Ostrager Chong Flaherty & Broitman P.C.


Ostrager Chong Flaherty & Broitman P.C. (OCFB) is a specialized intellectual property boutique law firm headquartered in New York City. Our core expertise is in the litigation, prosecution, administration, development, and monetization of our client’s patents, trademarks, and copyright rights and portfolios.

We also litigate misappropriation and unfair competition claims in federal courts throughout the U.S., represent clients in administrative proceedings before the United States Patent and Trademark Office’s Trademark Trial & Appeal Board and Patent Trial & Appeal Board, and conduct intellectual property due diligence reviews for corporate mergers, acquisitions, and other transactions. Our additional securities practice includes complex litigation against corporate insiders.

OCFB combines scientific, technical, and legal expertise as well as a team collaborative approach to help clients obtain optimal results to complex legal issues. Our approach has produced substantial results for our clients through monetary judgments, settlements, and favorable business deals.

We thoroughly secure and protect our client’s intellectual property rights, including patent, copyright, and trademark. Our patent practice is comprehensive. We prepare and prosecute both 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. We obtain patents for new inventions, processes, and technology in a broad range of technical fields including industrial manufacture, aeronautics, biomedical and pharmaceutical processes, consumer electronics, nonwovens, and telecommunications.

Likewise, we pursue trademarks for our clients, with a full range of trademark services pertaining to the clearance, evaluation, prosecution, defense, and financial valuation of trademarks, service marks, and trade dress, both in the U.S. and internationally

Our copyright practice covers artistic works as well as software, data, and other modern technology such as blockchain applications and nonfungible tokens (NFTs), and computer chip mask work registration applications. We’ve also been on the forefront of another important area of the law in financial news reporting: the aggregation and misappropriation of news data (the “Hot News” Doctrine).

We enforce our clients’ IP rights through our powerhouse litigation practice, handling cases in the U.S. and abroad. A key strength is our ability to assemble a strong legal team and execute a case strategy with open communication channels between our attorneys and with our clients. Scientific, technical, marketing, and other business insights are readily shared and discussed. This allows us to focus on positioning our clients for the highest possible recovery and protection of their rights.

OCFB is also highly experienced in both drafting, and alternatively, responding to “Cease and Desist” letters, which typically assert a claim of infringement of an intellectual property right. We investigate claims of infringement and engage in discourse with claimants to provide counsel to our clients.

OCFB also monetizes its clients’ IP through agreements and licenses involving intellectual property rights, whether patent, copyright, trademark, or trade secret. This includes the drafting, review, and negotiation of intellectual property licenses, development agreements, technology transfers, and joint venture agreements. Other types of IP agreements include: works for hire agreements, permissions and releases, assignment or transfers of copyright or other IP for an artistic work, and agreements for the rights of privacy or publicity.

The complexity of the modern-day business, technology, and legal landscape necessitates a multi-disciplinary and nuanced team approach. In recent years, the software, industrial, and pharmaceutical industries especially have seen explosive growth in technical advancements.

We work as partners and in close collaboration with every one of our clients, for whom we provide opportunities on maximizing their IP for expansion and growth. Recognizing that no two businesses are alike, we are committed to learning our clients’ unique priorities and market challenges. Our business insights are geared to the specifics of each client as well as case or matter.

And with more than 35 years of experience, we have built deep and long-lasting relationships with the business community, often obtaining new business through referrals.

We work with our clients to structure flexible fee arrangements. This helps foster a long-term business relationship with our clients and engagements across a wide range of issues and matters. From a more traditional hourly or fixed fee structure to contingency and hybrid fee arrangements, we work with our clients to optimize fees to the needs of the business as well as the size and nature of the case or transactional matter.


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