The Law Offices of Eugene M. Cummings,...
Transcript of The Law Offices of Eugene M. Cummings,...
The Law Offices of Eugene M. Cummings, P.C.
Intellectual Property Law
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The Law Offices of Eugene M. Cummings, P.C.
Eugene Cummings founded the firm bearing his name in 1981 with
the sole intention of providing world class intellectual property
representation to businesses and individuals. Our firm is respected
as one of the top intellectual property firms in the country. Clients
ranging from individual inventors to large corporations trust us to
represent them in their intellectual property interests. Eugene M.
Cummings, P.C. focuses on providing personalized representation,
protection and enforcement of rights to individuals and businesses
in all areas of intellectual property. Our firm specializes in patent
licensing and litigation and has collected hundreds of millions of
dollars on behalf of its clients.
Experienced. Personalized. Committed.
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The Law Offices of Eugene M. Cummings, P.C.
Eugene M. Cummings, P.C. attorneys regularly handle a broad
spectrum of patent issues, including patent validity, patent
infringement, priority of invention, inequitable conduct, damages,
patent misuse, antitrust, licensing, marketing, and preliminary and
permanent injunctions, among others. Once patent protection is
obtained, we are able to give our clients the benefit of our strong
licensing and enforcement experience to maximize the value of their
patent portfolio. Eugene M. Cummings, P.C. is focused on negotiating
and drafting licenses and technology transfer agreements, which
range from industry-wide patent licensing agreements to cross-
licensing programs and technology partnerships.
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Because of the successes of skilled patent attorneys, such as Mr.
Cummings, general practice firms have been attracted to patent
litigation and licensing. However, general practice firms are ill-
equipped to deal with the complexities of patent litigation and
patent law. Given the expertise of Eugene M. Cummings, P.C. in
litigating and licensing complex patent matters, our clients can
expect us to efficiently enforce, protect and defend their inventions
and patents.
Patent Licensing and Litigation
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The Law Offices of Eugene M. Cummings, P.C.
As the global economy becomes increasingly focused on
technological industries, a business’s ability to safeguard and
capitalize on its innovation is crucial to ensuring continuing
prosperity and sustainability. Eugene M. Cummings, P.C. is
dedicated to protecting, enforcing, defending and maximizing
clients’ ideas, creativity, and innovations in virtually every industry
and technology. Our attorneys combine their varied technical
backgrounds with an appreciation for and understanding of our
clients’ business priorities.
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Our attorneys have decades of experience practicing before
the United States Patent & Trademark Office. Additionally, our
attorneys have extensive technical experience. Our varied technical
backgrounds together with our extensive legal experience make
us uniquely situated to obtain the best possible patent protection
for our clients. Moreover, the attorneys of Eugene M. Cummings,
P.C. have in-depth experience with international patent protection,
and can draw upon a network of foreign associates to protect our
clients’ inventions throughout the world.
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We offer personalized service to our clients at each phase of the
patent process. Our attorneys become involved in the early stages
of product development in order to better assist our clients in
determining whether their proposed invention may be infringing of a
competitor’s patent. Evaluating the patent rights of your competitors
is often just as important as obtaining patent rights. Our clients need
to know if they are free to produce their products without infringing
on the intellectual property rights of others. Our lawyers are often
retained to render infringement and validity opinions with respect
to patents and products of competitors of our clients.
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Traditional IP Services Patent Law
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The Law Offices of Eugene M. Cummings, P.C.
Traditional IP Services Patent Law … continued
We then assess whether the client’s invention is patentable and, if it
is, we draft the patent application while in constant communication
with the client. Our attorneys are dedicated to ensuring that we
obtain the broadest possible protection for each prosecution matter.
Therefore, we take steps to guarantee that we fully understand
the breadth of the invention and the intention of the inventor. For
instance, we will go to our clients’ place of business to meet with
the inventors to discuss the invention and the patent.
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We measure the risk of exposure of the products or services of
our clients to potential claims of infringement of patents owned
by competitors and, conversely, determine whether there is
infringement of patents obtained for our clients by the products of
competitors.
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The Law Offices of Eugene M. Cummings, P.C.
Traditional IP Services Patent Law … continued
M. Cummings, P.C. offers professional legal expertise to clients, on
either a traditional fee-for-service arrangement or on an alternative
fee arrangement. Our firm provides legal services relating to all
intellectual property related matters, including:
Patent Law Patent Litigation Patent Licensing Patent Application Preparation Patent Application Prosecution
Intellectual Property Portfolio Management IP Portfolio Assessment IP Portfolio Licensing IP Related Contract Preparation
Trademark Law Trademark Litigation Trademark Licensing
Patent Reexamination Proceedings Patent Interference Proceedings Patent Validity Assessment Patent Infringement Assessment
IP Related Contract Review IP Related Seminars Product Development Review
Trademark Application Preparation Trademark Application Prosecution
Copyright Law Copyright Litigation Copyright Licensing Copyright Application Preparation Copyright Application Prosecution
Trade Secret Law General Trade Secret Law Counseling
Insurance IP Insurance Coverage Assessment
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The Law Offices of Eugene M. Cummings, P.C.
