Patent Trademark
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Overview
Clients receive
quality, timely and reasonably priced intellectual property (IP) services from Osterrieder, LLC. Having
considerable experience in IP litigation and transactional matters with Fortune 50 to individual clients, Osterrieder, LLC
strives to provide its clients with excellence in predicted expectations and work product alongside open and easy communication
between attorney and client. Litigation Osterrieder, LLC provides
advocacy before the United States Patent and Trademark Office’s administrative courts as well as in courts of law. Before
the USPTO, for example, Osterrieder, LLC has expertise in appealing patent application rejections to the Board of Patent Appeals
and Interferences as well as lodging and defending trademark oppositions and cancellations before the Trademark Trial and
Appeal Board. Before courts of law, for example, Osterrieder, LLC has expertise in: patent, trademark, copyright and trade
dress infringement, trademark dilution, and domain name disputes; trade secret misappropriation; unfair competition, trade
libel/slander and other business torts; and breach of contract, warranty, and DTPA. Complimenting these non-limiting examples
of past litigation, Osterrieder, LLC has admissions to all federal and state courts in Texas as well as the Fifth and Federal
Circuit Courts of Appeals while also having engaged previously in both mediation and arbitration. Osterrieder, LLC also has
had admissions to courts outside of Texas on a pro hac vice basis as IP counsel. Simply, Osterrieder, LLC provides
experienced, cogent representation, whether vigorously lodging or defending against suit.
Transactional Patents and Opinion Work
Having drafted and prosecuted hundreds of domestic and international patent applications,
Osterrieder, LLC is well-equipped to handle your patent application. A sample of undertaken technologies include:
aviation, business methods, chemistry, computational fluid dynamics,
computer hardware and software, electronics and electrical systems, gaming, GUI applications, geophysical exploration, instrumentation,
manufacturing processes, mechanical arts, medical systems, optics, power systems, physics, telecommunications and wireless
systems. Having litigated patent disputes as well, an advantage
of Osterrieder, LLC drafting and prosecuting your application is foresight in avoiding potential pitfalls should your issued
patent become the subject of litigation. Accordingly, our goal is to provide you with a robust patent having
claims that protect your practiced invention from various perspectives. In addition to drafting and prosecuting patent applications, Osterrieder, LLC also provides
advice and tools for patent matters, e.g., opinion work of various types: (1) patentability
(typically whether an invention is patentable based on prior art search results); (2) non-infringement (typically whether
infringement exists based on a specific patent about which the client is aware); (3) freedom-to-operate or clearance (broader
than (2) and typically directed to whether infringement exists as compared to any patent(s) based on prior art search results).
Such example opinion work is valuable to determine whether to proceed with a patent application, with a manufacturing
process in view of being accused of infringement, or with a planned expansion into a new field of practice, respectfully.
Osterrieder, LLC can provide these opinions as well as others to better ascertain and quantify risks and costs.
Trademarks and Opinion Work As with patents, Osterrieder, LLC also has the expertise for your trademark matters after
having handled hundreds of domestic and international trademark applications. We recognize that your brand is your reputation.
To that end, we may advise you begin with a registrability opinion, which aims to determine whether your proposed mark is
registrable in view of search results on existing words, names, symbols and combinations thereof. Next, we may draft
and prosecute your trademark application with the desired goal of registration, i.e., ®. For
a registered trademark, we may wield either sword or shield to ensure that your registration remains valid and others do not
use similar marks so as to reap the benefits where you have sewn. Your mark is your face to the public, and Osterrieder,
LLC endeavors to protect it.
Copyright and Opinion
Work Copyright registration protects original works of art reduced to a tangible medium. Examples
include blueprints, novels, photographs, software code, and websites. Osterrieder, LLC generally encourages
seeking copyright registration as early as possible in order to provide both enhanced remedies for the copyright owner should
the work be infringed and assured subject matter jurisdiction for a court to hear a copyright infringement claim.
In addition to obtaining copyright registration, Osterrieder, LLC provides copyrightability opinions, copyright infringement
defense opinions such as fair use, and other advice and counseling as determined from frank discussions with the client.
Technology Transactions At the crossroads
of protecting the technological component of intellectual property lies contracting. To that end and ever working with
the client, Osterrieder, LLC provides, for example, assignments, confidentiality agreements, and non-disclosure agreements
(NDAs) as well as licensing and royalty agreements supported by due diligence and IP audits. Osterrieder, LLC aims to
provide the client with these and other agreements, as deemed appropriate based on counseling, to ensure the proper and safe
transfer of both IP legal rights, e.g., patent and trademark registration, as well as the underlying, associated IP,
e.g., the know-how and show-how associated with an invention.
IP Plans - Establishment and Maintenance
To establish and maintain an IP portfolio
of domestic and/or international IP rights, e.g., patents, trademark registratoins, etc., Osterrieder, LLC
works with start-up to long-established businesses to chart an IP plan commensurate with its budget while simultaneously planting
a firm footing in the marketplace from which competitors retreat.
International
Osterrieder, LLC has
associations with reputable foreign affiliates to assuage the perils of handling your international IP matters – no
matter where in the world you desire protection or otherwise require adept representation. Approach
Osterrieder,
LLC provides valuable services by knowing the facts and technology at issue. Thus, at least at the beginning, open and
easy communication between attorney and client are vital. Moreover, such communication ensures scope of work and expectations
remain aligned while mitigating surprise. By speaking to your inventors and visiting your facilities, both attorney
and client understand the undertakings and a better work product results. That is, for example, strong attorney-client
communication translates into patents, opinions, and litigating positions that are more robust in fact and law. Accordingly,
Osterrieder, LLC is adept at extracting information from you in order to represent you well, and, to that end, we will involve
you, as well as keep you abreast, of your matters throughout the time we represent you.
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