Practice Areas

Opinions and Counseling

Marshall, Gerstein & Borun couples strengths in all areas relating to intellectual property law with depth of experience in the entire range of technical subject matter to provide clients with counseling of the highest caliber. As authorities on intellectual property issues, we are frequently called upon to provide independent legal opinions relating to the validity, infringement or non-infringement of the intellectual property for both clients and non-clients.   

Our attorneys’ timely and competent counseling helps clients to maximize the value of their intellectual property assets while minimizing the odds of conflict with the intellectual property of others. We are skilled at counseling clients on how best to secure protection, whether through patents (design or utility), trademarks, trade dress, copyrights, domain names, trade secrets, covenants not-to-compete, or other restrictive covenants. Our proficiency in rendering high-quality independent legal opinions extends to performing "freedom to practice" or "clearance" analyses of products, methods and packaging, as well as providing our clients with "design around" advice to avoid potential conflicts.

Marshall Gerstein & Borun’s versatile counseling skills encompass the full range of intellectual property issues, including conducting intellectual property due diligence for the sale or acquisition of a business or under other circumstances and rendering related legal opinions and advice as appropriate.

Should a dispute arise, or if litigation is threatened, our attorneys provide skilled counseling and decisive guidance based upon significant trial experience and a level of sophistication that has earned us a formidable reputation in the litigation arena. In addition to providing legal opinions or advice relating to the merits of any intellectual property dispute, we offer guidance on dispute resolution mechanisms such as mediation and arbitration in conjunction with or as an alternative to litigation.

We utilize whatever means necessary and appropriate to manage conflicts to provide the most beneficial outcomes for our clients.