Energy Intellectual Property

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A “one-stop shop” for all of our clients' IP needs. The breadth of King & Spalding’s Intellectual Property (“IP”) energy practice allows our firm to be a “one-stop shop” for all of our clients' IP needs—patents, trademarks, copyrights and trade secrets—in prosecution, counseling, licensing and litigation activities. Because of this breadth, we are able to provide and advise clients on innovative IP strategies as well as legal challenges they may face to succeed in the highly competitive world market.

Adding value by aligning business goals with strategic IP protection.  Our approach is to align our clients’ business goals with the ability to protect their intellectual property, optimize its value, and increase and protect their market position.  Our IP lawyers are experienced in building and managing a strategic IP protection program that would be aligned with a company's business objectives and scale with any expansion of innovation, acquisition and creation.

We speak the same language.  King & Spalding brings deep scientific and technical expertise to bear on our clients’ transactional patent needs, with more than 80 attorneys and patent agents possessing technical degrees, including more than 24 Ph.D.s, in such diverse areas as electrical engineering, industrial engineering, structural engineering, mechanical engineering, civil engineering, aerospace engineering, computer science, material science engineering, physics, nuclear engineering, chemical engineering, organic and inorganic chemistry.

Trademark | Licensing | Patent Prosecution, Due Diligence, and Opinions/Counseling/Clearance | Litigation | False Advertising

Trademark

We work closely with our clients to preserve their distinctive brand identity and the reputation of their business and its goods and services in an increasingly complex and competitive commercial environment.  We have a successful history of establishing, managing and protecting trademarks worldwide for numerous clients, including Fortune 100 companies and small startup energy firms.

Our practice is global. Since trademark protection is jurisdictional, we work cooperatively with our clients to ensure that they maximize the protection of their portfolio, minimize the legal costs associated with filing for and enforcing their rights and identify innovative solutions to increasingly complex problems. We handle a full range of trademark issues, including:

  • searching and filing for trademarks and domain names;

  • prosecution of applications to registration;

  • maintenance of trademark and domain name registrations;

  • Internet monitoring and enforcement

  • trademark licensing and general counseling;

  • trademark due diligence in mergers and acquisitions; and

  • infringement litigation and anti-counterfeiting work.

To facilitate our global practice, we maintain an extensive network of valued relationships with local counsel contacts around the world. As a result, clients benefit from expedited, priority service and, in many circumstances, receive discounted fee arrangements. In addition, we explore the possibility of utilizing an international filing option for additional cost savings, including a regional system filing such as a Community Trademark application to cover the countries of the European Union and an international treaty filing, namely through the Madrid Protocol.

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Licensing

We have extensive experience representing both licensors and licensees in all forms of licensing and other contractual arrangements that transfer or allocate intellectual property rights, including patents, copyrights, trademarks, trade secrets, know-how, and other confidential information. These contractual arrangements involve business transactions that often address several types of intellectual property and frequently draw upon multiple practice areas.  

Our energy licensing practice focuses on facilitating collaborative relationships for the acquisition, development and exploitation of energy-related intellectual property assets.  We have also worked with clients to leverage their business resources in order to develop manufacturing efficiencies, expand market penetration (both geographic and segment), and maximize distribution networks.  Our attorneys have represented clients in connection with a diverse range of products and services, including the testing and development of oilfield drilling equipment, the marketing and distribution of biofuels, the negotiation and implementation of IT infrastructure systems for a chemical production facility, the acquisition of wind-powered energy facilities and the franchising of consumer petroleum products.

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Patent Prosecution, Due Diligence, and Opinions/Counseling/Clearance

We work closely with companies of all sizes to preserve and increase the value of their patent portfolios, either through in-house development of technology or through purchase of technology via licensing, mergers, and/or acquisitions.  We counsel clients on where to strategically file patent applications and prosecute the patent applications to obtain maximum protection.  

We have particular expertise in managing complex patent portfolios and developing strategies to invalidate or navigate third-party blocking patents covering our clients’ technologies on a worldwide basis.  To facilitate our global practice, we maintain an extensive network of valued relationships with local counsel contacts around the world.  We provide opinions on infringement, non-infringement, invalidity, and freedom-to-operate.  

We also conduct IP related due diligence work on mergers and acquisition transactions.

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Litigation

King & Spalding’s Intellectual Property Practice Group has a deep bench of attorneys with experience handling patent, trademark, and trade secret litigation matters for energy clients.  

Our patent litigation practice pairs trial lawyers who routinely appear in district courts across the United States – including busy venues in Texas, California, and Delaware – with engineers, scientists, and programmers who have decades of relevant experience in the energy industry.  King & Spalding attorneys have also handled inter partes review proceedings in the United States Patent Office and significant ITC patent cases.  

Our trademark litigation practice specializes in coordinating worldwide litigation, U.S. district court litigation, arbitrations, and oppositions before the Trademark Trial and Appeal Board.  Our trade secrets litigation practice is comprised of a cross-functional group of lawyers with expertise in trade secrets, unfair competition, noncompete agreements, intellectual property, and e-discovery laws.  

The Intellectual Property Group also includes a team of appellate lawyers specializing in intellectual property cases who have argued in a variety of appellate courts, including the Federal Circuit and U.S. Supreme Court.  Across the range of intellectual property protections and venues, King & Spalding has experience preserving our clients’ competitive advantages in the energy industry.

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False Advertising

Whether it is clearing an advertisement, taking immediate action to stop a misleading advertisement, or gathering evidence to defend a claim, the lawyers at King & Spalding are experienced in handling all aspects of false advertising and deceptive trade practice matters.  

Our experience ranges from national consumer product advertising campaigns to technical presentations intended for sophisticated audiences.  We provide guidance and assistance to our clients at all stages of a matter.  During the development stage, we work closely with clients to craft and substantiate claims.  Once an advertising campaign has launched, we have the knowledge and experience to handle cases quickly and efficiently, an important skill set as these cases are often fast-moving and involve requests for immediate injunctive relief.

King & Spalding lawyers represent a wide range of clients in advertising disputes – from small independent entities to large multinational companies – in venues ranging from traditional litigation to challenges before national agencies such as the Better Business Bureau’s National Advertising Division (NAD).  From the drawing board to the marketplace, King & Spalding has the experience and creativity necessary obtain the best possible result.

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Jill A McWhirter 
T: +1 713 751 3239 HOUSTON
Natasha H Moffitt 
T: +1 404 572 2783 ATLANTA
Alla Y Naglis 
T: +7 495 228 8504 MOSCOW