IP Protection of Data

For companies in almost every industry, data is a highly valued asset. But most organizations struggle to adequately protect their proprietary data and systems.


For companies in almost every industry, data is a highly valued asset. But most organizations struggle to adequately protect their proprietary data and systems.

Traditional approaches typically rely on a combination of copyright and trade secret protections, but miss opportunities for patent protection. In recent years, Sterne Kessler has, for example:

  • Provided strategic patent prosecution advice to a client who provides leading solutions in marketing, risk, communications, security and registry that responsibly connect data about people, devices, and locations.
  • Patented technology directed to data ownership.
  • Drafted, prosecuted, and obtained patents for a broad range of clients for technology related to data anonymization, storage, analysis, etc.
  • Advised a biotechnology company on trade secret protections for proprietary database research tools.

As a firm representing some of the world’s most advanced, data-driven companies, Sterne Kessler has the proven experience to advise on the best means of protecting data, including providing copyright protection strategies, building trade secret programs, and navigating patent subject matter eligibility issues.


Drawing on our vast litigation experience across many industries and legal venues, we have developed and executed winning strategies to enforce our clients’ data rights. As well as being home to deeply technical patent attorneys, many with hands-on experience in the industry, Sterne Kessler has one of the most active District Court litigation practices, and is among the top three most active firms practicing before the PTAB.

In recent years, our firm has, for example:

  • Represented multiple clients in enforcement actions involving trade secret misappropriation.
  • Represented a client in litigation involving trade secret misappropriation of data, including customer lists, value and return-on-investment analyses, and pricing information.
  • Represented a software developer in litigation encompassing trade secret misappropriation and copyright infringement by former employees.

Consultation & Agreements

We have significant transactions experience in licensing and other contracts that have allowed our clients to maximize and leverage the value of their IP.

We have counseled clients in joint ventures, patent licensing programs, patent pools, trade secret protections (e.g., non-disclosure agreements, non-compete agreements, IT security infrastructure), technology transfer, material transfer, and other cooperative research and development agreements. Additionally, we have assisted clients in trademark matters involving logos, domain names, word marks, brand enhancements, license back, and the formation of trademark holding companies.

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