Intellectual Property, Standard Essential Patents & Trade Secrets

Intellectual property and trade secrets laws protect the intangibles created with the products and technology. Intellectual property litigation includes patent, copyright, trademark and trade secret disputes. Intellectual property rights can also be misused to unlawfully monopolize or exercise market power.

Standard Essential Patents (SEP) give patent holders the power to determine who may participate in a market by their SEP licensing decisions. Antitrust law is an essential part of SEP patents, which are typically subject to Fair and Reasonable Non Discriminatory (FRAND) obligations. Breach of a FRAND commitment given in exchange for standardization of the underlying technology can have market-wide impact and serious antitrust implications.

MoginRubin lawyers represent companies that want to protect their IP and trade secrets or to compete in a market on fair and non-discriminatory terms by licensing a SEP . We have extensive experience prosecuting monopolies gained or maintained by unlawful use of intellectual property. We were one of the first firms in the nation to litigate under the Defend Trade Secrets Act of 2016 [18 U.S.C. § 1836, et seq.] a federal law that allows an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. See some examples of cases we have participated in here.