PRACTICE AREAS
Business Litigation
We represent entrepreneurs, privately held businesses and public companies in complex cases locally, regionally and internationally. We have enjoyed success before judges, arbitrators and juries. At the same time, we frequently counsel on litigation avoidance and risk management and employ creative means to resolve cases early depending on a client’s business objectives.
We have significant experience litigating sophisticated trust and probate matters, construction disputes, complex commercial issues and shareholder/partnership disputes. Clients include companies in the technology, manufacturing, construction, consumer products and communications industries.
Intellectual Property Litigation
We have litigated and tried patent, trademark and copyright cases in federal courts throughout the country, Europe and Asia and have received favorable results in Markman proceedings, preliminary injunction hearings, structured settlements and at trial.
Our IP litigation experience also includes unfair competition and misuse of trade secrets as well as Internet enforcement under the Anticybersquatting Consumer Protection Act and UDRP proceedings under the arbitration rules adopted by ICANN. Our litigation strategies often implicate licensing and transactional objectives, as our focus is always on the client’s business plan and competitive objectives.
Intellectual Property Counseling
As a leading intellectual property law firm, Scott & Bush is frequently called upon to advise clients across a range of intellectual property issues. We regularly counsel companies concerning licensing strategy, including cross-licensing, and we play an integral role in preparing and assisting with negotiating the resulting license agreements.
In addition, Scott & Bush advises corporate clients on how best to identify, enhance and protect their intellectual property assets. We assess the intellectual property issues related to corporate acquisitions or other transactions, and we are often asked to review relevant language in proposed agreements and negotiate agreements to document those transactions. We also render advice to investment groups or others regarding intellectual property litigation in which a potential target company may be involved.
As part of the Firm’s work for numerous clients, we evaluate and render advice concerning claims that might be asserted against others, and the litigation, pre-litigation and non-litigation strategies for pursuing those claims. We assist clients in establishing procedures for identifying and responding to claims or potential claims for patent, trademark, trade dress and copyright infringement. Occasionally, the Firm has been asked to act as “shadow counsel,” monitoring or assisting counsel who has been engaged to handle a given matter. We also counsel clients on patent infringement issues concerning products they may contemplate introducing to the marketplace, or concerning products that may have been accused of infringement.
Trademark and Copyright Registration, Maintenance and Protection
We focus on trademark and copyright portfolio development and maintenance. Combining our legal knowledge and business expertise, we work with our clients to devise effective, business-focused strategies to maximize intellectual property protection and brand recognition. We routinely advise companies in diverse industries on all issues concerning how best to protect intellectual property assets, and our relationships with firms internationally allow us provide the strategic coordination critical to successful national and international intellectual property protection.