Litigation Practice

Ramey & Schwaller attorneys provide aggressive legal representation for our clients. The skilled intellectual property attorneys at our firm are experienced litigators who have technical expertise in areas such as:

  • Oilfield Equipment
  • Downhole Tools
  • Oilfield Chemistry
  • Software
  • Semiconductors
  • Computer Science
  • Telecommunications
  • Medical Devices
  • Pharmaceuticals
  • Chemistry
  • Cellular Telecommunications
  • Agriculture
  • Business Methods
  • Other Engineering Fields
  • Veteran’s Disability Claims Under the America with Disabilities Act
  • Veteran’s Disability Claims for Post-traumatic Stress Syndrome (PTSD)

Our sophisticated, technical backgrounds allow us to speak the language of engineers, doctors, professors, scientists and inventors. Our personal, knowledgeable approach puts your experts at ease and prevents key information from being lost in translation.

Our litigation practice covers the following areas:

Antitrust

The purpose of antitrust law is to promote and maintain market competition by eliminating unfair competitive practices.  While many boutique firms are not prepared to handle antitrust issues, Ramey & Schwaller attorneys gained their antitrust experience at large regional and national firms. We handle government investigations, unfair competition, mergers and acquisitions, counseling, and civil and criminal litigation related to antitrust matters for small- to large-sized companies located worldwide.

Complex Commercial Litigation

Protecting your corporate assets is imperative. Ramey & Schwaller attorneys are experienced litigators who know how protect your assets from infringement. We are also adept at defending your assets when you are unfairly accused of infringing on the intellectual property of others. IP disputes typically involve complex, technical issues and require attorneys who can respond quickly and decisively. Our technical and scientific backgrounds allow us to quickly grasp the technical aspects of your situation. We are responsive and ready to begin work on your case immediately.

Additionally, we have specialized experience in litigating disputes involving enterprise resource management (ERM) systems and supplier relationship management (SRM) systems. ERM proprietary software is used to manage all of a company’s assets, and SRM proprietary systems are used to manage and track supplier interactions as well as their capabilities. These systems are integral in keeping today’s companies on track and within budget. Ramey & Schwaller attorneys have in-depth knowledge of the operation of these systems and are experienced at both establishing and protecting the ownership rights inherent in these proprietary software systems. We are also experienced in breach-of-contract suits related to the use of these systems.

Dispute Resolution

Disputes involving intellectual property issues are complex and expensive. These cases often land in federal courts where the resolution process is lengthy. Many companies seek quicker resolution to these issues. Ramey & Schwaller attorneys are skilled in alternative dispute resolution, mediation and combination approaches that reduce expenses and time while providing satisfying solutions.

Our dispute resolution services include:

  • Non-binding mediation
  • Binding arbitration
  • Resolution of international and multinational disputes
  • Uniform Dispute Resolution Policy filings to recover domain names improperly registered
  • Creation of cross-licenses and distribution agreements
  • Assessments for acquisitions
  • Neutral opinions assessing the strengths/weaknesses and potential settlement value of intellectual property cases

Every Ramey & Schwaller litigation matter is assessed to determine if it would benefit from participation in the alternative dispute resolution process.

General Litigation

While all litigation is complex, some disputes are better categorized as general litigation.

The attorneys at Ramey & Schwaller have decades of experience litigating a wide array of disputes including:

  • Breach of contract;
  • Deceptive trade practice act;
  • Wrongful death;
  • Wrongful death;
  • Veteran’s Disability Claims Under the America with Disabilities Act;
  • Veteran’s Disability Claims for Post-traumatic Stress Syndrome (PTSD);
  • Claims against the Veteran’s Administration;
  • Real estate claims including trespass, lis pendens, nuisance and the like;
  • Business litigation, including shareholder litigation, officer/director litigation, dissolution lawsuits, malpractice, and the like.

Intellectual Property

Our intellectual property litigation practice includes disagreements involving:

Copyright

Ramey & Schwaller attorneys have handled hundreds of copyright disputes, representing both plaintiffs and defendants. Original work deserves the proper protection, and you should be able to ensure that others do not improperly gain financially from the use of your original work. From a defense perspective, companies are often improperly accused of infringing upon another’s copyright when the facts do not support copyright infringement. Protect your rights by hiring experienced, sophisticated intellectual property litigators.

