Property disputes involve recovering money, possession of property, and intellectual property infringement. Intellectual property litigation attorneys represent clients in court and arbitration hearings to prosecute and defend intellectual property rights claims. Some attorneys specialize in certain types of intellectual property matters. Arbitration rules are often more lenient than court rules, but lawyers must still argue their client’s position before an arbitrator or panel.
Property disputes are court disputes that include recovery of money, possession of property, and injunctions for intellectual property infringement or defense against claims of infringement. Legal disputes often involve real estate transactions, such as with commercial and residential properties, but they also involve intellectual property claims. Copyright, patent, and trademark disputes are all examples of property disputes that courts must resolve on a regular basis. Intellectual property includes inventions, processes and intangible properties that result from the use of a person’s creativity. Plaintiffs often resort to intellectual property litigation to prevent others from using their intellectual property in the market without their permission and to recover damages for illegal use.
Intellectual property litigation attorneys represent clients in trial and appellate courts. In the United States, attorneys who represent clients in federal and state courts are often able to represent clients before the United States Patent and Trademark Office as well. Prosecuting and defending intellectual property rights claims is often the primary task of intellectual property litigation attorneys. Lawyers seek a favorable outcome for their clients in court rulings or settlements with opposing parties.
Some attorneys specialize in representing clients with certain types of intellectual property matters, such as copyright, patent, or trade secret disputes. For example, some attorneys may only deal with patent infringement matters due to the level of legal and technological knowledge needed to be successful in litigation in those matters. Clients also often expect their attorneys who discuss matters on their behalf to advise them in order to protect their intellectual property rights and prevent future litigation.
Some disputes begin and end with intellectual property arbitration, and litigants often represent clients in arbitration hearings. Parties seeking arbitration often do so based on an agreement they have signed, but some parties agree to arbitration in an effort to save money on attorney fees. Arbitration rules are often more lenient than court rules for intellectual property disputes, but lawyers must still argue their client’s position before an arbitrator or panel. During the arbitration hearing, the litigants must present evidence, and some of the evidence may be admissible even if it would not be admissible in a court trial. Plaintiffs and defendants may also rely on intellectual property litigation attorneys to advise in arbitration hearings, but represent themselves in arbitral hearings.
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