Law
Offices
KELLY LOWRY & KELLEY, LLP
PATENT, TRADEMARK AND COPYRIGHT
CAUSES
TEL:
(818) 347-7900
FAX:
(818) 340-2859
E-MAIL:
info@KLKPatentLaw.com
WEBSITE:
www.KLKPatentLaw.com
ADDRESS:
6320
Canoga Avenue
Suite 1650
Woodland
Hills, CA 91367
DIRECTIONS:click
here
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Enforcement of Rights
In
many instances, a simple "cease and desist"
letter informing an infringer of another’s
intellectual property rights is sufficient to resolve
the matter. However, in some situations, a lawsuit
may be the only recourse to stop one company from
infringing another’s patent, trademark or copyright,
or misappropriating its intellectual property rights.
The stakes are often high in intellectual property
litigation and a company's very viability and reputation
can be at risk.
Kelly,
Lowry and Kelley, LLP has substantial litigation experience,
both enforcing its clients’ intellectual property
rights and in defending them against charges of infringement.
The firm limits its practice to intellectual property
law, and thus all of its litigation involves disputes
concerning patents, trademarks, copyrights, trade
secrets, acts of unfair competition and false advertising,
rights of publicity and related licensing and anti-trust
issues. KLK has handled cases from clients in a broad
range of industries, and sought resolution of disputes
involving all types of intellectual property. Representing
both plaintiffs and defendants, KLK has tried cases
in front of juries and judges, in federal and state
courts, and before administrative bodies such as the
U.S. Patent and Trademark Office.
Litigation Process
Typically,
a Complaint is filed to initiate a lawsuit in federal
or state court. An Answer to the Complaint must be
filed soon thereafter (20 days). In some instances,
where more immediate relief is sought, an application
for a Temporary Restraining Order or Preliminary Injunction
is filed to immediately prevent further infringing
acts.
After
the initial filing of the lawsuit, the parties typically
exchange Discovery Requests seeking documents and
answers to specific questions. Discovery also typically
involves the deposition of potential witnesses and
individuals having relevant knowledge of the issues
in the case.
With
the information obtained during Discovery, motions
are considered for deciding the case before trial
or paring down the issues to be tried. The time period
between initiating the lawsuit and the actual trial
can be several months to a year or more. In matters
before the USPTO, there is no "trial", although
a similar series of Discovery Requests, depositions
and filing of motions takes place.
To
hold down legal costs, KLK considers efficiencies
during the litigation process such as preparing opinions
about infringement, examining the merits of a case,
and assessing the likelihood of success.
Intellectual
property is the life-blood of many companies. KLK
views intellectual property as a strategic business
tool, and works closely with its clients to develop
and implement a litigation strategy that complements
their overall business objectives.
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