Eugene M. Cummings, P.C. attorneys work with clients at every
step of the trademark development process including assisting in
the creation, identification, registration and licensing of marks. Our
experienced trademark litigators also have decades of experience
practicing before federal courts and the United States Trademark
Trial and Appeal Board (TTAB) to ensure that our clients’ brands are
protected. Our attorneys are experienced in the broader field of unfair
competition law. Such matters include trade dress infringement,
false advertising, deceptive trade practices, misappropriation,
passing off, defamation, right of publicity, parody, counterfeiting
and related issues. The broad experience and in-depth knowledge
of our attorneys allow us to provide comprehensive, creative legal
counsel that assists our clients in building and maintaining the
reputation that those marks represent.
Traditional IP Services Trademark Law
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The Law Offices of Eugene M. Cummings, P.C.
The management of intellectual property, especially in technology-
based companies, has become a critical competitive arena in global
commerce. Without thoughtful planning and a useful knowledge
base to support decision-making, companies are not able to
adequately safeguard their valuable intellectual property.
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Eugene M. Cummings, P.C. attorneys have the skills and experience
required to develop and/or acquire intellectual property rights and
to leverage these assets in the marketplace. More importantly, our
firm has the skill and experience to help businesses make informed
decisions regarding what to protect and how to protect it. Our
attorneys assess our clients’ IP portfolios and determine how best
to protect their individual needs. To maximize the IP portfolio’s
value, we offer our clients our considerable licensing expertise.
To this end, we are skilled in preparing, drafting and reviewing IP
related contracts.
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We believe that equipping our clients with a strong knowledge
base on the basics of intellectual property law assists them in the
maintenance and protection of their IP portfolios. Accordingly, we
often provide complimentary IP related seminars to our clients and
their employees.
Traditional IP Services IP Portfolio Management
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The Law Offices of Eugene M. Cummings, P.C.
Enforcing a patent through litigation is a highly complex process
which involves extensive technical and legal expertise. The costs
associated with enforcing a patent through trial can exceed $3
million. In a traditional fee-for-service arrangement, the client is billed
by the hour and pays for any expenses relating to the litigation (e.g.,
court filing fees, trial preparation costs, expert witness fees, etc.).
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Eugene M. Cummings, P.C. understands that enforcing a patent
portfolio can be very expensive for independent inventors and small
businesses. Through alternative fee arrangements, our firm allows
a patent owner an opportunity to enforce its portfolio against even
the most powerful corporations. In a contingency fee arrangement,
the client is not billed by the hour. Instead, the firm is compensated
by receiving a percentage of the settlement or trial award.
Alternative Fee Arrangements
Eugene M. Cummings
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The Law Offices of Eugene M. Cummings, P.C.
Cleversafe, Inc.
Chicago, IL
Software and hardware developer for dispersed data storage
networks.
Electro-Motive Diesel, Inc. (EMD)
LaGrange, IL
One of the world’s largest manufacturers of diesel engines and
diesel-electric locomotives. Formerly the Electro-Motive Division
of General Motors Corp.
Klein Tools, Inc.
Lincolnshire, IL
Manufacturer of premium hand tools widely used in the electrical
industry.
Philos Technologies, Inc.
Wheeling, IL
National provider of surface treatment technology for the tooling
and manufacturing industries.
Schweitzer Engineering Laboratories, Inc. (SEL)
Pullman, WA
International manufacturer and designer of power system
protection devices.
Representative Clients
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The Law Offices of Eugene M. Cummings, P.C.
Past Representative Licensing & Litigation Experience
Telesonics Systems Inc.
Telesonics Systems, Inc. v. Zenith Electronics Corp., N.D.Ill
An early case handled by Eugene M. Cummings was the representation of Telesonics Systems, the developer of the U.S. stereo sound television system. This case resulted in one of the most successful patent licensing campaigns of its time. The patents owned by Telesonics, United States Patent Number 4,048,654 and 4,139,866, were both drafted by Eugene Cummings, and when Telesonics was unable to find a firm willing to represent it without a large upfront payment, Mr. Cummings agreed to represent Telesonics on a contingent fee basis.
Nissim Corp.
Attorneys from Eugene M. Cummings, P.C. represented Nissim Corp., a Florida-based engineering company, in the licensing of its DVD related patents to the consumer electronics industry. As a result of our extensive licensing efforts, nearly every major manufacturer that produces, markets, or sells DVD players in the United States now pays a royalty to Nissim.
Orbsak, LLC
Orbsak, LLC v. Dell, Inc.,et al., E.D.Tx. Orbsak, LLC v. Directv Group, Inc.,et al., E.D.Tx. Orbsak, LLC v. General Instrument Corp., N.D.Ill.
Attorneys from Eugene M. Cummings, P.C. represented Orbsak, LLC, a California-based engineering group, in multiple patent infringement suits against the television and digital broadcast industry. In the course of litigation, every major manufacturer agreed to license the Orbsak patents.
