The Intellectual Property, Technology and Media Practice Group of Holme Roberts & Owen LLP (HRO) is dedicated to protecting and securing its clients' most irreplaceable assets: their patents, copyrights, trademarks, trade secrets and other intellectual property. HRO’s IP group is composed of lawyers from all of our offices, with attorneys who focus on both business transactions and litigation.

Our Philosophy

Recognizing the relationship between technology and industry trends and our clients' successful development, we make a concerted effort to know each client's business and industry environment to keep abreast of relevant trends affecting our clients. We also understand the unique challenges faced by small and growing companies working in dynamic markets and are particularly sensitive to clients' needs for responsive, cost-effective service.

Because client concerns are our top priority, each matter is the responsibility of one attorney who personally oversees staffing, budget, communication and outcome. We invite clients to participate in decisions affecting the staffing and budget of each matter we handle. In performing services for clients, we strive to realize the maximum efficiency by assigning work to the individuals most qualified to do the work at the least cost.

Our IP Practice Generally

Our IP lawyers have experience in a wide range of industries and technologies, including computer peripherals and software, electronics, biotechnology, medical products, cable television, mechanical devices, environmental remediation and scientific instruments, as well as in all aspects of the entertainment industry, including music, literature, sports and video entertainment. We have handled matters for clients in virtually every substantive area of the intellectual property practice, and we have represented these clients at local, regional and national levels, as well as in various international tribunals and on appeal. We also have extensive experience with alternative dispute resolution, including arbitration and mediation.

Intellectual property problems are rarely discrete, and usually require an appreciation of the "big picture" for successful resolution. In contrast to smaller "boutique" firms, HRO builds on its intellectual property experience with broad-based experience in the related fields of antitrust, employment, tax and general corporate and commercial law, yet is as cost-effective as a smaller boutique firm.

We represent clients in all aspects of intellectual property, including:

• Registration of copyrights and trademarks,
• Prosecution of patent applications,
• Protecting trade secrets,
• Licensing of intellectual property,
• Computer law,
• Internet,
• Electronic commerce,
• Financing,
• Litigation in domestic and foreign forums,
• Alternative dispute resolution, including mediation and arbitration, and
• Audits of intellectual property assets and needs.

Our International IP Practice

In addition to domestic representation, HRO also has an active international practice. In addition to the capabilities of our own European lawyers, our lawyers have established relationships with IP firms in virtually every foreign country. Such firms have been selected based upon technical experience and proven reliability. The relationships are regularly maintained via the necessary retention of local counsel for the filing and prosecution of national patent and trademark applications. By virtue of our excellent foreign relations, our lawyers are able to realize significant benefits in structuring and localizing IP-related transactions. In this regard, HRO has demonstrable experience in the preparation of licensing, supply, distribution, transfer, teaming and development agreements between domestic and foreign entities.

Our IP Litigation Practice

Our IP trial lawyers believe in putting together the best and most cost-effective trial team to serve our clients' needs.  Although our ultimate goal is always to win at trial, we are ever mindful of our clients' business pressures and needs, and we continuously weigh those interests as we work with our clients to develop winning trial and settlement strategies.

Our IP trial lawyers reflect a broad range and depth of experience, skills and resources, which have made us particularly sensitive to the staffing needs and the best interests of our clients. We carefully tailor staffing of a case to best serve our clients' needs and interests. Like our non-litigation colleagues, our IP trial lawyers have experience in a wide range of industries and technologies and have handled matters for clients in virtually every substantive area of the intellectual property practice.

Listed below is a sampling of cases in which we have been involved and that reflect the wide variety of intellectual property matters that we have successfully handled for our clients:

Copyright

Music

• We are currently serving as lead counsel for the Recording Industry Association of America in numerous copyright infringement cases arising from the illegal downloading and sharing of music through services like KaZaA. In the course of this effort, we manage litigation in 47 states, and we supervise and coordinate over 40 local counsel. We recently tried the first of these matters to go to trial. The jury found willful infringement and awarded our clients $222,000. Capital Records, Inc., et al. v. Jammie Thomas, Case No.: 06-CV-1497-MJD-RLE (D. Minn.).
• We represented Michael Jackson and Sony Music Entertainment Corp. in a copyright infringement case in which the plaintiff alleged that Michael Jackson's song Dangerous infringed on her song of the same name. We obtained a defense jury verdict for our clients. Crystal Cartier v. Michael Jackson, et al. (D. Colo 1994). We then successfully represented our clients on appeal. Cartier v. Jackson, 59 F.3d 1046 (10th Cir. 1995).
• We represented two Nashville songwriters, Sony Music Entertainment Corp. and two Nashville music publishers in a copyright infringement case in which the plaintiff claimed that our clients' song, Every Second, which was a hit for country music artist Collin Raye, infringed her song. The case was dismissed before trial, on summary judgment. Maree McRae v. Sony Music Entertainment Corp., 968 F. Supp. 559 (D. Colo. 1997).

Sports

• We represented the Colorado Rockies Baseball Club in a copyright and trademark infringement claim relating to the Rockies' mascot, Dinger. We obtained a favorable settlement early in the proceedings.

Computer Software

• We represented the defendant in a copyright infringement claim for a software system relating to annuity and estate planning products. We obtained a favorable settlement for our client early in the proceedings.
• We represented a plaintiff software company relating to a product in the leadership-training field. We obtained a favorable settlement for our client early in the proceedings.

General

• We represented Skyy Spirits in a case involving copyrights in photographs used in Skyy's advertising. We won summary judgment for our client in the district court, and upheld the judgment on appeal.
• We represented a national toy manufacturer in a copyright infringement claim relating to the clients' copyrighted designs for a wide range of stuffed animals. We obtained a favorable settlement for our clients at the initial settlement conference.

Patent Infringement

• Our IP litigators have been involved in patent infringement cases involving a myriad of technologies, including software, data storage technologies, exercise equipment, electrical controls, archery sporting goods, industrial filters, intravenous therapy (catheters), industrial coatings, adhesive application equipment, railroad track heaters, medical lasers, cryogenics and various recreation equipment.
• In California and Oregon, we defended Rockshox in patent infringement litigation involving their front fork suspension systems for mountain bikes. The dispute centered on highly engineered shock absorbers including oil dampened, elastomer, and air based systems.
• We advanced patent infringement claims based on patents dealing with high speed digital data storage and more particularly digital data back up systems, obtaining a very successful settlement.
• A member of our litigation team successfully defended a patent infringement case relating to an exercise machine in the United States District Court for the District of Delaware and before the International Trade Commission. In re Convertible Rowing Exerciser Patent Litig. He also successfully handled related litigation in the European Patent Office.
• Our IP litigators have handled patent litigation in over 30 different Federal Courts throughout the United States.

Trademark

HRO’s Trademark Practice includes 19 active practitioners. We offer full services including trademark clearance, US and international trademark registration, brand protection and use guidelines, trademark enforcement strategies, trademark litigation including in state and federal courts as well as with the Trademark Trial and Appeal Board, negotiation of coexistence and/or consent agreements prosecution, trademark licensing and IP audits. Our rates are very competitive and our expertise is top notch―US clients and foreign counsel alike have regularly informed us that we provide exceptional counsel and value.

Trade Secrets

We have litigated numerous trade secret cases, involving, among other things, proprietary technologies and processes, customer lists and issues relating to employees. We have vast experience in all phases of litigation in this area, including petitions for emergency relief, temporary restraining orders, and injunction proceedings.