Dallas Intellectual Property Theft & Piracy Attorneys

intellectual property theft piracy defense

Texas takes pride in providing a friendly environment for businesses and corporations, including companies in the energy, pharmaceutical, and high-tech industries. When people allegedly break laws meant to protect those companies’ intellectual property and trade secrets, state and federal prosecutors will seek maximum punishment, including fines and prison.

If you have been charged with intellectual property theft or are being investigated for the offense, you should seek help as soon as possible from an experienced Dallas intellectual property theft defense lawyer. At Broden & Mickelsen, LLP, we can bring more than 60 years of combined experience to your case, including an extensive background in representing clients charged in state and federal courts with intellectual property theft.

We are ready to provide a free, confidential review of your case. Contact us today to learn more.

What Is Considered Intellectual Property Theft?

Intellectual property can be broadly defined as any idea, invention, or process that is born from the mind of an individual or from a collective group. It can include content, software, formulas, methods, and techniques, including works protected by copyright, trademark, and patent laws. For many companies doing business in Dallas and throughout Texas, their intellectual property is their most valuable asset.

When intellectual property is allegedly stolen, it is most often prosecuted under Texas law as a violation of Tex. Penal Code Ann. § 31.05. Under this statute, it is a felony if a person, without the owner’s effective consent:

Steals a trade secret
Makes a copy of an article representing a trade secret
Communicates or transmits a trade secret

Texas law defines a trade secret as “the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value,” which the owner “has taken measures to prevent from becoming available to persons other than those” the owner selected to have access for limited purposes.

Often, a federal law enforcement agency such as the Federal Bureau of Investigation (FBI) handles the investigation of suspected intellectual property theft. As a result, the case is prosecuted under federal law. Under 18 U.S.C. § 1832, it is a crime to knowingly steal, copy, download, alter, destroy, send, buy, receive, or possess protected trade secrets without the owner’s authorization.

However, trade secrets theft may not be the only charge a person faces. A trade secrets prosecution may also include charges for:

Copyright infringement – This happens when someone uses a work protected by copyright without permission or in a way that is not permitted, or when someone uses the protected work to make something derivative of it.
Patent theft – The unauthorized taking or use of patented inventions can also be prosecuted – typically as trade secrets theft. Patent theft is an issue that often arises in the pharmaceutical and tech industries.
Piracy – This is a type of intellectual property theft in which the person illegally reproduces or distributes copyrighted material. In today’s world, piracy often involves stealing and copying digital property.
Counterfeiting – It is considered counterfeiting when someone tries to profit by making and distributing a fraudulent imitation of a genuine product (and, by definition, a product of lesser value than that product). For instance, if a person steals a formula for a specific medication and then uses the theft to make and sell an imitation of the medication, the person could face both trade secrets theft and counterfeit charges.

Because of our deep background in intellectual property defense at both the trial and appellate levels, we know how to investigate and identify issues in these cases and craft effective defense strategies.

”Being accused of a crime that I didn’t chit was one of the worst things to ever happen to me. Once accused of something you literally have to prove yourself innocent. Without a good lawyer like Mr. Mickelsen I would probably be on some type of probation. Mr. Mickelsen got my charges dismissed. I feel so vindicated. I can’t describe how happy I am with the outcome. Thank you so very much!!!”
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“We have our life back! Our son was accused of a crime he did not commit. Through the dedication and hard work of Mr. Mickelsen, our son was found Not Guilty. Mr. Mickelsen will forever be in our hearts with tremendous gratitude. If you are accused of something, you will be best represented and served by Broden & Mickelsen, LLP.”
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“My family were referred to Mick Mickelsen by another attorney. From day one we met Mick, we felt he knew what he is doing!! Most of all I appreciate his honesty, diligence, professionalism and his extent knowledge of the law! He is a great attorney with great tactics. What I also appreciated was that he always responded with timely manner, even when I texted him after hours! We won the case and We are grateful to him. Every penny spent on Mick was worth it! Highly recommend Mr. Mickelsen!!!!”
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How Is Intellectual Property Theft Investigated?

When many people in Texas are hired, they sign contracts agreeing to protect and never appropriate the company’s trade secrets. If a company suspects a person has violated this provision, the company may go beyond simply firing the person. It may also notify state and federal authorities and initiate an investigation that leads to criminal charges.

In some cases, the company may investigate the matter internally with its own investigators and in-house counsel. The company’s primary purpose is civil litigation. However, the company may also share information with law enforcement investigators and prosecutors.

