Whether you are an inventor or a company, we can help you.
At Colorado Patents, our practice is limited to intellectual property matters including patent, design patent, trademark, trade dress, domain name, copyright, unfair competition law and licensing with an emphasis on patent and trademark infringement litigation.
Sharing offices with Montgomery | Amatuzio | Chase | Bell | Jones, LLP, a premier Denver, Colorado litigation firm providing litigation support and counsel as needed, we are able to handle any intellectual property matter that comes in the door. For example, we recently obtained a multi-million dollar judgement in a patent infringement/unfair competition case involving, believe it or not, “vampire fangs.” You can read more about the case in this Rocky Mountain News article.
How do we do it? Well, Brian Smith, firm president, is a registered patent attorney and engineer who in addition to litigating patent and trademark matters also prosecutes patent and trademark applications. When you're talking to Brian about an infringement matter you're talking to a litigator who has a thorough understanding of patent, trademark and copyright law. You’ll receive immediate answers to your questions—not a legal brief weeks later with the inflated fees you’d get elsewhere.
The firm also prepares, files and prosecutes patent and trademark applications. Here again, Brian’s extensive litigation experience proves invaluable because it enables Brian and other firm attorneys to write patents that will hold up in court. Brian knows first hand why some patents fail in court and others succeed.
For example, patents often fail in court simply because the claims of the patent are too narrow to cover the infringing product. To prevent this from happening, every word in a patent application and its claims must be scrutinized before the patent application is filed to make sure that the invention’s scope is not limited. At the same time, the claims must be written narrowly enough to avoid the prior art (earlier patents, publications and commercialized inventions). This is a delicate balancing act which is highly time consuming but it’s something that must be done if the patent is to hold up in court.
Brian has written patents that have withstood the rigors of litigation. Brian wrote U.S. Patent No 5,319,702 which is owned by T-Netix, now Securus Technologies, which has probably been litigated more than any other patent involving Colorado inventors. The patent covers a process for detecting unauthorized phone calls and has been enforced against companies such as BellSouth, Global TelLink and others and has generated millions of dollars in settlements and licensing royalties.
The need to obtain strong patents is more important now than ever in light of the U.S. Supreme Court’s recent decision in KSR v. Teleflex , which modified the legal standard for obtaining patents. Now, both the patent office and the courts are required to consider the concept of common sense in deciding whether or not an invention is patentable; i.e. is the invention the product of ordinary skill and common sense or is it true innovation? As noted by at least one commentator, the story behind the invention now becomes important and patent attorneys who can tell the "invention story" will be in demand.
Let us tell your invention story. We have written patents in virtually all areas of technology including the medical field, telecommunications, electronics, computers, materials science, alloys, material processing, security field, toys, baby products and you guessed it, vampire fangs. Brian personally reviews every application that’s written by the firm before it’s filed in the patent office. See our Patents Overview page for more information on patents written by the Colorado Patents patent attorneys..
Brian is also available as a consultant and testifying expert witness to assist other attorneys with their patent and trademark matters. Contingent fee (contingency) representation and other types of affordable structured fee arrangements may be available depending on the case.
For more information, please contact us today or call 303-351-6000. We are at your service.