We provide a full range of copyright services to help our clients protect their valuable works of authorship. Ramey & Schwaller attorneys work in partnership with our clients to develop a system the client can use to ensure it captures all of its intellectual property. Copyright protection is one of the most often overlooked pieces of intellectual property law that provides one of the easiest mechanisms for protection.

Inventorship Disputes

The most common issue in inventorship disputes arises when a department head or leader of a research team wants to add his/her name to the patent application. These applications list inventors and every named inventor must be able to point to at least one claim for which they provided input. These issues can sometimes be avoided by determining slight modifications to which the would-be inventor contributed and claiming these modifications in a dependent claim.

Future disputes are sometimes expected when there is risk that an inventor will be laid off or terminated. These disputes can often be avoided by making a detailed list of all the inventors’ contributions and having all involved (inventors and non-inventors) sign agreements documenting the accurateness of the list.

Inventorships can be corrected after the patent is filed, but the process is complex and difficult. Our attorneys have successfully managed this correction process on a number of occasions.

Patent Litigation

Our attorneys have extensive experience in litigating patent infringement cases in the Federal Circuit, ITC and District Courts, including more than 20 district courts. Our attorneys have experience litigating technologies related to oilfield equipment, downhole tools, oilfield chemistry, nanotechnology, pharmaceuticals, chemistry, computer software, semiconductors, cellular telecommunications, medical devices, agriculture, and business methods.

The skilled intellectual property attorneys at our firm have technical expertise in areas such as chemistry, software, semiconductors, medical devices, pharmaceuticals, computer science, cellular telecommunications, telecommunications, agriculture, business methods and a variety of engineering fields.

Ramey & Schwaller attorneys have experience representing both claimants and respondents in ITC 337 proceedings. An important distinction between an infringement action in the ITC and in federal district court is that ITC actions do not usually involve monetary awards. ITC actions typically move faster than similar cases in district courts. Lastly, ITC injunctions, both permanent and temporary, can be broader in scope than their counterparts handed down in district courts.

Trade Secrets

The Uniform Trade Secrets Act defines trade secrets as information (such as a method, program, technique, etc.) that gives a company an advantage, provided that information remains unknown outside of the company. These trade secrets must be protected by controlling what information employees bring in and what information leaves the company through employee termination, business relationships and other avenues.

In matters involving trade secrets, prevention is of prime importance. However, we realize that situations arise in which trade secrets are in immediate danger and steps must be taken quickly to enforce noncompetition, nonsolicitation and confidentiality agreements, and restrictive covenants; and to act to protect assets and property through temporary restraining orders, preliminary and permanent injunctions, and other legal remedies. In these situations, where rapid responses and quick legal reflexes are imperative, Ramey & Schwaller’s experienced attorneys are prepared to advise our clients as to the appropriate measures and move swiftly to take the proper action.

Trademarks

Owners have exclusive rights to the use of their trademarks. When another person uses that mark or a close proximity of that mark in such a way that would likely cause a consumer to become confused as to the source or origin of goods related to that mark, there is cause for an action based on trademark infringement. To prevail in a trademark infringement action, the plaintiff must prove that it has a valid mark entitled to protection and that the defendant used that mark or a similar mark in connection with the sale of services or goods without the plaintiff’s consent. Ramey & Schwaller attorneys have significant experience in trademark disputes, having represented both plaintiffs and defendants in such disputes for many years.

Unfair Competition

Your company has worked hard to build its creative, intellectual and economic intellectual property portfolio. These assets are valuable investments. Over time, you have established good will in your community and industry based on your good name and reliable products. Your customers know that your company name can be depended on to create quality products and services. And your opposition knows they cannot produce junk if they hope to compete with you in the marketplace.

Ramey & Schwaller attorneys know the importance of protecting your business and are experienced at guarding their clients against a variety of threats related to unfair competition involving fraudulent and deceptive practices, including interference with business relations; infringement on trademarks, trade names and service marks; infringement on copyrights, patents and theft of trade secrets; and false advertising, trade defamation and misappropriation of a name or likeness.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>