IP, Technology & e-Commerce
In today's business world, a company's intellectual property (IP) is often its most valuable asset. Our Intellectual Property, Technology & e-Commerce Practice Group advises clients in a wide variety of patent and other intellectual property matters, including disputes in state and federal courts, arbitrations and proceedings before the International Trade Commission, the United States Patent and Trademark Office and the National Advertising Division of the Better Business Bureau.
Our lawyers have technical degrees in such fields as: organic, inorganic and organometallic chemistry; biochemistry; immunology; molecular biology; genetics; mathematics; and electrical, mechanical, aerospace, chemical and biomedical engineering. Many have also worked in the pharmaceutical, chemical, or biotechnology industries in positions ranging from API and formulation development to General Counsel and marketing.
We help clients develop, preserve and commercialize their IP assets and protect those assets against infringement, misappropriation, and unauthorized use. We also counsel clients on emerging legal issues related to e-commerce, the Internet, data privacy, cybersecurity and social media.
We have handled many significant matters involving patents, trademarks, trade secrets, copyrights, and unfair competition. Our clients have included: traditional and Web publishers, advertisers and media companies; medical device manufacturers; cosmetic, fashion and fragrance companies; wireless providers; wind turbine manufacturers; financial services companies; sports interests; and toy businesses and other consumer product companies.
- Representing clients in patent infringement litigation involving herbicides, dyestuffs, polymer coatings (e.g., automotive paint), cosmetics, over-the-counter vitamins, consumer products, genetically modified mice, wind turbines, financial software, e-commerce software and business methods, Blu-ray disc players, baby swings, video games, electrical switches, and textile machinery.
- Representing clients in litigation involving a broad range of copyrightable materials, including databases, books, films, magazines, musical recordings, photographs, commercial illustrations, software, business training materials, and jewelry.
- Representing clients in trademark litigation in a broad range of industries, including fashion, food, chemicals, and cosmetics.
- Advising domestic and international clients on strategic use of their IP assets.
- Assisting clients with trademark and patent licensing and monitoring licensing arrangements.
- Advising clients on the treatment of licenses and the assignment of marks in connection with forming, operating, financing, or selling a business.
- Enforcing and defending trademark, trade dress, trade secret, dilution, and unfair competition rights within the U.S. and internationally.
- Monitoring copyright developments worldwide and counseling clients on copyright compliance.
- Assisting clients with business transactions involving copyrightable materials.
- Negotiating and preparing documents related to Web design, Web hosting and transaction service agreements, contracts with content providers, and software licensing agreements.
- Advising clients on issues ranging from data privacy and cybersecurity concerns to the protection of valuable IP rights that may arise from their online business activities.
- Counseling technology startups and Internet ventures on a wide range of legal and business matters, including selecting an appropriate legal structure, analyzing financing options, preparing a business plan, and negotiating and documenting venture capital investment terms.
- Successfully represented an international financial services company in patent litigation directed at their trading platforms.
- Obtained an ITC exclusion order against a manufacturer of wind turbines who was infringing our client’s patents on a circuit design.
- Represented an international mobile game developer in connection with a smartphone game to be introduced in the United States.
- Successfully obtained an affirmance of an order dismissing a patent infringement action against our client, a Turkish telecommunications carrier, in an action concerning international text and SMS messaging processes.
Attorneys in the Intellectual Property, Technology, & e-Commerce Practice Group work closely with colleagues in the Firm's other Practice groups, including IP Licensing Litigation, Litigation & Alternative Dispute Resolution, and Corporate & Securities providing clients with comprehensive representation.
For 2022, Super Lawyers Recognizes 12 Lawyers in New York Metro Edition and 2 Rising Stars - Oct 11, 2022
Ben Kusmin Promoted to Special Counsel - Oct 5, 2022
Dramatic Win at Trial for the IP Hatch-Waxman Trial Team - Sep 30, 2022
Best Lawyers in America 2023 Recognizes 25 Windels Marx Lawyers, 9 Ones to Watch, 4 Lawyers of the Year - Aug 18, 2022
Jason Lief Joins Windels Marx as Partner - May 9, 2022
Jonathan Kret Promoted to Partner - Mar 18, 2022
Windels Marx Named to the 2022 Roster of U.S. News – Best Lawyers "Best Law Firms" - Nov 4, 2021
Best Lawyers in America 2022 Recognizes 22 Windels Marx Lawyers, 9 Ones to Watch - Aug 19, 2021
IP Hatch-Waxman Act Team Has Important Victory on Behalf of Torrent Pharmaceuticals, Ltd. - Jul 20, 2021
Windels Marx Named to the 2021 Roster of U.S. News – Best Lawyers "Best Law Firms" - Nov 5, 2020
Best Lawyers in America 2021 Recognizes 22 Windels Marx Lawyers, 9 Ones to Watch, 4 Lawyers of the Year - Aug 20, 2020
COVID-19 - NJ Governor Murphy Taps Tony Coscia for the Restart and Recovery Commission - Apr 28, 2020
Windels Marx Promotes 2 to Partner, 3 to Special Counsel - Mar 9, 2020
Connie Huttner Named to IP Stars 2019-2020 - Aug 26, 2019
Best Lawyers in America 2020 Recognizes 16 Windels Marx Lawyers - Aug 15, 2019
Craig Murphy and John Holden Successfully Defend Patent-Pool Manager Against Antitrust Claims - Jun 25, 2013
John Driscoll and Scott Matthews Counsel Turkish Wireless Phone Company in Patent Infringement Case - Dec 9, 2011
Matthew Daus, Windels Marx Publish New Report on Ridesharing Applications - May 28, 2013
Matt Daus, Windels Marx Author "Proposed Model Regulations for Smartphone Applications in the For-Hire Industry" - Nov 14, 2012