United States > Intellectual property > Overview
The leading players in the intellectual property market consist of larger IP boutiques, full-coverage firms and general practice commercial firms. Full-service firms are increasingly specialising in IP to capitalize on the growing workload in global brand protection, while smaller IP boutiques continue to struggle in an increasingly competitive market. New media continues to present challenges and opportunities to dispute what and where protection rights lie.
New York-based Darby & Darby, one of the oldest IP boutiques in the US, was dissolved, with lawyers leaving to join general practice firms such as McDermott Will & Emery LLP and Stroock & Stroock & Lavan LLP, while San Francisco’s Townsend and Townsend and Crew merged with Kilpatrick Stockton to form Kilpatrick Townsend & Stockton at the start of 2011. Once one of the IP powerhouses,
Emerging technology and new media continue to influence and shape the issues facing copyright law, particularly the challenges presented by the internet’s growing role in the music, film, television and publishing industries. The firms in the copyright table advise on complex disputes in court as well as on corporate and transactional matters such as licensing and ownership. The legal copyright market is relatively fractured, with practices tending to specialise in particular areas, such as literary, arts, entertainment, film, music and new technology.
Firms listed in the patent licensing section work on the preparation and negotiation of joint development agreements, as well as being active in other patent fields. Firms in this ranking have the ability to deal with complex licensing issues across a number of industries and countries for some of the world’s largest companies, as well as representing those with a particularly high volume of patents. A large number of firms in the table are also equipped to deal with licensing issues arising from patent litigation settlements.
Firms listed in the patent litigation table handle work in the US district, federal and supreme courts, as well as before the International Trade Commission (ITC). They also advise on interference matters before the United States Patent and Trademark Office (USPTO). The section encompasses firms that are competent across the full range of industry sectors as well as those that have specialist focus areas, such as hi-tech, life sciences, mechanical and energy.
The ITC’s time-efficient and cost-saving proceedings remain popular for IP cases, with 2010 seeing the volume of cases rise by three quarters from 2009. There was a high concentration of cases related to smart phone technology in 2010, with both individual applicants and foreign companies making up a significant percentage of filers for protecting US patents. The rankings in the ITC patent litigation section cover IP firms specialising in ITC investigations as well as general practice and full-coverage firms that demonstrate strong expertise before the ITC.
The utility and design patents ranking lists US practices with strong capabilities in non-contentious patent applications and utility and design patent prosecution. Firms listed in the rankings also handle a high volume of patent applications and filings, while the ability to draft US applications and the strength of a firm’s US and foreign client base are relevant factors in assessing its ranking. As the US has seen a marked increase in ex parte and inter partes re-examinations, reissue applications and interferences in recent years, firms with strong capabilities in these areas are also recognized.
The landmark Tiffany v eBay dispute, concerning the extent to which eBay and other consumer resale sites are required to police counterfeit sales, has dominated the contentious trademark landscape in 2010. Firms in this section demonstrate specialist focus and depth in the area, litigating on complex issues at court, including domain name disputes, and anti-counterfeiting and gray market goods cases.
Firms listed in the trademarks: non-contentious section demonstrate the ability to manage well-known brands, with a particular emphasis on large, complex and unique portfolios for the world’s leading companies. The section encompasses practices dealing with matters including enforcement, policing, protection, licensing and procurement, with credit given to global reach in terms of protecting marks in multiple jurisdictions.