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Practice Areas

Intellectual Property

Like many firms, Mohen Cooper LLC’s Intellectual Property Practice is designed to effectively assist you in identifying and protecting your intellectual property. What distinguishes Mohen Cooper is the firm’s commitment to helping its clients in developing their intellectual property portfolio. Utilizing a more comprehensive approach, we not only help identify and protect ideas and inventions, and provide strategic guidance that includes patent, trademark and copyright counseling and prosecution, but we provide business, marketing and strategic counseling for various technologies, business development, transactional, licensing, commercial litigation and other needs.

Your intellectual property needs will be met by Mohen Cooper LLC’s experts who have over 25 years of experience. We help our clients identify, inventory, protect and defend their intellectual property rights, whether it is copyrights, trademarks, trade secrets, designs, service marks, or patents. We consult with our clients on the proper strategy to protect their rights, including how to respond to inquiries or threat letters, and other correspondence to protect a client’s intellectual property and to assess, valuate, protect, establish and grow its clients’ intellectual property portfolio.

Our experts work with clients to develop their intellectual property and assess their intellectual property needs. Mohen Cooper provides the best strategy to protect intellectual property assets, expand an intellectual property portfolio and assess a client’s position in an acquisition, sale, and disclosure, develop and infringement situation. Mohen Cooper provides the expertise in negotiation, investment, prosecution and defense for all intellectual property matters; and if, and when, it is necessary to litigate, Mohen Cooper attorneys are aggressive and ready to protect and further our clients’ specific needs and requirements. Whether it requires asserting your rights against potential infringers to defending you against charges of alleged infringement, our attorneys regularly litigate both bench and jury trials and appeals in courts throughout the United States.

We represent our clients in U.S. Patent and Trademark Office (PTO) interference, reexamination, post-grant proceedings, opposition and cancellation proceedings as well as Federal Trade Commission (FTC) enforcement proceedings and Food and Drug Administration (FDA) approval processes. Through years of experience, Mohen Cooper coordinates and marshals the best talent to serve its clients. We also conduct IP audits, product clearances, negotiate license agreements, and prepare opinions on infringement, validity and enforceability issues.

Mohen Cooper LLC and its experts file patents, copyrights and trademarks, perform due diligence and asset evaluations, negotiate licenses and business deals, and establish and identify business opportunities. We provide correspondence to defend and protect our clients. If patent protection is the best course to protect a patentable invention, we oversee the entire prosecution, referring to, and working with, patent attorneys or agents who specialize in the particular field for proper prosecution and opinion letters. However, through our oversight and performance of all professional services, clients minimize expensive legal fees.

Our patent attorneys work closely with innovators and management, counseling our clients on opportunities to market and sell their ideas. From the beginning stages of our representation, we work in collaboration with our clients to determine whether to seek patent protection, developing the patent’s scope and obtaining appropriate patent protection for their innovations.

With attorneys, patent agents and consultants with experience in pharmaceutical and chemical patents, semiconductor, computer and high technology, bioremediation, lasers, networking, structural, mechanical and civil engineering and advanced medical devices and solutions, we offer seasoned advice on patent, trademark and copyright registrations and regulatory issues including market opportunities, searches, opinions, settlements and litigation.

The firm’s Intellectual Property Group has special expertise in handling the complex problems involved in the registration, exploitation and enforcement of the rights to intellectual property, including trademarks, copyrights, rights of publicity, trade secrets and new media rights, both in the transactional and litigation arenas. The Intellectual Property Group regularly provides counseling to a wide variety of domestic and international companies. We provide day-to-day business counseling, including registration of trademarks, copyrights and domain names, manage clients’ trademark portfolios, conduct e-business audits, and document transactions involving intellectual property.

Patents

With many years of experience handling all aspects of patent law, Mohen Cooper attorneys, patent agents and consultants have an in-depth knowledge of the complexities and nuances of patent office examinations, from prosecution, reexaminations, reissue proceedings, and appeals to the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO). We assist businesses and organizations in diverse industries including consumer goods, pharmaceuticals, bake ware & cookware, and medical devices as well as high tech, computer, semi-conductor, bioremediation, laser and advanced medical technologies. Our professionals’ extensive technical backgrounds combined with decades of experience in patent law enable us to file and build solid patent portfolios through effective prosecution strategies, from conception and reduction to practice to issuance and beyond. We are often involved at the initial stages of evaluating technology for patentability during brainstorming meetings with our clients and inventors, ultimately benefiting our clients through extremely effective patent application drafting and prosecution.

