Publications

When infringement occurs, the central question is rarely whether you can accuse another party of unauthorized use. It is whether you can establish infringement under the language of your patent documentation, how the accused infringed upon it, and how it impacted your brand.

Patent prosecution is rarely linear. For sophisticated innovators, founders, in-house counsel, and technology-driven enterprises, the challenge is not merely obtaining a patent; it is securing patent protection that withstands examination, preserves meaningful claim scope, and supports your long-term commercial objectives.

When developing a product, intellectual property protection should begin before your product is launched and publicly released, not after. If you wait until your product is already released, you could face trademark complications, patent risks, copyright exposure, and potential trade secret loss. Once you disclose, name, market, and share your product, it is often harder to secure IP protection.

If you have invented a product, improved an existing product, or developed a process that solves a real problem, it’s common to wonder whether it qualifies for patent protection. In general, an invention may be eligible for a patent if it fits within patentable subject matter and is new, useful, and non-obvious.

Your company will face intellectual property risks the moment you start using AI tools, often before you have considered ownership, confidentiality, or infringement. The main risks usually involve using protected training or input data, generating outputs that resemble third-party works, weakening trade secret protection, and losing clarity over who owns the generated content or inventions.

Technology is both invasive and pervasive, and it can raise some novel legal questions. In this presentation, I address the impact that technology can have on privacy, privilege, and the practice of law.

Unfair competition laws can help address deceptive intellectual property practices, such as a competitor using confusingly similar branding, making false claims about your patent rights, or passing off goods to divert your customers.

Remote work has transformed modern businesses, granting flexibility, efficiency, and access to wider talent pools. However, for companies that rely on proprietary information to maintain a competitive advantage, remote work environments have created a more complex and urgent challenge: protecting trade secrets outside the traditional confines of the office.

Trademarks often represent years of investment, customer trust, and brand recognition. When another party uses a confusingly similar name, logo, slogan, or other source identifier without permission, that unauthorized use can weaken your brand and create serious legal and commercial problems.

Your business’s brand is one of its most valuable assets. Your business name, logo, slogan, and product identifier are designed to help customers recognize your company’s goods or services and distinguish them from competitors.