Patent Infringement Litigation | Trademark Infringement Litigation | Trademark Opposition and Cancellation Proceedings | IP Malpractice | Business Disputes |
Trade Secrets | Unfair Competition | Contract Disputes

Patent Infringement Litigation
When patent litigation hits, it is no time to engage inexperienced counsel. Members of Altera Law Group’s litigation team, have litigated countless patent cases, including high stakes patent cases before the International Trade Commission and the Federal Circuit Court of Appeals in Washington, D.C.   Patent litigation is a complex legal minefield. Counsel must be aware of the law, and the nuances that change the law over time. In addition, Altera patent attorneys have litigation experience with a wide range of technology. See Our Team

Whether a client is a patent owner or is accused of infringement, we advise our clients to obtain competent legal advice before initiating a patent lawsuit or defending a patent lawsuit. Our patent attorneys also advise clients on proactive approaches to identify, evaluate, and prepare for patent litigation. Often times, this proactive counsel translates into having proper procedures in place to make sound business decisions about patent litigation.

Trademark Infringement Litigation

Whether another company is claiming that you are infringing their trademark rights or you have found a competitor who is trading off the good will of your mark, Altera’s trademark attorneys have the training and experience with these types of disputes to guide you to a favorable resolution.

Infringement disputes can take many forms in the trademark world, from Opposition and Cancellation proceedings before the U.S. Trademark Trial and Appeal Board, to the various administrative or court resolution options when trademark rights in domain names are at issue, to state or federal court litigation.

Altera has years of experience dealing with each of these vehicles for dispute resolution, and is ready to guide you through the various options for enforcing and defending your trademark rights or staving off a claim of infringement.

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Trademark Opposition and Cancellation Proceedings
There are two principal types of administrative dispute mechanisms related to trademarks: Opposition and Cancellation proceedings.

Oppositions:

Before any trademark application can mature into a registration, the application must be published by the U.S. Patent and Trademark Office for “opposition.” This is a 30-day period in which the Trademark Office lets the world know that an application is about to be registered so that others may come forward and oppose the registration if they feel it might compromise their trademark rights or that the registration is improper in some way. If this happens, an Opposition proceeding is instituted before the U.S. Trademark Trial and Appeal Board, who decides whether the application should truly mature to registration.

Cancellations:

Even after a federal trademark registration is issued, it is not immune from attack. Similar to the Opposition proceedings described above, a third party can challenge a trademark registration through a mechanism before the Trademark Trial and Appeal Board called a Cancellation proceeding.

Both Oppositions and Cancellations operate much like regular court litigation, but make no mistake, there are plenty of pitfalls for a general practitioner who does not specialize in these types of proceedings. Our Team has the intimate knowledge of the particular process involved in Opposition and Cancellation proceedings, grounded in years of experience of guiding clients through the process. It is important to arm yourself with counsel that speaks the language of the Trademark Trial and Appeal Board and can fight for your rights efficiently in this unique dispute resolution setting. Altera will be your advocate and partner in the event you find yourself at either end of a trademark Opposition or Cancellation proceeding.

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IP Malpractice
Mismanagement of your intellectual property portfolio can be disastrous to your business initiatives. A missed deadline is a missed opportunity for economic growth, and can certainly result in the death of your patent assets, licensing objectives or employee resources. If you feel your current intellectual property representatives have compromised your portfolio or led your business astray, Altera can help. Our institutionalized knowledge of all facets of intellectual property can be leveraged to target the missteps in the past management of your IP portfolio. We work with clients to rectify past mistakes, resurrect cancelled or abandoned registrations and obtain financial restitution for your unjustifiable losses.

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Business Disputes
In the management of your business, there undoubtedly will be times when disputes arise as to contractual relationships, franchise agreements, employee terminations or licensing opportunities. Altera works as a team to assist clients in managing these disputes and finding creative solutions to get your business back on track. We will partner with you to develop the strategies necessary to realize your objectives, bring the necessary parties to the negotiating table, and leverage your intellectual assets to force a successful outcome.

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Trade Secrets
A company's trade secrets are often some of its most valuable property. When trade secrets walk out the door, a company must move swiftly to stop the leak. Our experienced attorneys have handled dozens of injunction hearings and trade secret disputes and have helped clients engage the legal process to quickly do damage control.

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Unfair Competition
While competition is the way of American business, there are times when competitors don’t play fair. It might have to do with not respecting someone else’s intellectual property, or with false advertising messages, or even hiring practices that are aimed at stealing your key technical employees. There are a wide variety of ill deeds that can occur when companies don’t play fair. At Altera Law Group, we can help you unwind your competitive issues in a cost-effective way that helps you level the playing field and restore the proper balance to the competitive landscape.

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Contract Disputes
Altera's litigation and alliance attorneys are experienced in handling contract disputes regardless of the subject matter. Think of us as business attorneys who happen to specialize in intellectual property. Contract litigation is an area of core competence where we service fully our client’s business needs. When a contract dispute arises, Altera'a team stands ready to advocate your rights in litigation, negotiate a solution, or resolve the matter in alternative dispute proceedings such as mediation or arbitration.

Altera’s experienced litigation team has litigated or participated in a variety of contract matters including licensing disputes; software creation and services contracts; vendor supply agreements; franchise contacts; requirement contracts; trade secret disclosures; non-compete agreements; joint research agreements; and prototype development, to name a few areas.

Business contracts are often complex documents. Contract language and terms are subject to interpretation in accordance with the contract and by case law precedent defining those terms. When a contract dispute arises, the law and facts must be presented in a way that is both understandable to the judge and jury, as well as emotionally compelling in favor of the client. These skills are vital for favorable resolution of contract disputes. Altera’s litigators routinely sharpen these skills by translating complex law and technology into understandable information. Attention to our audience, and an eye for details, are a winning combination in contract disputes.

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