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Intellectual Property Group

Proprietary technologies, scientific processes and creative ideas are priceless and unique assets to your business. In fact, your intellectual property (IP) is your business’ most valuable asset.

Maximizing these investments by protecting them is not optional. You need attorneys that specialize in IP and who thoroughly understand your business and can provide you with the comprehensive legal protection necessary to protect the intellectual property that is the essence of your business. Our experienced IP attorneys are devoted exclusively to delivering our exceptional combination of value, expertise, competitive advantage and proven results as we guide you through the complex IP process. Our IP attorneys serve clients across the United States and overseas, and are highly skilled in providing IP counsel and services in foreign markets.

We offer a full range of intellectual property legal services, including:

  • Copyrights
  • Patents
  • Trademarks
  • Litigation
  • Trade Secrets
  • Unfair Competition

Copyrights

Our IP attorneys work with our clients to protect their original works of authorship from unauthorized copying. We have managed a full range of copyright matters, including but not limited to protecting:

  • Architectural plans
  • Computer hardware and software programming code
  • Mask works (computer chips)
  • Ornamental products, such as jewelry, lamps, etc.
  • Sound recordings
  • Videos and movies
  • Visual works such as photos, drawings, sculptures and paintings
  • Written works such as books, manuscripts, poetry, sheet music, reports, manuals, product schematics and plans, maps, etc.

Our copyright practice is divided into three primary areas registering copyrights, licensing and prosecuting and defending copyright suits in the courts.

Registering Copyrights

Our IP attorneys assist clients in the registration of copyrights. With the help of our paralegals, we can keep copyright registration costs low, making it cost effective to register your valuable copyrights.

Licensing

Our attorneys assist clients in licensing their copyrights to others and securing licenses from third parties. Licenses can be structured in many ways to best meet the expectations and requirements of both parties. Our attorneys draw upon their previous experience to craft a suitable agreement, and we utilize creativity in addressing new situations.

Prosecuting and Defending Copyright Suits in the Courts

Our IP attorneys enforce their clients’ copyrights against infringers and defend their clients when threatened with infringement. Often copyright disputes can be resolved without resorting to litigation. If the copyright was timely registered, statutory damages can be awarded which can exceed the lost profits caused by the infringement.

Patents

We offer our clients a full range of patent services, covering every phase of patent work, including obtaining patent protection for our clients, protecting foreign patent rights, avoiding patent infringement issues, licensing and prosecuting and defending patent suits.

Obtaining Patent Protection for our Clients

All of our IP attorneys hold engineering or science/technology degrees and are licensed by the United States Patent and Trademark Office. We understand the value of the technologies your business has developed, and are adept at developing patent applications that will give your innovations the protection you need, regardless of the type of technology involved.

Protecting Foreign Patent Rights

Requirements for obtaining and protect patents vary greatly from country to country. With significant experience in foreign patent work, our attorneys are extremely familiar with the nuances of patent work in markets around the world, and are capable of protecting the integrity of your patents.

Avoiding Patent Infringement Issues

We are extremely proficient in working with comprehensive patent databases to keep you to avoid infringing on the patents of your competition. We also have the experience to recognize when your patents are being infringed upon and when action must be taken to protect your intellectual capital.

Licensing

The maximum value of your innovative technologies can be realized through the strategic, visionary execution of licensing agreements. This is where the return on your investments of time, energy, technical expertise, creativity and capital must be realized. The well-executed licensing agreements our attorneys develop ensure you will maximize your return on investment (ROI). At the same time, we understand when your best choice is to license a technology from other entities.

Prosecuting and Defending Patent Suits

Our IP attorneys have deep experience in both the plaintiff and defense side of patent suits. We have the experience to litigate vigorously and effectively on behalf of our clients, and have won multi-million dollar patent infringement suits on behalf of our clients. We also recognize when it’s more cost-effective to employ arbitration, mediation and other forms of alternative dispute resolution. In addition, we have significant experience in representations before the Patent Trial and Appeal Board of the United States Patent and Trademark Office. We have the experience and the business acumen to understand the best strategy to employ with each matter.

Trademarks

The distinction of a well-advised business is how well the business protects its name and its brands. Registering trademark rights and aggressively protecting them should be a priority for any organization. Our trademark practice is focused on five primary areas of obtaining trademark protection, protecting foreign rights, infringement avoidance, licensing and prosecuting and defending trademark suits in the courts.

Obtaining Trademark Protection

Our attorneys assist clients in protecting one of their most valuable assets: their names and brands. We dedicate a significant portion of their practice to trademark protection.

Protecting Foreign Rights

We attorneys routinely help clients protect their names and brands in foreign countries. By utilizing international treaties and our network of foreign associates we are able to secure and enforce our client’s trademark rights around the world.

Infringement Avoidance

A trademark availability search should be performed before using a new mark to help determine if a proposed mark is already in use or if a confusingly similar mark exists for related goods and/or services. Our attorneys perform clearance searches to counsel clients about the risk associated with proposed marks to help prevent clients from adopting marks already in use.

Licensing

Our attorneys assist clients in licensing their trademarks to others and, also, securing licenses from third parties. Licenses can be structured in many ways to best meet the expectations and requirements of both parties. We draw upon their previous experience to craft a suitable agreement, and we utilize creativity in addressing new situations.

Prosecuting and Defending Trademark Suits in the Courts

Our IP attorneys have successfully prosecuted and defended many trademark suits in state and federal courts. We have successfully obtained injunctions against others who use marks similar to our clients’ marks and prevented the issuance of injunctions against our clients’ use of marks. We also prosecute and defend trademark registration opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. In addition, our attorneys work with the United States Customs Department to prevent infringing products from entering the United States from other countries.

