Continuum Law
(619) 338-0400
402 W. Broadway Suite 400 ♦ San Diego, CA 92101

Intellectual Property

 

        Our practice helps clients develop their intellectual property rights and maximize the benefits that can be realized from them. We can formulate a strategy for the most advantageous use of available forms of intellectual property protection. We help the client weigh the cost versus benefit of each approach and its effectiveness in the context of the client’s business model.

 

        Our intellectual property counseling brings to bear years of in-house experience. Our priorities are top quality legal work, focusing on the budget, and generating a return on investment.

 

Patent Preparation and Prosecution

 

        Patent preparation and prosecution require legal skill, technical skill, and insight. We have experience using these skills across a wide range of subject areas in United States patent prosecution and filings under the Patent Cooperation Treaty. In recent years, the Supreme Court has taken more patent cases than at any other time in the nation’s history. We monitor these cases and adapt to their impact on patent practice.

 

        We feel that it is important to understand your business model and your business objectives when you invest in developing a patent position. We work to help you position your business for a return on that investment. The patent application should consider how you will operate in your market and the potential actions of competitors and infringers.

 

        At Continuum Law, we can help you explore the best ways to build and use your patent portfolio.

 

Trademark and Copyright

 

        Our experience includes building and maintaining worldwide trademark portfolios for public companies as well as helping small businesses to strengthen their brands. There are many options in protecting trademarks. Trademarks may include a brand name, special type, and artwork. We can analyze each situation in order to advise the client as to available strategies. Where the client has an established strategy and simply needs to file the trademark registration, we handle this efficiently as well.

 

        We help clients deal with others who misuse their trademarks, and protect the position of clients who receive cease and desist letters from other trademark owners. This is generally done by informal means. If litigation is cost-justified and necessary, we have the resources to prosecute a law suit.

 

        Copyright protection relates to a wide spectrum of business. We deal with copyrights in the contexts of computer programs, written works, and the visual and performing arts.

 

Trade Secrets

 

        We help clients protect their businesses, whether from employees departing with sensitive data or from competitors. When implementing an in-house trade secret program, we seek to optimize maintenance of a strong legal position with operating efficiency. We work with both commercial and government proposals, proprietary information exchanges during performance of a contract, and new product development.

 

        When disputes arise, we seek to resolve them informally. Some disputes are based on misunderstandings and are solved simply by clarification. Others can be resolved through focusing on the needs of each party. We also understand efficient use of the tools of enforcement in a formal legal action, such as an injunction, which is usually the fastest path to a decision.

 

        Through use of technology escrow, we can help level the playing field for the small or new company bidding against larger, established businesses. A customer is generally more willing to deal with a newer company when it knows that the small company’s technology will remain available even if business conditions change. We maintain relationships with technology escrow companies having the necessary specialized capabilities.

 

        We utilize experience over an extensive range of trade secret issues to help businesses succeed.

 

IP Recognition

 

        Our extensive experience enables us to best analyze an asset for IPOs, sales, liquidations, divorces, bankruptcies, or any client need. We can refine or revise the value proposition in order to maximize value in each of a number of different scenarios. Legal analysis may address such issues as cash flow or market share associated with an asset, ownership issues, and tax consequences.

 

        We employ a diverse skill set to analyze companies. Our work is tailored to the client’s requirements. The scope of effort is designed for cost effectiveness. We maintain our own technical expertise as well as established relationships with a broad array of specialists.

 

        We have an Intellectual Asset Recognition Program designed to seek, identify, and transform existing assets to justify the additional value that investors and creditors are seeking.

 

Entertainment Law

 

        We have experience in representing individuals and companies in the media and entertainment industries. We can provide representation in licensing, contracts, entity formation, copyrighting, and protection of property rights.

 

        We understand that performance content, ownership of a group name, control over bookings, and share of future recording proceeds are areas that have been the basis for serious disputes. Therefore we work toward getting the parties to agree in advance on the nature of their relationship. In doing so, we seek to create a contract to cover the human aspects as well as the legal aspects of a transaction.

 

Licensing

 

        We assist clients in planning, drafting, and negotiating both international and domestic license agreements. We have worked with companies to license a core technology to different companies in separate fields of use, with large companies “licensing in,” and with individual inventors to license products to be manufactured by an established company.

 

        We are sensitive to the special requirements of trademark licensing, where it is important to include a number of license elements in addition to the license grant itself. We have resources available to address the special issues arising when the trademark license is entered into in the context of a franchising agreement.

 

        We have also used licenses as a tool in successfully transferring the assets of a business. We are sensitive to California sales tax issues that can arise in this context.