Our Areas of Practice

Litigation

A mainstay of the firm’s practice is the experience and ability to handle IP lawsuits for all types of intellectual property, including patents, trademarks, copyrights, and trade secrets. Our lawyers pursue cases in federal and state district and appellate courts, arbitrations, and in the U.S. Patent and Trademark Office. Our lawyers have successfully represented clients in the courtroom against some of the largest companies and law firms in the world. A more detailed explanation of our litigation experience and capabilities and contingency practice is included on a separate page. And, as shown in our representative cases, our lawyers have handled cases by the hour and on a contingent fee involving patents, copyrights, trademarks, trade dress, trade secrets, and false advertising for over 30 years.

Patents

Patents are a significant part of the firm’s practice. Most of our attorneys are registered with the U.S. Patent and Trademark Office (USPTO). Our attorneys have degrees in chemical engineering or computer science with extensive experience in oilfield technology. Over the past 30 years, our attorneys have prepared, prosecuted, and/or litigated numerous patents covering a wide variety of technologies such as downhole tools, tertiary oil recovery systems, smart phones and software, base stations and other telecommunications equipment, vision and facial recognition and monitoring systems, license plate recognition, vehicle collision warning and avoidance systems, surgical devices and procedures, drones, high-speed submersible pumps, methods for making artificial organ models, water treatment systems, semantic software models and electronic document delivery, location systems using global positioning (GPS), music identification, caller identification, computer accessories, wireless navigation and mapping systems, advanced process control, chip fabrication, chemical compositions, cosmetic formulations, hydraulic fracturing, 3-D printing, gas and steam turbines, proppants, medical payment systems, credit card processing, seismic processing, polymer liners for downhole wells, oilfield chemicals, pipe markers, high pressure ball valves, funeral home websites, directional drilling, measurement-while-drilling (MWD) systems, power tongs, remotely operated underwater vehicles (ROVs), subsea assemblies for production platforms, roof assemblies, industrial buildings, bilirubin testing, basic chemicals, fertilizers, surfactants, functionalized polyethylenes, laminates, adhesives, polypropylene blends, polyphenylene sulfide, metallocene catalysts, high speed cable modems, filters, semiconductors, monoclonal antibodies, stents, prosthetics, contact lenses, boat hull design, oilfield equipment, offshore platforms pagers, laser levels, fasteners, “distance to the pin” determination on golf courses, and ski poles.

Trademarks

Another significant part of the firm’s practice is trademarks, including service marks, logos, brands, and trade dress. Our attorneys have successfully represented clients in the courtroom in hard-fought trademark infringement cases. Additionally, we regularly perform initial trademark selections, searches, clearance opinions, infringement evaluations, federal and state registrations, opposition and cancellation proceedings, and licensing of trademarks.

Copyrights

The firm also handles copyrights, ranging from computer software and architectural plans, building designs and sculptures, to music and literary works such as books, logo designs, poetry, and print advertisements. The firm's services include handling the registration of copyrights for its clients, by filing applications with the U.S. Copyright Office.

Trade Secrets

Another practice area is trade secrets. In addition to representing clients in trade secret lawsuits, we also work with clients to help them protect their trade secrets at pre-litigation and transactional stages, in some cases drafting non-disclosure agreements (NDAs), company policies, employment agreements, and licensing agreements.

Unfair Competition

Unfair competition is sometimes referred to as an "umbrella" cause of action that covers a variety of unfair and unethical business practices. Such claims often accompany trademark infringement allegations. In Texas, the essential proof for unfair competition typically overlaps with trademark infringement and involves a finding of likelihood of confusion. The firm's legal team has litigated a number of unfair competition claims, in both federal and state courts. Our lawyers have been involved in both enforcing and defending against such claims, in a variety of scenarios, including oilfield equipment, welding enclosures, hospital products, hair irons, funeral homes, architectural services, garden centers, and restaurants.

False Advertising

False advertising claims are often a part of intellectual property lawsuits. False advertising generally includes false and misleading statements about a product or service that are material and deceptive and that cause injury or are likely to create injury to the party bringing the claim. The firm has successfully pursued false advertising claims in federal court.

Licensing

Preparing and negotiating license agreements is an integral aspect of our practice. Licensing can range from simple trademark licenses and co-existence agreements to more complex technology licenses covering patented or unpatented technology. Our lawyers have successfully negotiated licenses involving portfolios that include over 100 patents.

Consultations

The firm offers a free initial consultation, which is often helpful to answer basic questions about costs and procedures, and even which type of legal protection is appropriate for a particular technology or business idea. We want you to avoid spending money unnecessarily for legal services, and believe it is helpful to provide you with a summary and explanation of what the law protects and doesn’t protect, as well as the limits to such protections. Also, during the pendency of our representation, you may wish to consult with us regarding the intellectual property options.

Protect Your Ideas. Protect Your Innovation.

Contact Elliott & Polasek, PLLC to get started today.

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