Litigation

Matters of IP litigation pose a serious financial risk to companies and individuals alike, and require very technical knowledge and an analytical approach in order to achieve a successful outcome. At Sandberg Phoenix, we have experienced both criminal and civil intellectual property cases from both the plaintiff and defendant sides and possess significant expertise in a diverse variety of situations and claims.

We understand that intellectual property cases require efficient and decisive action to recover damages or mitigate the impact of the litigation on the ability of the company to continue functioning and returning a profit. These cases are high stakes and require an in-depth knowledge of our clients’ products and industries and the ability to synthesize complex, technical information into an easily-understood concept for juries and judges.

We are experienced in a wide range of intellectual property disputes, including patent, copyright and trademark infringement, false advertising, licensing and trade secret and trade dress matters. These cases have taken place in Missouri, Illinois, Michigan, Virginia, Alabama and California, among other states. We have handled cases involving agencies including the International Trade Commission (ITC), Federal Trade Commission (FTC) and Trademark Trial and Appeal Board (TTAB). From applications for emergency injunctive relief, including restraining orders, preliminary injunctions and seizures to declaratory judgment proceedings, trials and appeals, our attorneys are prepared to handle virtually any situation involving your IP rights.

Services: Intellectual Property

Trademark & Copyright Litigation

Our attorneys offer diligent and comprehensive legal advice and representation in state and federal trademark and copyright litigation for individuals, entrepreneurs, small businesses and established entities. We understand how vital it is to our clients to protect their intellectually property – trademark, service mark, trade name, trade secret and copyright or license.

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Corporate Formation, Governance & Advice

We can advise and counsel you on formation of business entities such as C corporations, S corporations, general and limited partnerships and limited liability companies. We can guide you to ensure that the entity structure will meet the needs dictated by you and your business model.

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Cybersecurity & Privacy Risk Management

From incident response to compliance, our Cybersecurity & Privacy Risk Management team takes a proactive approach to cybersecurity and data protection for clients in numerous industries.  

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Business Strategies & Advice

Our attorneys have broad experience representing closely held businesses of all shapes and sizes. Our attorneys provide guidance to closely held businesses on ownership transition, regulation, realization and preservation of value and other issues unique to closely held businesses.

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Mechanics Liens

Our construction company or supplier clients can rely on us when they have performed their work and have not gotten paid. You can count on our firm to react quickly to preserve the company’s right to claim and enforce a mechanic’s lien on the property that has received the benefit of the work and materials provided.

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Personal Injury & Tort Defense

Our Personal Injury and Tort Defense attorneys have extensive experience in handling litigation on behalf of businesses and property owners and have successfully defended cases involving injuries to guests at amusement parks, motels, restaurants and bars and sports facilities.

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Insurance Coverage & Bad Faith

We provide our clients with in-depth coverage opinions relating to complicated factual scenarios and complex legal issues. Our expertise in and extensive knowledge of insurance law qualifies us to provide our clients with cost-effective, sophisticated coverage analysis.

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5
RANKED 5TH LARGEST PATENT LAW FIRM ON 2020 ST. LOUIS BUSINESS JOURNAL LARGEST PATENT LAW FIRMS LIST
16
OUR INTELLECTUAL PROPERTY PRACTICE GROUP INCLUDES 16 ATTORNEYS
231
IN 2018, OUR INTELLECTUAL PROPERTY ATTORNEYS OBTAINED 231 PATENTS: 137 FOREIGN AND 94 IN THE UNITED STATES.

Industries: Intellectual Property

Restaurants

As restaurant companies become larger and their business practices more complex, they face legal challenges similar to any large-scale business enterprise. Issues that our restaurant clients regularly face include raising capital, mergers and acquisitions, complicated financings and sale/leaseback transactions. Often, restaurants also need legal guidance in real estate, contract, regulatory, intellectual property and labor and employment matters.

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Wholesale & Retail Services

Our team helps retail clients conduct business transactions, resolve disputes and navigate government regulation so they can grow and prosper. We provide services to our clients who are seeking capital, are restructuring, dealing with workforce issues, tax planning or resolving a dispute.

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Real Estate

Our team spans the real estate industry, from debt and equity analysis, development of simple and complex projects and capital management, to corporate real estate services and landlord and tenant services.

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Cannabis

Our broad range of practice groups, industries and services provides our attorneys with the experience and expertise to help clients navigate their way through a variety of issues cannabis cultivators, suppliers and distributors face in this emerging and highly regulated industry. 

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Energy & Natural Resources

Our energy and natural resources practice is comprised of a multi-disciplinary team of legal professionals equipped to handle the complex requirements of utilities and companies operating in the energy, public water supply, telephone and sewer industries.

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Consumer Products

Our lawyers regularly represent designers, manufacturers and distributors of consumer products such as household appliances, lawn mowers, power tools and consumer electronic devices.

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Nonprofits & Foundations

Our attorneys are committed to civic involvement and have represented a significant number of charitable organizations and foundations. Our attorneys draft articles, bylaws, operating agreements and other formation documents that are best suited to the particular needs of your nonprofit organization.

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Transportation

Our practices are founded on a thorough understanding of our trucking and transportation clients’ businesses, as well the complex regulatory structure that governs the industry. We defend commercial transportation litigation matters for clients in the trucking industry and represent international transportation and logistics companies and small local businesses in dealing with all aspects of transportation litigation, including catastrophic personal injury and property damage claims.

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