Intellectual Property Law
Intellectual property assets can underpin a company’s success in virtually any industry. Tonkon Torp’s IP lawyers are skilled in the law of trademarks, copyrights, trade secrets and patents, and they enjoy helping clients develop, protect and strategically exploit those assets. Our intellectual property practice encompasses the full range of counseling and compliance services, as well as litigation expertise. We work with exceptional local, national and international patent prosecution firms when our clients need technical patent advice.

Counseling & Transactions

Tonkon Torp attorneys help clients protect and leverage intellectual property assets at all stages of growth. Our advising and transactional services include:
  • Identifying and protecting trademarks, service marks and copyrights
  • Negotiating technology transfer and licensing agreements relating to patents, trademarks, know-how and copyrighted works
  • Negotiating software development and licensing agreements
  • Developing copyright compliance programs, including with respect to open source code
  • Performing due diligence of intellectual property assets in merger and acquisition transactions
  • Protecting inventions, creations and trade secrets through intellectual property assignments, nondisclosure and non-compete agreements
  • Developing privacy policies
When disputes arise in this area, clients turn to our Intellectual Property Litigation team.

Tonkon Torp Leads CamelBak to Victory at the Patent Trial and Appeal Board and Federal Circuit

Tonkon Torp has won a significant patent case for its client, CamelBak Products. CamelBak, based in Petaluma, California and founded in 1989, invented the hands-free hydration category and is the global leader in personal hydration gear. In November 2014, CamelBak was sued for patent infringement on a lid assembly for a beverage container that included cleaning features.

Tonkon Torp Brings Attorney Power to Renewable Energy Transaction

Tonkon Torp client Enel Green Power North America (EGPNA) is the North American subsidiary of one of the largest corporations in the world, the Italian electricity company Enel S.p.A. Here's how we helped EGPNA in a renewable energy acquisition.

Tonkon Torp Represents Vestas in Acquisition of UpWind Solutions

Tonkon Torp represented its client Vestas, the world's largest manufacturer of wind turbines, in the acquisition of UpWind Solutions, Inc., an independent service provider for wind power plants in nine US states. The $60 million acquisition furthers Vestas's strategic objectives for its North America service business.

Tonkon Torp Wins Intellectual Property Judgment for AXTS and Rainier Arms

Jon Stride, lead trial lawyer for Tonkon Torp's Intellectual Property Practice Group, successfully pursued trademark infringement and counterfeiting claims on behalf of AXTS (Salem, OR) and Rainier Arms. AXTS manufactures high-quality after-market firearm parts. It co-brands the RAPTOR charging handle part for AR 15 rifles with Rainier Arms (Auburn, WA) which is sold throughout the United States.

Trademark Dispute Resolution

Represented a national provider of senior living and assisted living facilities in the resolution of a trademark dispute concerning the unique name of a local senior living facility.

Somarakis, Inc. v. Dekker Vacuum Technologies

Representing an international manufacturer of industrial vacuum pumps against a competitor for misappropriating the client's trade secrets and using the trade secrets to interfere with the client's business. The case is filed in the United States District Court for the Middle District of Florida.

Advised Drone Technology Company on Trademark Matters

Advised start-up drone technology company, SkyWard, on trademark protection issues, and subsequently filed applications with the USPTO for entire portfolio of trademarks.

Master Services Agreement for Technology Client

Negotiated Master Services Agreement for technology client's provision of software development, support and consulting services to ABC.

USPTO Trademark Trial and Appeal Board

Represented Sunstone Circuits, a manufacturing and design company in the printed circuit board industry, in the successful resolution and settlement of a trademark dispute before the USPTO Trademark Trial and Appeal Board.

Counterfeiting and Patent Infringement Matter

Representing a Japanese manufacturer of office supplies against a U.S. retailer and Chinese manufacturer in a counterfeiting and design patent infringement matter.

Defense of Distributor Accused of Copyright and Trademark Infringement

Representing a U.S. distributor accused of infringing copyrights and trademarks arising from the purchase and importation of products from a Chinese manufacturer who was licensed to make and sell the products.

Represented Client Developing Turnkey Software Delivery System

Worked with client in developing new turnkey model for the delivery of software as a service for national and international clients.

Represented Client and Irish Software Firm Developing Custom Insurance Application Process

Worked with client and Irish software development firm in the customization of an innovative, streamlined insurance application process for use in a multi-insurance carrier environment.

Negotiated Master Services Agreement for Software Company

Represented a NASDAQ-listed software company in negotiating a master service agreement with a NYSE-listed social networking company.

Represented Multi-National Water Filtration Company in Development Agreement

Represented a multi-national water filtration company in drafting and negotiating a joint development agreement with a U.S.-based chemical technologies company for the development of new water filtration systems.

Start-Up Collaboration Agreements for Prospective Partners

Represented a start-up client in drafting and negotiating collaboration agreements with prospective partners for the purpose of marketing and commercializing new patents and technologies.

Represented Applicant at USPTO Trademark Trial and Appeal Board

Successfully represented trademark applicant Fresh Hemp Foods Ltd. in an opposition proceeding before the USPTO's Trademark Trial and Appeal Board.

Defended Pet Toy Manufacturer

Successfully defended pet toy manufacturer against a motion for temporary restraining order and preliminary injunction based upon allegations of trademark infringement.

Endorsement Agreement

Drafted and negotiated an agreement involving the endorsement services of a reputable, well-known industry expert for a client engaged in manufacturing and selling consumer products.

Purchase of Websites and Online Businesses

Represented purchaser in acquiring websites and online businesses with known intellectual property issues, licensing issues and regulatory compliance issues related to information privacy, security and consumer protection matters, and assisted purchaser in correcting such issues post-closing.

Supreme Court Eliminates Obstacle to Declaratory Relief in Patent Cases

If you are a party to a patent license agreement, the U.S. Supreme Court just made it easier to go to court to test the validity of the patent or whether a licensed product would actually infringe the patent.
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