Intellectual Property
HBS offers full-service representation across legal disciplines and across international borders with a focus on the unique business or personal needs of each client.
Overview
Our Intellectual Property group works as a strategic business partner to help clients of all sizes protect, monetize, and defend their intellectual work and creative endeavors. Our team has decades of collective experience in representing individuals and companies of all sizes across most industries in complex patent, trademark, trade secrets, copyright, entertainment, and other matters.
This includes technology companies, businesses engaged in manufacturing, distribution and retail, hospitality and entertainment, agriculture, food and beverage, authors, artists and entertainers, entrepreneurs, and many others.
When our clients are threatened by allegations of infringement or breach of contract suits or pursuing action against someone who has infringed upon their rights, we take an aggressive stance on litigation to protect their interests.
Litigation
We help clients protect the valuable work and intellectual property into which they have invested their time, energy, and resources. Our team works closely with senior leadership to analyze the opportunities and risks of each matter that arise, develop a litigation strategy that aligns with broader business goals, and execute that plan to achieve the desired outcome.
We have extensive experience litigating matters, representing claimants and defendants across numerous industries consumer products, pharmaceuticals, medical devices, manufacturing, distribution and retail, hospitality, insurance, and media and entertainment. Our team has litigated in numerous U.S. District Courts.
We represent clients across all facets of the media and entertainment industry, including artists, agents, producers, managers, writers, entrepreneurs, and companies involved in film, TV, recording, advertising, digital services, gaming, and catalogue publishing. We work with clients on entity formation, brand recognition, transactions, contracts, copyright, trademark, due diligence, defamation, First Amendment issues, and new and emerging technologies.
Defending patented work can be one of the most valuable — and often overlooked — ways to enhance the value of that intellectual property. Our team provides legal, business, and technical guidance to help clients leverage and monetize their patented assets.
We represent clients in post-grant proceedings such as inter partes review (IPR) before the Patent Trial and Appeal Board that challenge the validity of patent claims.
Litigating complex technology disputes presents unique challenges, and our attorneys have technical degrees in fields such as computer science, electrical engineering, mechanical engineering, and physics. Our previous career experience in software development and design, database systems, Internet architecture, manufacturing, textiles, and telecommunications gives us valuable insights into the technical aspects of technology litigation.
We counsel clients on brand strategy, due diligence, registrability opinions, registration, trademark policing, licensing, and asset and technology transfer. Our team has closed thousands of trademark, copyright, and entertainment deals for businesses, and we are active members of various industry societies including NARAS, CMA, and industry non-profit organizations.
Shortened product cycles and job-hopping by employees have raised the stakes in trade secrets claims, and our team works closely with clients to protect their trade secrets and litigate matters that threaten their intellectual assets.
Transactions
Understanding, protecting, and monetizing the value of intellectual assets requires a strategic, thoughtful, and purposeful approach. We assist clients with all types of intellectual property transactions including assignments, licensing, copyright, trademark and patent portfolio analysis and valuation, due diligence, trademark and copyright application registration and maintenance, and trade secret protection.
We assist clients with acquiring or transferring intellectual property rights (copyrights, patents, trademarks, and trade secrets), including deal negotiation and contract drafting.
Our team has extensive experience in IP due diligence, including researching existing bodies of patented, trademarked, or copyrighted works and writing opinions on validity and invalidity.
We help clients save time and money by advising them on whether there is an infringement to be pursued, defended, or otherwise resolved.
Our attorneys have analyzed, valued, and managed IP portfolios for many businesses, including the patent portfolios of major technology companies, and bring valuable insights and first-hand experience to this unique area of IP law.
We help clients negotiate favorable terms, pricing, and contracts to license their patented, trademarked, and copyrighted assets as well as negotiate rights to market products licensed from others.
Entertainment
Our Entertainment Law team represents individuals and companies across the entire industry and on all sides of transactions. We work with artists, producers, managers, talent agents, entrepreneurs, and companies involved in music, film, TV, recording, digital streaming, advertising, on-line services, gaming, intellectual property exploitation, publishing catalog transactions, due diligence, and both new and emerging technologies.
We assist clients on day-to-day needs such as forming new entities and choosing a structure that limits liability.
Our team counsels clients on brand strategy and protecting brands, registrability opinions, copyright and trademark services, licensing, and policing.
We aggressively litigate claims of infringement including copyright, trademark, right of publicity, defamation, advertising, First Amendment, cyber, and insurance.
We work closely with clients to protect their business interests and ensure fair monetization or compensation on a wide variety of proposed transactions, contracts, and other business endeavors.
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