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Enforcement
Intellectual property rights are "negative" rights. They give the property owner the right to exclude or stop others from taking action, but not the right to take action for him or herself, as such action may infringe the rights of others.
Intellectual property rights are infringed by unauthorized use, for example, by making, using or selling your invention, using your trademark, or a similar mark, in commerce, or copying your copyrighted work, all of which are analogous to a trespass on real property.
Rights which we may have helped you obtain, or improve, may need to be defended against such infringement. Or, you may have been accused of infringing someone else's intellectual property.
Such conflicts can often be resolved without filing a lawsuit, and if a lawsuit is filed, the dispute is most often settled before trial. However, should litigation be required, Mr. Janke has worked with experienced intellectual property litigators and has ongoing reciprocal relationships with such litigators, so that Portland Intellectual Property, LLC is able to accommodate your litigation needs.
The property owner often seeks to authorize the actions taken, by selling the property, or licensing all or portions of it. Either will require a negotiation leading to a contract defining the terms of the sale or license. Licenses, particularly, can be complex. Mr. Janke has experience in license and sale negotiations and contract drafting. In addition, he has a reciprocal relationship with a colleague who specializes in complex licensing matters, who was for many years in-house counsel for one of the world's largest electronics firms.