Why Edward J. Marshall, Attorney at Law?

                 Edward Marshall takes the time to understand what your business goals and needs are.  Knowing where your business stands and how you plan on growing your business is vital to providing the protection best suited for your intellectual property. 

One size does not fit all.

             Patent Preparation and Prosecution

             Company A is an original equipment manufacturer (OEM) that wants patent protection for an invention they are sure they will never manufacture.  Instead, Company A wants to use the patent to generate licensing revenue.

             Company B is a startup company that wants patent protection for the idea at the core of its business.  They need this patent protection to prevent potential competitors from entering their market.

             Company C is a system manufacturer that has a large number of patents protecting different aspects of its system.  Company C wants to patent an incremental improvement of its system.

             Even though Companies A, B, and C want to patent their invention, each has different business objectives.  To meet those objectives, Company A might want the specification of its patent to include references to problems potential licensors are likely to encounter.   They might also benefit from a more targeted title and more focused claims to make the benefits of the patent immediately clear to potential licensees.

             Company B might be best served by first pursuing a patent with very broad claims, to exclude from the marketplace as many competing products as possible.  Company B could follow up with additional, more narrowly drawn patents as a hedge against the possibility of the very broad patent being invalidated during litigation.

             Company C may want a patent having claims narrowly drawn to the invention, with the objective of obtaining a patent quickly, with as little cost as possible.  Company C might also want to obtain protection in a foreign country, where the system is assembled prior to shipment into the United States.

             As you can see from the examples above, when drafting a patent there are many things to take into account in addition to the legal requirements .  A patent that is difficult to market might not be very valuable, if the entire reason you want the patent is to license it.  A patent that covers only part of your invention may be worthless to you if it allows competitors to enter the market despite the patent.  And if your goal is obtain a large number of patents, a single, comprehensive patent might have less value than three more targeted patents.

             Counseling

             It almost goes without saying that the amount and type of protection needed for your company’s intellectual property is different from what might be needed by other companies.  A strategy to protect the intellectual property of one company might require more emphasis on copyright and trade secret protection, while another company’s trademarks are its primary intellectual property.  And a patent strategy set up for one company is not necessarily the best patent strategy for another. 

             Negotiation and Licensing

             When it comes to negotiating intellectual property licenses, there is no substitute for understanding your business goals and limitations, and applying that knowledge in combination with a thorough understanding of the legal pitfalls common in intellectual property licenses.  Only by understanding both the legal and business consequences can an advantageous agreement be reached.

             Litigation and Pre-Litigation Services

             Part of understanding your business is understanding the technical aspects of your products.  When evaluating how to respond to a demand letter, or when evaluating a patent infringement claim, understanding how your company’s technology fits into its business goals is crucial to obtaining a favorable outcome. 

Why Edward J. Marshall?

             Edward J. Marshall will take the time necessary to understand your business goals and constraints, and use that knowledge to recommend and implement an intellectual property protection strategy that best fits your particular situation. 

Disclaimer

                         Nothing on this web page or web site is intended to create an attorney-client relationship.  You should not disclose any confidential information, by phone, in an email, or otherwise, until both you and Edward Marshall have agreed that Edward Marshall will represent you in a particular matter.

                         Any confidential information you send to Edward Marshall prior to establishing an attorney client relationship, including any ideas for inventions, will either be returned to you or destroyed at the option of Edward Marshall.  Edward Marshall will not be responsible for any damages resulting from the disclosure of confidential information prior to establishment of an attorney-client relationship.