Oldaker Law

Intellectual Property Law Services

Intangible assets have become the foundation of the global economy, drastically changing the business landscape over the past century. As businesses look to gain competitive advantages in any way possible to increase their market share, companies that have failed to recognize the value of and protect their intellectual property assets have suffered. Oldaker Law has the know-how and experience to provide comprehensive guidance and strategies for intellectual property protection and enforcement for independent inventors and companies that are large, small, established, or just starting-up.

Patent Prosecution

Oldaker Law knows how to draft patents and patent portfolios to give clients outstanding coverage. We know how to concentrate our efforts for the optimal use of your time and resources and are willing to work with clients with budgets. Oldaker Law holds its patents to a high level of quality, regardless of the patent portfolio size or project scope.

Oldaker Law attorneys have plenty of experience prosecuting utility and design patent applications in many technical fields, including: medical devices, pharmaceuticals, biological inventions, mechanical inventions, alternative energy, chemistry, nanotechnology, appliances, gas grills, kitchen equipment, beverage dispensing, food packaging, toys, software, electrical inventions, internal combustion engines, and wireless communications. If your new invention straddles several technical fields of endeavor – we are always looking to take on a new challenge.

Trademarks

A company’s brand is one of its most important assets – and usually one of its most valuable. Its unique trade names are what set it apart from the competition, and the investment a company makes in any type of marketing, public outreach, or engagement efforts indirectly and substantially increase the value of those names and brands. Protecting these assets is of the utmost importance. Oldaker Law helps clear new potential marks and protect established marks with well-constructed trade or service mark applications. Oldaker Law attorneys have worked with many clients to ensure their marks are used correctly. We also work tirelessly to identify potentially conflicting marks to protect clients in the United States and around the globe.

In addition to obtaining and perfecting trademark rights, Oldaker Law is committed to helping clients leverage their brands through enforcement of trademark / service mark rights, primarily in Federal Court.

Patent Analytics

Patents are by their nature technical documents, and the scope of patent claims can be difficult to understand even by seasoned professionals. Oldaker Law offers several patent analytics services that present core technical concepts in terms that are accessible to varied audiences, such as C-level executives, upper management, investors, and engineers alike. The patent analytics services offered by Oldaker Law provide companies or individuals the opportunity to:

Measure the strength of their own existing patent portfolios
Identify potential infringers and licensing opportunities
Obtain insights to adjust product strategies
Identify technical spaces to expand portfolio coverage and obtain new patents
Identify possible acquisition targets
Obtain technical claim charts to aid in the determination of whether a particular
claimed concept is applicable to a particular product or method

IP Acquisition & Due Diligence

Any person or business seeking to purchase intellectual property should undertake due diligence before closing a transaction. “Due diligence” may generally be described as the procedure of gathering facts and data concerning a business transaction, and then identifying and weighing any risks associated with such a transaction. A key challenge in any transaction is how to complete the due diligence process within time and budgetary constraints.

Due diligence in transactions concerning intellectual property involves many issues that may be unfamiliar to even seasoned M&A professionals. Oldaker Law can assist with the intellectual property due diligence investigation for any individual or business seeking to acquire a patent, an intellectual property portfolio, a company, or intellectual property licenses. Oldaker Law also assists businesses or individuals that are planning to sell all or part of an IP portfolio in preparation for the due diligence of potential buyers. Oldaker Law may also be retained to provide opinions on intellectual property during the due diligence process, concerning topics including eligibility, enforceability, infringement, and damages.

Freedom To Operate

Commercializing inventions involve considerable expense and risk. The risk of being prevented from making, using, selling, or importing a new invention, product, or product line can be best mitigated by performing a freedom to operate investigation before product development to provide a roadmap that can aid in steering clear of risks.

One of the most common misconceptions of the patent system in the United States is that while receiving patents will allow an inventor or business to exclude others from practicing those patented inventions, the vast majority of the time those patents do not provide the inventor the exclusive right to practice those inventions. For example, a different inventor may have an older, broader patent that encompasses newer inventions.

A freedom to operate analysis by Oldaker Law can help ascertain whether a potential new product or method can be practiced without implicating the patent rights of another inventor or business.

Opinions

Oldaker Law is available to provide opinions on several topics for parties in active litigation. Since Oldaker Law has vast litigation experience and expertise, Oldaker Law may be relied upon to provide opinions on behalf of a client where Oldaker Law refrains from active conduct of litigation. That client’s trial attorneys may then be insulated from the possibility of being called as witnesses or being disqualified.

Oldaker Law may be retained to provide unbiased advice and opinions regarding intellectual property litigation matters. Oldaker Law may also be retained to provide opinions on intellectual property during the due diligence process, concerning topics including eligibility, enforceability, infringement, and damages. Oldaker Law may be called upon to provide opinions concerning:

pre-suit investigations for patent cases
patent eligibility (35 U.S.C. § 101)
infringement of patents, copyrights, or trademarks
validity of patents, copyrights, or trademarks
chain of title for intellectual property assets
trade secret misappropriation

Post-Grant Proceedings

Oldaker Law attorneys have handled dozens of post-grant proceedings, such as Patent Office Trials and reexaminations, in addition to having litigated numerous patent cases and appeals. Oldaker Law may be retained to handle the following post-grant proceedings:

Inter Partes Review (“IPR”)
post-grant review (“PGR”)
Ex Parte Reexamination
Inter Partes Reexamination
Reissue proceedings

Oldaker Law is available to assist clients in utilizing post-grant proceedings to perfect its patent rights in light of newly-discovered prior art, amend its claims for better coverage in the marketplace, challenge the patent rights of a competitor, or defend its patents against challenges by competitors or serial IPR filers.