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.

LITIGATION

• 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.

• Technical expertise in a broad range of technologies and businesses (click to show technical areas…) +

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.

COPYRIGHT

• 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.