Feature Film Services, Inc.
Feature Film Services, Inc. v. Echostar Commc Corp., et al., N.D.Ill
Eugene M. Cummings represented Feature Film Services, LLC, a Chicago-based engineering firm, in the licensing and litigation of a portfolio of encryption patents. After extensive litigation, all major distributors of television programming accepted licenses under the client’s patents.
Our Successes
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The Law Offices of Eugene M. Cummings, P.C.
Finoc Design Consulting Oy
Finoc Design Consulting Oy v. 2 Wire Inc., et al., E.D.Tx.
Eugene M. Cummings, P.C. is currently representing the Finnish company, FINOC Design Consulting Oy, in the enforcement of U.S. Patent No. 6,850,560 against manufacturers of DSL equipment.
Microlinc, LLC
Microlinc, LLC v. Intel Corp., et al., E.D.Tx.
Eugene M. Cummings, P.C. is currently representing Microlinc in the enforcement of U.S. Patent No. 6,009,488 against the computer industry. Our firm successfully represented Microlinc in reexamination proceedings against this patent, which resulted in the confirmation of a key original claim as well as the issuance of additional claims further defining Microlinc’s innovation in the field of packet based computer buses.
Premier International Associates
Premier International Associates v. Microsoft Corp., et al., E.D.Tx. Premier International Associates v. Hewlett-Packard, et al., E.D.Tx.Premier International Associates v. Apple Computer, E.D.Tx
Attorneys from Eugene M. Cummings, P.C. represented Premier International Associates, LLC, a Chicago-based software company, against Apple Computer in a patent infringement suit. After a successful Markman hearing that eviscerated Apple’s invalidity and infringement defenses, Apple Computer was forced to take a license on terms favorable to Premier. Eugene M. Cummings, P.C. is currently representing Premier in the enforcement of its patents against other industry leaders.
Metamorfyx, LLC
Metamorfyx, LLC v. Logitech, Inc., N.D.Ill. Metamorfyx, LLC v. Datadisk Technologies, N.D.Ill. Metamorfyx, LLC v. Compusa, Inc., N.D.Ill. Metamorfyx, LLC v. Bencole Int’l Inc., N.D.Ill. Metamorfyx, LLC v. Tech Manufacturing Group, N.D.Ill. Metamorfyx, LLC v. Micro Innovations, N.D.Ill.
Attorneys from Eugene M. Cummings, P.C. represented Metamorfyx, LLC, a California-based engineering group, in multiple patent infringement suits against the keyboard industry. In the course of litigation, nearly every major manufacturer of ergonomic keyboards agreed to license the Metamorfyx patents. Eugene M. Cummings, P.C. is currently representing Metamorfyx in arbitration proceedings.
Current Representative Licensing & Litigation Experience
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The Law Offices of Eugene M. Cummings, P.C.
Patent Related Ventures
Acoustic Technologies, LLC.
Acoustic Technologies, LLC is a manufacturer of a unique patent-pending loudspeaker which combines a single 3” high-efficiency full range driver with an ingenious enclosure, which serves as an amplifier and resonator to accurately reproduce a coherent, naturally synthesized sound over a large range of frequencies. These single-driver loudspeakers create a realistic three-dimensional listening experience over previously unattainable range of listening positions. Eugene M. Cummings is the Managing Member of Acoustic Technologies while members of Eugene M. Cummings, P.C. are currently involved in all aspects of the company from corporate formation and governance to the design, branding and patenting of the company’s products.
IsoClear, Inc.
IsoClear, Inc. is a manufacturer of a patented contact lens cleaning system having compartments that include a biocompatible surface coating which removes contaminants from the surface of the lens. Eugene M. Cummings is the President of IsoClear while members of Eugene M. Cummings, P.C. are currently involved in all aspects of the company from corporate formation and governance to the design, branding and patenting of the company’s products.
Sierra Election Systems, LLC (formerly, AutoMARK Technical Systems, LLC)
AutoMARK Technical Systems, the manufacturer of a patented voter assist terminal of which over 50,000 units were sold for use in 37 states, provided voters with disabilities the ability to vote using a private and secure electronic ballot marking method. Eugene M. Cummings invented this voter assist terminal and was the Founder and President of AutoMARK. Members of Eugene M. Cummings, P.C. were involved in many aspects of the company from corporate formation and governance to the design, branding and patenting of the company’s products. AutoMARK’s intellectual property was acquired by Election Systems & Software, Inc. (ES&S), who still manufactures and sells AutoMARK branded and related products. AutoMARK’s successor company, Sierra Election Systems, LLC, still manufactures and sells voting equipment throughout the United States. Eugene M. Cummings currently serves as President of Sierra Election Systems.
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The Law Offices of Eugene M. Cummings, P.C.
Contact Us
The Law Offices of Eugene M. Cummings, P.C.
One North Wacker Drive
Suite 4130
Chicago, Illinois 60606
Tel: 312-984-0144
Fax: 312-984-0146
Email: [email protected]
www.emcpc.com