While it does not happen in every case, state or federal agencies may ask to interview a person before arresting or seeking an indictment for intellectual property theft. If investigators ask to speak to you about a case, you should contact an attorney right away. An attorney can advise you on how to protect your rights.

Who Enforces Intellectual Property Law?

Any state or federal government agency can launch an investigation into suspected intellectual property theft in Texas. For instance, a tip to the Texas Department of Public Safety’s Criminal Investigations Division (CID) could lead to a case being assigned to detectives in the Special Investigations Section (SIS) who focus on white-collar crimes such as trade secrets theft, fraud, and counterfeiting.

Often, federal agencies investigate intellectual property theft and prosecute cases in federal courts such as the U.S. District Court for the Northern District of Texas. Those agencies include the U.S. Department of Justice, which has a special Computer Crime and Intellectual Property Section (CCIPS) that focuses on these cases.

Some of the other federal agencies involved in an investigation can include:

FBI – The agency’s Cyber Division and Financial Institution Fraud Unit often spearhead investigations into intellectual property theft.
Office of Intellectual Property Enforcement – This office often coordinates law enforcement and national security efforts to investigate violations of federal laws that protect rights involving trade secrets, patents, copyrights, and trademarks.
S. Patent and Trademark Office – This agency grants U.S. patents and registers trademarks. It may provide information to investigators, but the agency does not actively investigate intellectual property theft claims.
S. Copyright Office – This office registers copyright claims and maintains records of copyright ownership. It is not a law enforcement agency. However, the agency often provides information that is used in an investigation.

If any state or federal investigator contacts you about suspected intellectual property theft, your next call should be to an attorney.

Penalties for Intellectual Property Theft

Because of its impact on businesses and the economy, intellectual property theft can trigger harsh punishments. A person charged with trade secrets theft, for instance, could face severe consequences whether they are prosecuted under state or federal law.

Under Texas law, a violation of Tex. Penal Code Ann. § 31.05 is punishable as a felony of the third degree. While this is the second-least severe felony category, a conviction could still lead to a fine of up to $10,000 and a prison term between two and 10 years. A Texas court will often order a defendant convicted of stealing trade secrets to pay restitution as well.

Under federal law, a conviction for violating 18 U.S.C. § 1832 could lead to both a fine and prison for up to 10 years. If an organization is found guilty of the offense of stealing trade secrets, it could face a fine as steep as $5 million or three times the value of the stolen trade secret.

A felony conviction of any kind, of course, carries long-term consequences. Many people risk losing professional licensure or certifications as the result of a conviction, and fines can lead to the collapse of a business and financial ruin. That is why it is essential to know your attorney has experience defending these cases and will be dedicated to fighting the charges against you.

Common Defenses to Intellectual Property Theft Charges

As attorneys with decades of experience representing clients charged with intellectual property theft and other white-collar crimes in Dallas and many other cities in Texas, we understand how these cases are investigated and prosecuted. We thoroughly examine and research cases and look for potential defenses such as:

Unlawful search and seizure – If the government’s proof of intellectual property theft consists of evidence that was unlawfully collected, it could lead to a dismissal of all related charges.
Insufficient evidence – In many intellectual property cases, the government lacks evidence that a person knowingly acted without the owner’s permission.
Consent – If a person took, copied, or otherwise used a trade secret or other form of protected intellectual property with the owner’s apparent permission, it might serve as a defense to a charge.
Entrapment – Laws protect people who participate in trade secret theft investigations from being prosecuted. Those laws underscore the vital role of confidential informants in IP theft investigations. However, those informants can cross the line and induce a person to commit a crime.

How Can an Intellectual Property Theft Defense Lawyer Help You?

Many people face criminal charges for intellectual property theft without knowing they may have done something wrong. We understand how stressful it can be to be a professional who suddenly faces the possibility of going to court, paying a hefty fine, and going to prison.

At Broden & Mickelsen, LLP, we can ease your stress by:

Giving our full attention and resources to your case
Making sure you understand what is happening with your defense
Answering all your questions in as timely of a manner as possible

We are board certified in criminal law and criminal appellate law by the Texas Board of Legal Specialization. We take a team approach to cases, with both law partners bringing their experience and knowledge to our clients’ defense strategies.

When we investigate cases, we work with highly skilled investigators. We also regularly consult with experts who can help us to identify and understand the often highly technical aspects of intellectual property theft cases. We know how to protect our clients’ rights and fight effectively for the best possible outcome for them.

Given what is at stake for you, your family, and your financial and professional future, you should make sure to work with an experienced Dallas criminal defense lawyer if you face charges or an investigation for intellectual property theft.

Contact Broden & Mickelsen, LLP today. We can provide a free and confidential consultation.

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