The increasing importance and value that companies of all sizes and ages have accorded intellectual property has also meant that more and more companies are becoming embroiled in disputes about their Intellectual Property (IP). Resolving such disputes requires counsel who have the proper experience and expertise to recognize the unique nature of the property involved, to discern the nuances of that property's development, to understand how IP disputes are litigated and, most importantly, to appreciate how such disputes relate to the business and business strategy of a company.

 

The attorneys in RatnerPrestia's Litigation practice represent clients from around the world in federal district and appellate courts throughout the United States. They also appear before governmental tribunals such as the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office in trademark oppositions and cancellations and patent interferences. Our attorneys have represented both plaintiffs and defendants across the spectrum of intellectual property including patent, trademark, copyright, unfair competition, right of publicity, and trade secret cases. Our cases have involved IP from a myriad of fields including pharmaceutical, biotechnology, computer software, automotive, publishing, water purification, food science and medical device.

 

While our attorneys appear in courts across the country, our presence in Wilmington makes us particularly well‑suited to handle the growing number of intellectual property cases brought in Delaware, the state of incorporation for many companies. Likewise, our location in Delaware and outside Philadelphia makes the firm a natural choice as local counsel in both venues.

 

A case on appeal is not simply an extension of a case at trial. Rather, appellate practice is a specialization unto itself, involving a review of the case from an entirely different perspective and warranting a dedicated practice group experienced at engaging in a different analysis of the case to meet the needs of the appellate client. Our expertise in handling appeals is derived from the specialized focus of our attorneys, including their combined technical and legal backgrounds, and their experience in appellate practice. While the firm has represented its clients' interests in the regional federal circuit courts of appeal, our appellate specialty is in appeals to the U.S. Court of Appeals for the Federal Circuit, which is the exclusive appellate forum for hearing appeals from any district court in the United States involving patent infringement claims as well as appeals from the U.S. Patent and Trademark Office in patent and trademark matters. RatnerPrestia's appellate practice includes a former judicial clerk and staff attorney who served under two chief judges at the Federal Circuit as well as a former U.S. Attorney who has argued appeals in the regional circuit courts of appeals.

 

The firm is active in the Federal Circuit Bar Association, a national organization of attorneys who practice before the Federal Circuit. The Association offers a forum for common concerns and dialogue between the bar and the Federal Circuit.

 

RatnerPrestia recognizes that litigation is a tool used to achieve a satisfactory business result and not an end in itself. The reality is that the vast majority of disputes are settled, some before a lawsuit is filed and many, long before a final judgment is reached. With this understanding, RatnerPrestia works with its clients to learn their particular needs, interests, objectives, and risk propensity. That approach may lead to litigation, some other adversary proceeding, or an alternative dispute resolution (ADR) process which can be less expensive and more efficient and effective than litigation for obtaining business objectives. ADR options range from the traditional processes of mediation and arbitration, to the more recent mini-trial, summary jury trial, and early neutral evaluation (See the Guide to Alternative Dispute Resolution Process). ADR processes also can be combined to tailor a dispute resolution process to the particular needs of the parties. RatnerPrestia's philosophy of exploring business approaches to dispute resolution is manifest in the services provided by its ADR Group (See business approaches to dispute resolution).

 

Our ADR practice includes attorneys who have represented clients as advocates in ADR processes as both corporate counsel and private practitioners. They have hands-on technology experience, are trained and skilled in litigation, negotiation and transactions. Some serve as neutrals deciding or mediating IP and commercial disputes including for organizations and courts such as the American Arbitration Association, Ocean Tomo, World Intellectual Property Organization, CPR Institute for Dispute Resolution, National Arbitration Forum, U.S. District Court for the Eastern District of Pennsylvania and Chester County Court.

 

RatnerPrestia is proud to be a member of the CPR Institute for Dispute Resolution and to have pledged its assurance that it has lawyers who are knowledgeable about ADR and who, where appropriate, will discuss the availability of ADR with its clients.