Building, Protecting, and Monetizing Your IP Assets

Patent prosecution is a cornerstone of our practice at Davidoff Hutcher & Citron LLP. We work with clients to identify commercially valuable inventions and develop patent strategies that deliver lasting business impact. Our attorneys collaborate closely with inventors throughout the drafting and prosecution process, preparing applications with carefully calibrated claim coverage designed to withstand invalidity challenges before the Patent Trial and Appeal Board (PTAB).

For software-related inventions, we place particular emphasis on upfront eligibility assessments grounded in current USPTO guidance and case law, enabling clients to make informed decisions about which inventions to pursue.

With extensive experience before the USPTO, we are skilled at analyzing Office Actions and crafting effective responses — leveraging Examiner interviews as a key tool in advancing prosecution. We also offer flexible fee arrangements and cost predictability for both drafting and prosecution matters.

Our practice encompasses utility and design patents across a broad range of technical fields, with domestic and international filing strategies that utilize the Patent Cooperation Treaty (PCT) for utility patents and the Hague System for design patents. Beyond prosecution, we advise on licensing, monetization, and patent portfolio strategy aligned with each client’s business objectives.

We are also experienced in patent enforcement and litigation, including defending against infringement claims and preparing inter partes review (IPR) petitions.

Strong brands drive competitive advantage, and trademark registration is one of the most effective tools for protecting and enhancing business value. We assist clients of all sizes — from startups to established enterprises — with registering and protecting logos, slogans, and brand names in the United States and internationally, tailoring our approach to each client’s objectives and budget.

Our services extend beyond registration to include enforcement strategy and dispute resolution, ensuring clients are positioned to defend their brands at every stage.

We also represent clients in domain name disputes, including proceedings under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). UDRP proceedings offer an expedited administrative process for resolving disputes arising from the bad-faith registration or use of domain names that are identical or confusingly similar to an established trademark — commonly known as cybersquatting. We handle these matters efficiently, from filing the initial complaint through final resolution.

Our trademark clients span a broad range of industries, including software, mobile applications, real estate, medical devices, toy manufacturing, and equipment rental, among others.

Our services include securing copyright protection for a broad spectrum of works — among them books, music, software, jewelry, and other creative works — as well as drafting and negotiating transfer and licensing agreements tailored to each client’s needs. We have particular experience serving clients in the entertainment, music, and cloud computing industries, among others.

When disputes arise, we represent clients in negotiations and proceedings designed to protect their rights and preserve the value of their creative assets.

We routinely counsel clients on trade secret concerns that emerge in the context of employee departures, as well as advising companies on how to minimize the risk that their own employees’ actions could give rise to misappropriation claims by competitors.

Our attorneys draft and negotiate a full range of agreements that implicate trade secret protection, including NDAs, collaboration agreements, and joint venture arrangements. In each engagement, we bring careful attention to confidentiality considerations to ensure that our clients’ critical information remains protected.

Data privacy and cybersecurity law is one of the fastest-evolving areas of legal practice. Businesses across virtually every industry face growing obligations to protect their networks and data — and the consequences of falling short can be severe. Data breaches can cause significant operational and reputational harm, making both prevention and rapid response essential.

The regulatory landscape is complex and continues to expand. From the California Privacy Rights Act (CPRA) and the EU General Data Protection Regulation (GDPR) to a growing body of state and international laws, companies must navigate overlapping frameworks that govern what personal data may be collected and stored, how it must be protected, and what disclosures are required. We counsel clients across industries — including digital advertising, telecommunications, and financial services — on understanding and managing these obligations as the legal landscape evolves.

Privacy Policies and Website Compliance
We draft privacy and cookie policies tailored to each client’s business and advise on website compliance with applicable data privacy requirements. This includes guidance on consumer disclosures regarding the collection, use, and sharing of personal information, as well as practical strategies — such as footer notices, popup banners, and cookie consent tools — to reduce non-compliance risk.

A particular area of focus is the use of third-party tracking pixels and similar technologies. In recent years, companies have faced a wave of lawsuits and consumer arbitrations alleging invasion of privacy, wiretapping violations, and related claims arising from standard website tracking practices. We advise clients on risk mitigation strategies — including appropriate notice mechanisms and click-through agreements — designed to reduce exposure before problems arise.

Defense of Privacy Claims and Consumer Arbitrations
When claims do arise, we provide vigorous defense. Courts in states such as California have permitted plaintiffs to pursue invasion of privacy claims under decades-old wiretapping statutes based on how websites handle browsing data — and consumer arbitration filings in this space have become increasingly common, imposing substantial litigation costs on businesses regardless of merit.

We defend clients against these claims, providing candid assessments of case strengths and weaknesses, strategic counsel on whether to litigate or resolve, and — critically — longer-term guidance on addressing any underlying compliance gaps to reduce the risk of future exposure.