Who We Are
We specialize in providing expert, strategic and cost-effective legal counsel and solutions across the entire Intellectual Property (IP) spectrum of patents, trademarks, copyrights, and trade secrets. We also provide business counsel as well as technical design and development assistance.
Our clients are local, national, and international. They range from individual entrepreneurs and startups to small, medium, and large sized companies and organizations.
Areas of Practice
We work closely with our clients to identify their IP assets, obtain appropriate and adequate rights in selected ones of those assets, and protect and leverage those rights.
Patents
Utility, Design and Plant Patents
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Strategically harvest inventions to identify those that are potentially patentable
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Search for and analyze relevant prior art, and counsel clients on the potential patentability of inventions
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Prepare, file, and prosecute patent applications in the USPTO and in the patent offices of foreign countries
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Search for and analyze relevant in-force patents and counsel clients on any potential infringement issues with respect to their proposed or existing product or process designs, and counsel clients with respect to any possible technical product design arounds to avoid infringement, and provide this advice in detailed written opinions such as “patent validity” and “freedom-to-operate” opinions
Trademarks
& Unfair Competition
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Advise and assist clients with the selection and proper usage of trademarks
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Search for and analyze existing trademark usages, and advise clients on the potential availability, usage, and registration of trademarks
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Prepare, file, and prosecute trademark registration applications (original and renewal) in the USPTO, in the trademark registration offices of various U.S. states, and in the trademark offices of foreign countries
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Counsel clients in and assist with the resolution of U.S. trademark opposition and cancellation proceedings
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Manage client trademark portfolios in the U.S. and in foreign countries
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Identify unauthorized, infringing usages of clients’ trademarks and take steps to stop such infringing usages
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Enforce clients’ U.S. federal trademark rights to prevent importation into the U.S. of infringing goods
Copyrights
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Prepare, file, and prosecute copyright registration applications in the U.S. Copyright Office
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Prepare agreements regarding the licensing and sale of copyrights
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Identify unauthorized, infringing usages of clients’ copyrights and take steps to stop such infringing usages
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Enforce clients’ U.S. federal copyrights to prevent importation into the U.S. of infringing goods
Trade Secrets
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Counsel clients regarding the application of relevant trade secret laws to their businesses in general and specifically how to prevent the unauthorized use or disclosure of their trade secrets
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Prepare confidentiality and non-compete agreements with respect to employees and third parties such as independent contractors, vendors, and suppliers
Agreements
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Non-Disclosure and Confidentiality Agreements
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Product, Research, and Technology Development and Collaboration Agreements
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License Agreements
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Assignments and Sale Agreements
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Employment Agreements
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Agreements involving the U.S. Government (e.g., FAR and DFAR clauses)
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Dispute Resolution and Settlement Agreements
IP Portfolio
Management & Development
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Create and implement strategic patenting initiatives
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Create inventory of IP assets, develop and implement IP asset tracking methods and tools, advise and assist with IP asset maintenance costs, and with acquisition and divestiture of IP assets
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Conduct educational seminars on various aspects of IP law
Due Diligence
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Research, analyze, and advise on technical and legal issues related to mergers, acquisitions, and divestitures of IP assets and business entities
Adversarial Matters
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IP rights enforcement (e.g., preparation of cease-and-desist letters)
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Conflict negotiation and resolution (e.g., settlement agreements)
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Domain name disputes
Litigation Support
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Provide legal and technical support to primary litigation/trial counsel – both as plaintiff’s counsel and as defendant’s counsel
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Provide various exemplary litigation support tasks, including pre-litigation strategy development, legal and technical issue research and analysis, pleadings and motion preparation, document discovery, witness preparation, negotiations, trial documents and materials, and appeal documents and materials
Technologies & Industries We Specialize In
Meet Rick
Richard (“Rick”) Kosakowski is the founder and principal of Swift Water Law. Rick is a business-oriented attorney who brings a vast background and extensive work history in various legal, technical, and business areas to work for the benefit of his clients.
Over the course of Rick’s 30 plus years in the legal profession, as well as 10 years as a technician and engineer, he has developed valuable legal, business, and technical skills and knowledge, including working as an attorney in-house at various business units of United Technologies Corporation (“UTC”), and with both big and small law firms that specialized in IP law. This gives him the keen insight and skills regarding best practices for representing clients of all sizes.
For example, when Rick was a Partner at a large boutique IP law firm, he prepared and prosecuted a multitude of patent applications for IBM relating to various cutting-edge computer hardware and software technologies and applications.
Rick also helped a renowned golf club designer when he decided to become a solo entrepreneur by obtaining several patents on his inventions, securing funding for his startup company, and protecting the designer’s valuable IP through litigation.
After graduating with his first Associate Degree in 1978, Rick started his professional career as an Electronics Technician with the Pratt & Whitney Aircraft division of UTC. He took great pride in later being named Chief IP Counsel for Pratt & Whitney in 2002, where he led the IP legal function for the entire company.
Rick earned his other degrees going to school at night while working full time. He has been registered to practice before the United States Patent & Trademark Office since 1989 and has been admitted to practice as an attorney since 1990.
Rick’s entire legal and technical career has encompassed working with entrepreneurs and startup founders, as well as small companies and major corporations. His current focus is on working with entrepreneurs and startup founders and providing value for them. Rick finds great satisfaction in helping these risk takers to move an idea from its concept stage and develop it into a viable business.
Rick also volunteers as a mentor for entrepreneurs and startups with the Valley Venture Mentors and EforAll Holyoke startup accelerator business programs located in Western Massachusetts. He’s been a guest lecturer at the University of Connecticut School of Law, a guest judge at the Connecticut Invention Convention, and has given numerous presentations on all aspects of IP law to various organizations and companies.
Traditional Technologies
Electrical, Electronic, Mechanical, Electro-Mechanical, Electro-Optic, and Optical Devices and Systems
Emerging Technologies
Software-Based Inventions (e.g., Software Test and Development, Business and Manufacturing Methods, e-Commerce), Cybersecurity, Artificial Intelligence (“AI”), Blockchain, Internet-Based (e.g., Internet of Things – “IoT”), Financial Technologies (“Fin-Tech”)
Industry Applications
Computers, Gas Turbine Engines, 2-D and 3-D Measurement Devices and Systems,
Semiconductor Structures, Design, and Fabrication Methods (e.g., Analog and Digital Circuits), Consumer, Audio and Video Devices and Systems, Control Systems, Automotive,
Medical Devices and Systems,
Energy, Radar, Imaging, Robotic,
Currency Security Devices, Aircraft and Spacecraft Devices and Systems, Energetic Devices and Systems, Mining, Packaging
What Our Clients Say
Swiftwater Law has been a godsend. Whether we’re researching a patent or filing it, Rick has always been responsive, accurate and fairly priced. With every interaction, their decades of experience become more evident as they help us navigate the obstacles of patent law. Regardless of how much we grow, Swiftwater law will always be our number one legal resource for intellectual property legalese.
Shane Naughton, Naughton Dynamic Solutions
Contact us when you're ready to get started!
17 Main Street, Wilbraham, MA 01095
PHONE: 413-426-1916
FAX: 413-596-3779
PO BOX: 937 Wilbraham, MA 01095