experience in all aspects of business negotiations provide clients sound counsel on appropriately structuring the transaction.
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Completed a $67 million SAP implementation transaction for the entire Canadian business enterprise of an American global manufacturer and marketer of consumer and professional products.
Represented one of the largest manufacturers in the United States in connection with a $65 million global business process outsourcing transaction involving operations in the United States, Europe, South America, and Asia.