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Bergin

Pat Bergin, Associate, IP Team

Intellectual Property

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Intellectual property (IP) is a highly technical area of law, and we have staffed our firm accordingly. Our attorneys are well versed in both the legal and technical engineering and scientific aspects of proprietary information.

We counsel clients on all aspects of patents, trademarks, copyrights, and trade secret. We are committed to helping our clients throughout the IP process from application for protection to enforcement of rights to infringement prosecution.

General IP

  • Defining and valuing your IP 
  • IP portfolio audits 
  • IP protection recommendations 
  • IP opinions for different purposes, e.g. patent non-infringement, patent invalidity, etc. 
  • Preparation and negotiation of IP license agreements 
  • IP portion "due diligence" for business acquisition or transfer 
  • IP sales or assignments

Patents 

  • Explanation of the tests for patentability and suggested alternatives 
  • Patent searches 
  • Preparation and prosecution of patent applications 
  • Docketing and maintaining the patent for its lifetime

Trademarks 

  • Evaluation of the mark, determination of current usage and recommendations for further usage 
  • Trademark searches 
  • Preparation and prosecution of trademark registration applications 
  • Docketing the registered mark for maintenance and renewal

Copyrights 

  • Review and determination whether the work is protectable 
  • Preparation and prosecution of copyright registration applications

Trade Secrets 

  • Identification of trade secrets 
  • Recommendation for trade secret protection 
  • Preparation of third-party and employee agreements to protect trade secrets

Litigation 

  • Preparation and response to notices of infringement or cease and desist letters 
  • Enforcement of IP assets 
  • Defense against claims of infringement or misappropriation 
  • In the case of alleged patent infringement, preparation and prosecution of requests for patent re-examination

For additional information related to our Intellectual Property practice, please contact Joseph Heino at 414.225.1452 or jheino@dkattorneys.com.

Attorneys' Notable Representations

  • Heino

    Joseph S. Heino

    Joe assisted Smart Balance, Inc. in its acquisition of the SMART BALANCE line of products, analyzing the validity and assignability of certain intellectual property assets prior to acquisition, and, following acquisition, continuing to participate and advise the client in a wide variety of patent, trademark and licensing issues.

  • Bergin

    Patrick M. Bergin

    Patrick advises a local medical and therapeutic device company on intellectual property matters including right to use issues, patent procurement and trademark portfolio management.

  • Bergin

    Patrick M. Bergin

    Patrick assists GFA Brands, Inc., a mid-sized publicly traded specialty food company, with a variety of intellectual property issues including domestic and foreign trademark registrations, advertising review and trademark monitoring.

  • Heino

    Joseph S. Heino

    Joe has experience assisting clients (e.g. Prosonix, LLC, Nercon Engineering Co., Inc.) in preparing non-infringement analyses and written opinions where the clients have been accused of patent or other intellectual property infringement. He has assisted and advised our litigation team in developing strategies to assert and/or defend intellectual property infringement claims.

  • Heino

    Joseph S. Heino

    Joe has assisted clients (e.g. 4imprint, Inc., Grede Foundries, Inc.) with conducting on-site intellectual property audits and training seminars to raise client awareness as to the existence of intellectual property assets and to initiate steps to be taken by the client to develop intellectual property strategies to protect those assets, all of which affects the client’s “bottom line.”

  • Heino

    Joseph S. Heino

    Joe has assisted any number of clients who desire to enter the marketplace with a new product and who want to have “clearance” of such product by analysis and written opinion of counsel to minimize exposure against potentially adverse intellectual property infringement claims.

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