Intellectual Property

The diverse backgrounds of the attorneys in the Intellectual Property Department at Brownstein are what define our unique perspectives and service. Amongst us are former scientists and engineers, in-house counsel, marketing and advertising consultants, ska band members, college athletes, mountaineers and salmon fishermen. Our department provides a market-based and real-world approach to the management, analysis, protection and defense of your unique intellectual property rights. We make it our business to understand your business.

In our transactional practice, our team procures patents, trademarks and copyrights in federal and foreign jurisdictions for local, national and international clients. We counsel clients on technology, data privacy and brand matters, and build comprehensive and cohesive intellectual property portfolios and strategies. We conduct privacy, cybersecurity and intellectual property audits, prepare and review licensing and technology agreements, and provide due diligence for corporate transactions. We guide product development from initial stages of research through regulatory approval, and research and prepare freedom to practice assessments and infringement, non-infringement and invalidity opinions. Our technical and legal experience is second to none.

Whether at the courthouse or the United States Patent and Trademark Office, our litigation team handles complex patent infringement cases, Patent Trial and Appeal Board (PTAB) inter partes reviews, Trademark Trial and Appeal Board (TTAB) oppositions and cancellations, and trade secret, copyright, trademark, cyber breach and related litigation. We also work with foreign counsel throughout the world to coordinate parallel proceedings outside the United States. We have a track record of courtroom victories and settlements in almost every type of industry that few, if any, of our competitors can match.

Recognition

Chambers USA, 2020

Colorado: Intellectual Property

What the team is known for: A diverse IP offering that is well known for work relating to the commercialization of IP assets both within the USA and globally. Represents clients from sectors such as aerospace, healthcare and software in a range of trademark, copyright and patent matters. Also demonstrates expertise handling licensing issues as well as infringement litigation.

Strengths: One impressed client comments: "The team's practical and pragmatic approach to solving legal problems and closing transactions is second to none."
 
A further interviewee notes: "The firm's patent work is phenomenal and the team provides great IP strategy and advice." 

Representative Matters
  • Represented Galaxy Gaming in AAA arbitration proceeding involving table game High Card Flush. Prevailed on issues of intellectual property ownership, willful infringement, permanent injunction and attorneys’ fees.

  • Counsel to former members of Creedence Clearwater Revival in licensing royalty and trademark cases against record label and John Fogerty in Northern and Central Districts of California.

  • Represented Unwired Planet in multi-patent case against Google involving mobile device location and communication protocols.

  • Served as IP licensing counsel for financial industry client, assisting client in licensing IP assets and entering new markets.

  • Represented a Fortune 250 company for patent protection related to networking, data transmission, content delivery and related hardware. Prepared opinions of counsel for noninfringement, invalidity and freedom to operate.

  • Represented a Fortune 50 company to protect and grow its consumer goods-related intellectual property across a broad range of technologies, including sensors, input mechanisms, imaging, mechanical structures, manufacturing processes and more, spanning thousands of assets worldwide.

  • Counsel to a national health foods manufacturer in ongoing TTAB proceedings concerning the company’s primary mark.

  • Assisted James Frey and Third Floor Fun, LLC to navigate the complex sweepstakes, contests, and promotional pieces throughout “Endgame: The Calling,” which is a story and global contest. Representation consisted of drafting rules of play for the contest and coordinating with local counsel in key international publications to ensure that the promotion was consistent with applicable law.

Publications
News & Events

Meet The Team

S. Craig Hemenway Shareholder T 303.223.1104 chemenway@bhfs.com
Benno M. Guggenheimer Shareholder T 303.223.1202 bguggenheimer@bhfs.com
Erin E. Grolle Shareholder T 702.464.7087 egrolle@bhfs.com
Matthew D. Francis Shareholder T 775.324.4100 mfrancis@bhfs.com
Lise R. Carney Shareholder T 303.223.1283 lcarney@bhfs.com
David S. Atkinson Of Counsel T 303.223.1105 datkinson@bhfs.com
Elissa A. Asaro Patent Agent T 303.223.1333 easaro@bhfs.com
Margaret Martinez Intellectual Property Practice Group Manager T 303.223.1453 mkmartinez@bhfs.com
Tamala Jonas Patent Agent T 303.223.1483 tjonas@bhfs.com
Randolph E. Treece, Ph.D. Patent Agent T 303.223.1362 rtreece@bhfs.com
Peter H. Ajemian Shareholder T 702.464.7003 pajemian@bhfs.com
Trevor J. Bervik Associate T 303.223.1245 tbervik@bhfs.com
Andrew J. Freyer Associate T 303.223.1148 afreyer@bhfs.com
Martha L. Fitzgerald Shareholder T 303.223.1472 mfitzgerald@bhfs.com
Darlene K. Kondo Of Counsel T 303.223.1100 dkondo@bhfs.com
Andrea M. LaFrance Associate T 303.223.1182 alafrance@bhfs.com
Gregory W. Osterloth Of Counsel T 303.223.1273 gosterloth@bhfs.com
Laura Bielinski Langberg Of Counsel T 702.464.7046 llangberg@bhfs.com
Matthew J. McKissick Associate T 702.464.7054 mmckissick@bhfs.com
Peter J. Nagle Of Counsel T 303.223.1180 pnagle@bhfs.com
Airina L. Rodrigues Shareholder T 303.223.1252 arodrigues@bhfs.com
Bryan A. Rech Associate T 303.223.1129 brech@bhfs.com
Benjamin W. Ryan Associate T 303.223.1262 bryan@bhfs.com
Adam Yowell Of Counsel T 775.398.3803 ayowell@bhfs.com
Arthur Zorio Shareholder T 775.398.3812 azorio@bhfs.com
Lindsey A. Williams Associate T 702.464.7056 lwilliams@bhfs.com
Julie Obermeyer Paralegal T 702.464.7079 jobermeyer@bhfs.com
Jeff Tillison Paralegal T 775.398.3819 jtillison@bhfs.com
Nancy Lindsley Paralegal T 775.398.3802 nlindsley@bhfs.com
Shannon M. Kline Paralegal T 702.464.7088 skline@bhfs.com
Stephanie Klepp Paralegal T 303.223.1395 sklepp@bhfs.com
Valerie H. Brown Paralegal T 303.223.1318 vbrown@bhfs.com