Ostrager Chong Flaherty & Broitman is a full-service intellectual property law firm. We represent clients in obtaining intellectual property rights throughout the world, intellectual property transactions, and litigation involving utility patents, design patents, trademarks, trade dress, copyrights, misappropriation and other types of unfair competition.
• Developing strategies for both sending and responding to cease-and-desist letters asserting patent, trademark, trade dress and copyright infringement, and other unfair competition claims.
• Prosecuting and defending trademark opposition and cancellation proceedings in the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board.
• Prosecuting and defending patent infringement actions, copyright infringement actions, trademark, service mark or trade dress infringement actions, false advertising, misappropriation and other unfair competition actions in United States federal courts, including acting as local New York counsel for attorneys throughout the United States.
• We have also been counsel in cases under Section 16 of the Securities Exchange Act of 1934.
UTILITY / DESIGN PATENTS
• Reviewing inventions, designs and products for patentability and potential infringement.
• Providing counsel on patent portfolio strategy and management.
• Conducting patent searches in-house and through outside search companies.
• Preparing opinions regarding patentability and patent infringement, invalidity and enforceability issues, freedom-to-operate opinions.
• Identifying alternative product designs to reduce the risk of a competitor’s claim of patent infringement.
• Preparing and prosecuting U.S. and international utility and design patent applications before the U.S. Patent and Trademark Office, the World Intellectual Property Organization and international patent offices through a worldwide network of patent practitioners.
• Managing domestic and international patent portfolios, including acting as U.S. representative for many foreign priority applications.
• Prosecuting and defending patents in reexamination and reissue before the U.S. Patent and Trademark Office.
• Negotiating and drafting patent license agreements, assignments, non-disclosure agreements, joint venture and technology agreements.
• Providing due diligence counsel on patent-related aspects of mergers and acquisitions, including due diligence.
Industrial Processes & Products – Paper, Fiber, Laminates, Woven and Nonwoven Fabrics; Polymers; Films; Printing; Paper Products; Packaging; and Related Production Machinery; Aircraft Manufacturing Systems.
Mechanical Devices – Mechanical and Electromechanical Apparatus; Photographic And Fiber Optic Devices; Machine Tools; Heating And Cooling Systems; Power Generation Systems; Building Materials; Fuel Systems; Biomechanical Devices; Aircraft Engines; Aircraft Systems, Robotics; Transport Systems; Fluid Systems; Toys and Games; Stage and Lighting Equipment for Architectural, Photographic and Entertainment Uses; Safes; Firearms; Medical Devices.
Materials – Semiconductors; Thin Films; Photoconductors; Magnetic Media; Ceramics; Amorphous Materials; Alloys; Liquid Crystals, Composites.
Electronics – Analog and Digital Signal Processing; IC Circuits; Detection Systems and Sensors; Magnetics; Optoelectronics; Imaging and Display Devices; Medical Diagnostic Equipment; Reprographics, including Facsimile Machines, Printers, Scanners, and Copiers; Communications Technology; Telecommunications and Telemetry Systems; Audio and Video Signal Processing; Aerospace Electronic Systems; Telemedicine, Telehealth and Telecare Medical Systems; Prepaid telephone calling cards; Electrical Power Supplies.
Computers – Computer Systems and Hardware; Parallel Processing; Microprocessors; Optical Processors; Neural Networks; Local Area and Wide Area Networks; Smartcards; Computer-Assisted Devices; Computer-Integrated Manufacturing; Speech and Music Processors & Synthesizers.
Software – Operating Systems; Windowing Functions; Data Storage And Database Management Systems; Encoding And Encryption; Network And Internet Systems; Audio, Video, Speech and Music Processing; Imaging; Graphic Interfaces; Interactive TV; Computerized Translation.
Biology & Biophysics – Neurological, Brain, Human Developmental, and Genetic Processes, Treatments, and Materials; Pharmaceuticals; Health Care Products; Genetic Mapping; Radioisotope Labeling; C-DNA Cloning; Enzyme and Protein Isolation; Monoclonal Antibodies and Antigens; Agriculture; Fermentation.
TRADEMARK / TRADE DRESS
• Counseling clients regarding adoption of trademarks, service marks and trade dress.
• Conducting in-house screening trademark, service mark and trade dress searches and obtaining and analyzing results of comprehensive outside searches.
• Drafting clearance opinions regarding availability of a trademark, service mark or trade dress for use and registration.
• Preparing, filing and prosecuting U.S. and international trademark applications before the U.S. Patent and Trademark Office, the Madrid System for international trademark applications, and international trademark offices through a worldwide network of trademark practitioners.
• Maintaining and managing global trademark portfolios.
• Prosecuting and defending trademark appeals, and opposition and cancellation proceedings in the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board.
• Negotiating and drafting trademark, service mark and trade dress license agreements, assignments, consents and co-existence agreements, and other trademark, service mark or trade dress documents.
• Providing counsel on trademark-related aspects of mergers and acquisitions, including due diligence.
• Assisting clients in identifying and registering their works with the U.S. Copyright Office.
• Negotiating and drafting copyright license agreements and assignments.
• Providing counsel on copyright-related aspects of mergers and acquisitions, including due diligence.
• Identifying alternative product designs to reduce the risk of a competitor’s claim of copyright infringement.