National IP Enforcement & Litigation Attorneys

With decades of law practice and hands-on experience as engineers, scientists, military officers, and real-world businesspeople, the attorneys at Martensen IP partner with clients to deliver expert legal counsel to protect and maximize their most valuable assets — their intellectual property.

Defending Your IP Claim

As with many areas of intellectual property (IP) law, the issue is not so much claiming ownership of the intellectual property as it is enforcing that claim. A claim on IP can only be made enforceable by following very specific legal rules and practices. Martensen IP devotes much of its practice to advising clients about these complex intellectual property matters in order to ensure that the hard-earned intellectual property rights are correctly exercised.

Our clients benefit from the unique skill set possessed by the attorneys at Martensen IP, including large national firm experience, MBAs, and multiple degrees in engineering. This knowledge base gives us the necessary resources to craft legal advice based on the business culture where our clients function. Martensen IP always predicates its advice on the larger concerns of creating and capturing value for the clients’ businesses in order to maximize competitive advantage in the marketplace.

What Are Typical Steps Involved In Intellectual Property Enforcement?

Intellectual property enforcement actions in the United States typically involve several crucial steps to protect and enforce your rights. At Martensen IP, our Colorado Springs IP enforcement lawyers serving clients nationwide can guide you through each phase.

1. Identification and Documentation: The first step is identifying the infringement and thoroughly documenting it. This includes gathering evidence such as copies of the infringing materials, records of sales, and any communications related to the infringement.
2. Cease and Desist Letter: Often, the initial action involves sending a cease and desist letter to the infringing party. This formal notice demands that the infringer stop their activities and may also seek damages or a settlement.
3. Negotiation: If the infringer responds, negotiations may follow to reach an amicable settlement without resorting to litigation. Our nationwide IP enforcement attorneys are skilled negotiators who aim for favorable outcomes.
4. Mediation and Arbitration: In cases where direct negotiation is insufficient, mediation or arbitration can be effective. These alternative dispute resolution (ADR) methods involve a neutral third party to help resolve the dispute. Our nationwide IP enforcement attorneys have extensive experience in ADR, providing a less adversarial and quicker resolution.
5. Drafting Settlement Agreements: Once a resolution is reached, drafting a comprehensive settlement agreement is crucial to ensure all terms are legally binding and enforceable.

Our IP enforcement lawyers in the U.S. are committed to protecting your intellectual property rights efficiently and effectively, prioritizing alternatives to litigation whenever possible.

Proper Positioning that Prevents Litigation

In the course of our intellectual property enforcement practice, Martensen IP advises clients on antitrust and patent issues. This advice often places an emphasis on preventative measures that will limit the need for expensive patent litigation or enforcement legal action in the future.

Because patent litigation is so expensive, Martensen IP does everything it can to position clients for a clear degree of advantage. By doing so, our clients enter into an enforcement scenario with multiple options and superior control of the situation.

If a client has received a cease-and-desist letter, Martensen IP analyzes the allegations to determine the competitor’s strategy in sending the letter and then crafts an appropriate response. Likewise, we work with our clients to aggressively address competitors who appear to be treading on our client’s intellectual property rights.

In all our services, Martensen IP aims for cost-efficiency and a lean legal practice.

Protect Your Intellectual Property with Martensen IP

At Martensen IP, we understand the importance of protecting your intellectual property rights. Whether you need to defend your IP claim or prevent potential litigation through proper positioning, our team of experienced attorneys is here to help. With our expertise in patent, trademark, and copyright law, we can provide you with the legal guidance and representation you need to safeguard your creative work.

Benefits of working with Martensen IP include:

• Expertise in patent, trademark, and copyright law
• Personalized legal strategies tailored to your specific needs
• Proactive approach to preventing IP disputes
• Responsive and dedicated legal team
• Peace of mind knowing your intellectual property is in good hands

Call (719) 358-2561 or fill out our online contact form to speak with our IP enforcement and litigation lawyers.