Our patent prosecution practice includes recognized experts and seasoned professionals, as well as experienced junior team members with relatively low billing rates and often significant technical and/or prosecution experience, as well as science and/or engineering backgrounds. Most of our professionals also have litigation experience that enables them to provide the highest quality work by prosecuting applications with an eye toward enforcement.

We train our professionals to draft and prosecute patent applications strategically and with the clients’ interests and instructions always at the forefront. We strive to add value from the invention mining/invention disclosure stage by collaborating with the client’s scientific contributors to set boundaries and to define the scope of the developed invention. We also seek to effectively communicate the achievements of our clients’ inventions to the USPTO and convey the boundaries and advantages of the inventions during the patent prosecution process.

Whether your business is consumer products, medical devices, pharmaceuticals, heavy equipment, apparel, sporting goods, or graphical user interfaces, when a company has invested heavily in the development of its designs, protection is critical. Your designs separate you from the competition, make your products distinctive, and help preserve your competitive advantage. When working with a client to protect its designs, Mohen Cooper takes the time to understand the client’s products and the significance of those products in the client’s overall business plan and the larger competitive landscape. Understanding the broader context allows us to write and obtain stronger, more effective design patents, and to create market barriers that protect your products not only from straight “knock offs,” but also from more subtle attempts to mimic the feel of your designs.

Our firm’s representation goes well beyond simply obtaining a design patent. It’s also about what to do next. From new product development through patenting, litigation, appeal, and even the sale of your portfolio, Mohen Cooper can help. We have represented clients on design patent matters in district courts and before the U.S. Patent and Trademark Office (USPTO), Patent Trial and Appeal Board (PTAB), International Trade Commission (ITC), U.S. Court of Appeals for the Federal Circuit, and U.S. Supreme Court. We regularly advise our clients regarding infringement, validity, and freedom to operate, and we provide accurate and comprehensive evaluation of design rights as part of intellectual property (IP) transactions.

Intellectual Property & Licensing Agreement Litigation

Mohen Cooper regularly litigates trade secret, copyright and trademark cases in federal and state court and advises clients on issues relating to their entry into licensing agreements relating to intellectual property. We also serve as trial counsel in complex trademark, copyright and patent infringement litigation.

Trademarks

Trademark Counseling, Clearance and Litigation ™

The firm regularly counsels clients on all issues confronted by trademark owners in the normal course of their business. As a preliminary matter, this involves familiarizing ourselves with our client’s business, its goals and place in the market. Doing so enables us to provide concrete, client-specific advice on trademark and brand protection. This process is most-often done at Mohen Cooper’s expense. We recognize the need to understand our client’s businesses to effectively represent them, but don’t believe that our client’s should be responsible for this time. It is our intimate familiarity with our client’s business operations that has allowed us to develop such long-standing representation of our clients.

At the clearance stage of the trademark process, our attorneys evaluate the availability of marks for adoption and use, analyze search reports, discuss potential registration issues and provide written clearance opinions.

After evaluating the availability of a trademark or service mark, the firm provides each client with practical advice regarding the adoption of the prospective mark. This may include the filing of a trademark application with the United States Patent and Trademark Office, evaluating whether protection should be obtained abroad and advising as to the best way to obtain that protection. The firm further advises clients on all potential enforcement and litigation issues that may arise.

Trademark Prosecution and Registration ®

The firm is well versed in preparing and prosecuting trademark and service mark applications for marks in all classifications. Our attorneys’ have extensive knowledge of the practices and procedures of the United States Patent and Trademark Office (USPTO) and have successfully obtained federal trademark registration for hundreds of marks throughout the course of their careers.

In addition to drafting and filing applications for registration, the firm will take all actions necessary to achieve registration, such as responding to USPTO refusals and requirements and preparing all required documentation.

Trademark Trial and Appeal Board Proceedings

Mohen Cooper also handles all types of proceedings before the Trademark Trial and Appeal Board. If your mark has been refused registration, our firm can handle your ex parte appeal to argue against a final refusal of your application. Our attorneys also have extensive experience handling contested and uncontested proceedings before the Board. Whether you are seeking to oppose an application, or your application has been opposed by a third party, we can handle your case until resolution. We can also handle your cancellation proceeding, whether you are seeking to cancel a registration or defend against a cancellation action brought by a third party.

Copyrights ©

We assist clients with the protection of intellectual property rights in original works of authorship in all forms of media. Our services include preparing copyright applications, counseling clients regarding protection in registered and unregistered works, enforcing valid copyrights against alleged infringements and defending the fair use of copyrighted works.

our locations

100 Park Avenue - 16th Floor
New York, NY 10017
(212) 984-0619

135 Crossways Park Drive - Suite 402
Woodbury, NY 11797
(516) 280-8600