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  • Hani Sayed, Chair
    Phone: (714) 641-3492

Intellectual Property

Practice Overview

The growth of information-centered national and world economies places ideas, technology, information, and creativity at center stage in virtually every business enterprise. As a result of this growth, Intellectual Property issues have also been thrust onto center stage in commercial transactions, business planning and operations, and in business disputes. Rutan & Tucker, LLP assists its clients with every legal aspect of the creation, preservation, exploitation, and protection of Intellectual Property. R&T's Intellectual Property and Technology Group attorneys advise publicly traded and privately-held companies, start-up and emerging growth companies, governmental entities, and individual clients upon the full range of these issues. Our expertise includes development, registration, financing, licensing, transfer, and protection of Intellectual Property, and technology.

Rutan & Tucker has expertise in trademarks, trade dress, internet domain names, copyrights, patents, trade secrets, confidential information, data and information ownership, use and management, rights of publicity, rights to use personal image, likeness and identity, and closely related unfair competition, advertising and antitrust issues. Our expertise in these areas encompasses formative and ongoing operational business plans, mergers and acquisitions, public and private securities offerings, employment and workplace issues, as well as independent contractor relationships, competitive business practices, business environments, litigation, software and other technology licenses or transfers, marketing and advertising. We handle every kind of Internet-based activity, including Web hosting and maintenance transactions and all types of business-to-consumer and business-to-business e-commerce transactions.

Our attorneys also represent clients in disputes relating to Intellectual Property and technology ownership and licensing, copyright infringement, patent validity and infringement, trademark infringement and dilution, trade secret theft, employment-related IP misappropriation, cybersquatting, e-commerce disputes, unfair competition, advertising liability, breach of confidence, misappropriation of character, likeness, or identity, and antitrust, insolvency, bankruptcy and insurance issues arising in connection with such disputes. Our Intellectual Property trial attorneys have the experience to successfully conduct federal and state litigation, arbitration and mediation, and proceedings before the Trademark Trial and Appeal Board. However, to help keep our clients out of litigation, we provide counsel and assistance aimed at preventing litigation. Such counsel includes trade secret protection programs, Intellectual Property audits, due diligence analysis of competing or prior Intellectual Property use or rights, trademark or copyright registration, and contractual protections such as licensing agreements, confidentiality agreements, work for hire contracts, noncompete agreements, and exclusive dealing arrangements.  In addition, our Intellectual Property patent attorneys have represented clients before the Patent Trial and Appeal Board in Post Grant proceedings, including Inter Partes Re-examinations, Ex Partes Re-examinations, Inter Partes Reviews and Covered Business Method Patents.

Rutan & Tucker's experience and capability extends not only to those industries more traditionally associated with Intellectual Property needs, including software, Internet, computer, biotech and health care, sports and entertainment, media, advertising, and telecommunications industries, but also to more traditionally "low tech" enterprises, such as real estate development, shopping centers, retail businesses and even local governments and government agencies.

The Rutan Intellectual Property practice group has the depth of IP knowledge more commonly associated with boutique IP firms. Our lawyers understand the commercial issues and pressures that arise from IP disputes or related negotiations, and provide innovative and strategic solutions to deal with them. We are well-prepared to assist you in any dispute involving patents, trademarks, trade dress, trade secrets, copyrights, rights of publicity, false advertising and unfair competition and patent mismarking. Whether it is the enforcement of IP rights or defending claims of infringement, we will assist you in devising strategies designed to help you manage risk, continue growth, and protect market share. We represent our clients in state and federal courts, alternative dispute resolution forums and before the Trademark Trial and Appeals Board.