LITIGATION

OVERVIEW

Our goal is to utilize the most effective and efficient measures to fully protect our clients’ intellectual property rights and to defend our clients against assertions of intellectual property rights by others.

At NTT, we recognize the expense and burden of litigation, and therefore try whenever possible to achieve our clients’ goals without resort to litigation. We have often succeeded, for example, merely through the use of cease-and-desist letters, pre-litigation negotiations, alternative dispute resolution and licensing. However, there are times when competitors will not readily stop their infringing activities, or will not readily stop their threats or assertions against our clients’ lawful business activities. In those instances, litigation often is the best — if not the only — viable solution. If so, we do not hesitate to recommend litigation, and we have the experience, technology and personnel to handle it ably and cost-effectively.

EXPERTISE

Almost all of our members and counsel are experienced litigators. The firm’s members have worked closely together on litigation matters over many years. Particularly in view of the stakes of litigation, we strongly believe in obtaining several members’ views before making critical litigation strategy decisions, and we regularly do so. In addition, we have maintained continuity by capitalizing on the litigation experience of retired members in their continuing roles as “of counsel” to the firm.

In view of our ever-increasing litigation activities, we have several senior‑level litigation attorneys in our firm as associates and in-house “of counsel.” Each of these senior-level attorneys teams with one or more of the members on the firm’s various active litigations, and each brings a unique perspective to the analysis of complex litigation issues. In addition to our members and senior-level attorneys, many of our younger attorneys assist with litigation in addition to their other responsibilities. By way of example, many of our associate attorneys are presently or recently have been assisting with various aspects of litigation, such as document productions, written and deposition discovery and motion practice. We also have a very able and experienced group of paralegals — one or more assigned to each case — who maintain our litigation files, establish and maintain our document databases and litigation technology, and assist our attorneys with the full range of litigation tasks.

SERVICES

NTT have developed expertise in all phases of litigation. Our litigation services in Vietnam, Laos, Cambodia, and Myanmar include:

• Repairing and prosecuting appeals, opposition, and cancellations proceedings in Court and at the Patent & Trademark Office;

• Providing opinions on infringement, validity, enforceability and damages;

• Counseling on litigation and settlement strategy;

• Conducting extensive pre-litigation research;

• Conducting preliminary and comprehensive investigations;

• Conducting and participating in settlement negotiations;

• Drafting and sending cease-and-desist letters;

• Providing a mass-media warning against the infringement;

• Obtaining Court injunctions and Customs directives to block counterfeit goods;

• Assisting with administrative actions to seize counterfeit goods; and

• Conducting intellectual property litigation in civil and criminal proceedings.