SOLUTIONS PROVIDED

GENERAL COUNSEL

BRADFORD is honored to serve as outside General Counsel to technology, health care and hospitality companies in the United States, South America, Asia, and Africa. For a variety of reasons, many of our clients do not have an attorney on staff. Even for those clients that do have a General Counsel, companies often turn to BRADFORD for general counsel services such as business development, legal strategy, regulatory direction, contract review, and retention of legal experts when unique issues arise that require a deeper level of expertise. We are here to serve.

BRADFORD invests time and energy learning about our clients, the challenges they face, and the fundamentals of their success. We attend trade shows, join trade organizations, and network with others in the field so that we can provide a three-dimensional service to our clients. We become truly invested in your long term success, not the payment of our next bill. We pay attention to what matters to you by learning your industry in order to help predict the challenges you may face. We look forward to every opportunity to help move you closer to your goals.

For example, BRADFORD has joined the Specialty Equipment Manufacturers Association, a trade organization servicing many of our technology clients. We attend the SEMA Auto Show each November so that we may learn and understand the competitive and dynamic automotive aftermarket. BRADFORD has also joined the Western Health Alliance, the Colorado Bio-Sciences Association and the American Rural Hospital Association for the same purpose. Not only are we members, we endeavor to be leaders so that we can help our clients not only in the courtroom, but in the board rooms, show rooms and patient rooms where they actually operate each day.

TRIALS

BRADFORD is a trial firm with the first-chair trial experience to guide any person or company through the complexities, frustrations, and challenges of any lawsuit. Success can take many forms and we work with you to define your goals and achieve them through skillful courtroom advocacy and thoughtful relations with opposing counsel.  In the end, you want a trial lawyer that can walk into any courtroom and tell a compelling narrative that persuades a jury in your favor. We build every case with the jury in mind so that you are ready in the event the other side is unwilling to resolve the case on your terms.

BRADFORD has been designed as lead trial counsel for over a dozen technology, health care, and hospitality companies.  We have handled over a thousand civil disputes and tried over several dozen matters to verdict. Based can upon that experience, BRADFORD trial and litigation experience broadly encompasses three areas:

  1. Complex business disputes involving patents, trademarks, copyrights, anti-competitive conduct, anti-trust violations, false advertising, trade secrets, Lanham Act violations, bad faith and breach of contract,
  2. Defense of catastrophic injury disputes filed by customers or patients where the injury is allegedly caused by an automotive product, a medical device, a licensed professional, a recreational activity or a client’s business operations, and
  3. Last minute retention by a new client to try a case that is days or weeks away. In each instance, BRADFORD has emerged from the trial with either the desired result or one the exceeded the client’s expectations.

When ligation happens, BRADFORD is there to help clients in state, federal and appellate courts around the country. Through a variety of connections, we partner with respected attorney's in the local venue to ensure that local customs and practice are infused into the representation. Strategically based in the Rocky Mountains, we have successfully represented clients in courts based in Arizona, California, Colorado, Kansas, Louisiana, Missouri, Montana, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Virginia, Washington and Wyoming. We have also handled appeals to the Supreme Court of the United States, the Arizona Supreme Court, the Colorado Supreme Court, the Court of Appeals of the Federal Circuit and the Court of Appeals for the 10th Circuit. BRADFORD also offers expert witness services and has served as an expert in patent cases involving claims for attorney fees.  BRADFORD also offers trial consulting in the form of focus groups, mock jury trials and trial strategy services.

INTELLECTUAL PROPERTY

Prosecution: Great Ideas Protected

“TM” is not just a slogan – it is our goal with each service we provide. Identifying and protecting intellectual property is the purest form of this service. A rich and robust intellectual property portfolio should include patents, trademarks and trade dress, copyrights and trade secrets, when applicable. Your company should be actively considering whether it's innovations should be the subject of a patent, trademark or copyright application, and we have the experience to counsel you on how these pieces potentially fit together for your company. Simply put, a robust IP portfolio adds to the bottom line value of your company and the its position in the market place.

We take a full view approach to the protection of your intellectual property. We work with you to determine your corporate policies for encouraging and documenting innovation. We provide in-house trainings for your employees to help them understand intellectual property in the United States.

In particular, BRADFORD works with members of the Specialty Equipment Manufacturers Association and the Colorado BioSciences Association to identify and seek protections for their innovations. We work with SEMA members to identify a multitude of ways to protect their consumer products, including the use of design patents, trademarks and copyright to gain protections for their innovations in shorter order, while the utility patent is pending. In the end, the goal is to obtain relevant protections, in the relevant time frame, not years after the product has lost its market value.

When it comes time to file an application for protection of your company’s intellectual property, we partner with an attorney that is versed in your technology so that the application has the best chance at producing appropriate protections for your innovations, creative works and ideas. We partner with the patent attorney or patent agent to ensure that the application is clear and enforceable if granted by the USPTO. We offer flat fees for the preparation and prosecution of the applications.

Post-Grant Review

With the enactment of the America Invents Act, every company must consider how the post-grant review proceedings can be used to protect their position in the marketplace. BRADFORD works with clients to assess patents newly issued to competitors to determine whether additional challenge should be levied against the patent in the form of a Petition for Review.

Often times, the opportunity to launch a post grant review has passed when a client is served with a lawsuit alleging patent infringement. BRADFORD has substantial experience launching and defending Inter Partes Reviews of patents implicated in a new law suit. The Inter Partes Review Process focuses exclusively on patent validity and can help to stream line the management of any case. We will work with you to determine if and when such a challenge makes sense for your case.

Litigation

BRADFORD represents inventors, creatives and companies in litigation arising out of consumer products that may be covered by a patent, a trademark, a copyright or a trade secret. We represent the intellectual property holder as well as the company accused of using the intellectual property. From Fortune 500 companies to garage inventors, we have handled cases from inception through appeal to the Supreme Court of the United States.

Litigation involving intellectual property is complex and expensive. It is critical that you retain an attorney that can evaluate your case efficiently, completely and provide you with an honest assessment of the risks and benefits of litigation. Often we counsel clients to resolve matters rapidly as the cost of litigation will easily outpace the amount in dispute. As we approach our representation with the long view, we want to ensure that you spend your legal dollars on a fight that is important and one that you can win.

Trial lawyers judge each other by their courage to fail and wisdom to succeed in a tough battle. BRADFORD has substantial lead counsel experience with all aspects of patent litigation including:

  • Injunction hearings,
  • Motions to Stay,
  • Inter Partes Reviews at the United States Patent & Trademark Office,
  • Markman hearings,
  • Summary judgment hearings,
  • Evidentiary hearings to exclude opposing experts,
  • Jury Trials,
  • Post-Trial motions practice,
  • Appeals to the Court of Appeals for the Federal Circuit, and
  • Appeals to the Supreme Court of the the United States.

As a result, BRADFORD can provide you with a full view of the risks and benefits of litigation involving intellectual property, a likely cost associated with the representation, as well as an assessment of the available ways the matter can be resolved. Every case is unique, as are the client’s goals when faced with pursing or defending the case. We work with you, in conjunction with our experience, to define and agree upon a strategy for tackling the case.