Kliebenstein, Heather

Heather is a current member of Merchant & Gould's executive committee and former chair of Merchant’s litigation group. Heather specializes in intellectual property litigation. This work includes strategy development, discovery, depositions, expert selection and strategy, summary judgment motions, pre-trial submissions, and first chair trial experience. Intellectual property litigation has become even more complex in recent years, often involving more than just a single patent but other forms of intellectual property as well. Heather specializes in these types of cases that intertwine multiple intellectual properties, contracts and other federal or state law claims.

With a technical background, Heather has prosecuted patents. Heather has also worked in house at a large company. These experiences allow Heather to offer something unique in the IP and technology litigation field – an understanding of the litigation experience from the client’s or the inventor’s perspective.

As an IP litigator, Heather has secured several victories in court and settlement negotiations. She is the trusted advocate you can turn to when you need representation in or before federal court, appellate court, or the Trademark Trial and Appeal Board.

A strong IP strategy does not stem only from handling litigation well. It also comes from smart counseling regarding your business’s assets. To that end, a significant part of Heather’s practice is counseling clients to strengthen their intellectual property portfolios and to manage their risks.  Heather works with a number of clients to help identify and secure their intellectual and property technology needs, including through building and managing trademark and copyright portfolios worldwide, and reviewing agreements such as technology licensing and vendor agreements. Heather also counsels clients regarding advertising claims and online advertising issues under the Lanham Act and state false advertising laws.

She offers these services to companies of all sizes, from solo startups to Fortune 500s. She knows that what most business owners need is a reliable counselor they can turn to when they need help in the intellectual property and technology space.