Technology & Intellectual Property

Gordon Feinblatt’s patent group has obtained patents for clients ranging from start-ups and early-stage companies to the Fortune 100. We help our clients identify those inventions that will be critical differentiators for their products and services. Our patent attorneys then effectively and efficiently obtain valuable patent protection for those inventions at the U.S. Patent and Trademark Office and work with a network of foreign counsel to obtain patent protection in other countries.  To assist our clients in monetizing their inventions, we draft and negotiate patent licenses that protect our clients’ rights while maximizing economic benefits.  As necessary, our patent group will protect against infringement, or defend claims of infringement, through litigation.  We frequently develop patenting and licensing strategies for clients emerging from research universities or government laboratories that attract investment, deter competition, and establish a presence for our clients in the marketplace. Our patent group also works closely with our clients during product development to avoid legal roadblocks that might prevent them from successfully bringing their products to market. For example, we conduct freedom-to-operate analyses that identify the landscape of patents relevant to our clients’ future products and help them assess the risk of infringement of such patents. When our clients pursue a corporate acquisition, patents will frequently be a critical asset of the target company. Our patent group can assess the ownership, scope, validity, and enforceability of the target company’s patents to help maximize the value of the acquisition. Gordon Feinblatt’s patent group has experience in a wide array of technologies, including cyber security, medical devices, FinTech, EdTech, wearable robotics, and the Internet-of-things. 

Members of our team are high quality and results-oriented attorneys who understand a client’s industry and goals.  Attorneys in the business law area can structure business relationships within an organization and in transactions with business partners to optimize IP protection and effectively achieve business goals.  Acquisitions, licenses, cooperative development agreements, technology transfers and other transactions are all developed and negotiated as a team with the client.  Optimizing funding through working with private investors, venture capitalists, university grants, government-available funding and other investment vehicles is a common aspect of transactions.  We also work with technology companies to ensure compliance with the federal and state securities laws and facilitate investment and future growth/flexibility when bringing investors into a company.  Understanding the nuance of Maryland law is a key component to our advice. We also work with technology companies to ensure compliance with the federal and state securities laws and facilitate investment and future growth/flexibility when bringing investors into a company, and assist with applications for Maryland investor tax credits.  Understanding the nuance of Maryland law is a key component to our advice.

The Intellectual Property team focuses on evaluating, obtaining and protecting trademarks, copyrights and trade secrets.  We understand our clients’ needs in marketing and selling products and services to their consumers.  The Internet, use of social media, Cloud computing and other digital commerce – all with their benefits and pitfalls -- have become a large component of our concentration.  Drafting and negotiating software and hardware licensing agreements – and agreements for apps -- either as a developer or user are staples of our practice.

In the growing area of data privacy and Cloud computing, our attorneys are acutely aware of the protections that businesses need and the related statutory and regulatory obligations to protect data and personal information.  Companies that receive, hold, and/or transmit non-public personal information and other consumer/financial information must be concerned with maintaining the security of such data and the systems on which the data is held.  Gordon Feinblatt’s Financial Services group has extensive experience helping businesses appropriately protect the consumer/financial information that they touch.  Attorneys with experience in Intellectual Property and Financial Services help clients draft privacy policies, website terms and conditions, vendor agreements, and information security policies.  Services also include appropriate data breach management/responses, including compliance with consumer and regulatory notification requirements and compliance with payment card industry rules.  Patient and medical data, governed by HIPAA regulations and parallel state rules, are at the forefront of concerns for any business or person in the medical field.  Health Care attorneys on our tem handle myriad situations and advise healthcare businesses in acquiring, implementing, and negotiating electronic health record systems and related services.

Litigators on our team regularly handle sensitive, high-stakes intellectual property matters, including patent, trade secret, copyright and trademark cases in Maryland and in courts throughout the country.  We also handle disputes over trademark registration at the Trademark Trial and Appeal Board (TTAB).  Our litigators frequently provide pre-suit analysis and advice to assist clients in avoiding litigation when it is possible. As seasoned trial lawyers, our litigators obtain courtroom results when litigation is necessary.  Our litigators also work collaboratively with the transactional attorneys to create a team with deep understanding of the nuances of the agreements or disputes being litigated, drawing upon the deep subject matter expertise of these attorneys.