Capabilities

Intellectual Property & Technology

As a full-service group whose practice spans the globe, Stites & Harbison’s Intellectual Property and Technology (IPT) Group counsels and represents both domestic and international clients across the full range of intellectual property including patents, trademarks, copyrights, trade secrets, and licensing.

All businesses have intrinsic value in the creativity, invention, and innovation that makes them unique. In order to reach full commercial potential, however, an idea, product, or service must be properly protected. What distinguishes Stites & Harbison is our commitment to fully understanding not only our clients’ intellectual property but also their business and the markets in which they compete. This allows us to provide the greatest return on our clients’ intellectual property assets.

Our attorneys provide effective and efficient counsel from the creation and registration of intellectual property assets through the management and enforcement of intellectual property rights both in the United States as well as internationally.

Members of the IPT group possess technical experience and hold advanced degrees across a wide variety of fields including engineering, biology and life sciences, chemistry, and computer science. Through our office in Alexandria, VA, our attorneys can easily visit the United States Patent & Trademark Office to advocate for our clients in person.

Transactional Services

In addition to securing patents, trademarks, and copyrights at the state, national, or international level, Stites & Harbison’s IPT Group also assists in developing and implementing intellectual property protection plans which are tailored for each client, whether an independent inventor, start-up, well-established business, or university. We work to maximize the value of our clients’ intellectual property through licensing agreements, sponsorship agreements, and other relationships with third parties. We draft and negotiate the appropriate terms related to the intellectual property, whether they are central to or incidental to a larger transaction. When needed, we also issue validity, infringement, and right-to-use opinions regarding our clients’ or a third-party’s intellectual property.

Litigation Services

Stites & Harbison’s IPT Group has extensive experience litigating intellectual property matters before federal and state courts throughout the nation. This experience also extends to all levels of appeals, including the United States Supreme Court. Our firm's litigators aggressively protect the intellectual property assets of our clients, and defend those who have been wrongfully accused of infringing others’ intellectual property rights. The firm has handled a number of significant and well-known intellectual property disputes and has served as lead counsel in intellectual property litigation in more than 30 states. Examples of our IPT group’s work can be found here.

Intellectual Property & Technology Specialty Areas
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What others are saying about us

Stites & Harbison have given us timely and insightful advice on a range of litigation/IP matters in the USA in recent years.

This comment was collected as part of the U.S. News — Best Lawyers® "Best Law Firms" research process. (2018-19)

I have worked with a number of patent law firms in the past, and ... Stites & Harbison far exceed any other firm in their responsiveness, knowledge of the pharmaceutical / biotechnology field, flexibility and commitment. They work closely with you to make sure the applications are accurate, strong and well presented. In addition, they not only manage the entire process, but provide strategic input and are impeccable in their follow-up. They have a global network, and draw upon resources as required to address the needs of their clients.

U.S. News & World Report / Best Lawyers - "Best Law Firms" Client Interviews 2017

Stites & Harbison has displayed an in-depth knowledge of patent law and has been very helpful in navigating us through the process.

Chambers USA 2017
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Press Releases

Stites & Harbison Named to 2022 Top 10 Patent Firms in North America – South List

LOUISVILLE, Ky.—The Patent Lawyer Magazine has named Stites & Harbison, PLLC to the 2022 Top 10 Patent Firms and IP Practices in North America – South list.

by Stites & Harbison, PLLC May 16, 2022
Client Alerts

Wait . . . What About Trade Secrets?

When one seeks to protect one’s intellectual property, patents, trademarks and copyrights immediately come to mind. Often given short shrift is the "forgotten stepchild" —trade secrets. Trade secrets may encompass a wide range of business information that (a) has value because it is not generally known in the trade and (b) is subject to reasonable efforts to preserve its confidentiality. When considering trade secrets, “business information” should be given a very broad definition and may include, but is not necessarily limited to, processes, procedures, research projects, nonpublic company documents (relating to, for example, recruiting, accounting, financial information and legal information), drawings, blueprints, laboratory notebooks, test data, training manuals, customer information and supplier information.

by Warren D. Schickli May 02, 2022
Events

2022 Business Litigation and Intellectual Property Litigation Super Conference

Date: 3/21/22 - 3/23/22

Hyatt Regency Houston, 1200 Louisiana Street, Houston, Texas 77002

Atlanta office attorney T.J. Mihill will be a speaker at this conference being held in Houston, Texas, March 21-23, 2022.

Thomas J. Mihill (TJ) March 15, 2022
Client Alerts

Europe Continues Progress Toward Unitary Patent and Unified Patent Court

For decades, inventors have been able to file a single patent application in the European Patent Office (“EPO”) in order to pursue protection across multiple countries in Europe. However, at the end of the examination process, a patent application granted by the EPO still must be validated in each of the countries in which a patent owner wishes to secure enforceable patent rights.

by David W. Nagle Jr. March 09, 2022
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Decoding the Crypto Brand Super Bowl Commercials

Based on commercials that aired during Super Bowl LVI, crypto brands have officially moved from the fringes to the mainstream. But the crypto ads in this prime time space didn’t do much to explain the underlying products and services, especially if the viewers were not already immersed in Web3.

by Mandy Wilson Decker February 18, 2022
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2022 Issues for Corporate House Counsel CLE Seminar

Louisville office attorneys Matt Breetz and Brian Cromer will be speakers at the Kentucky Bar Association's 2022 Issues for Corporate House Counsel CLE Seminar on April 12, 2022.

Matthew W. Breetz and Brian A. Cromer February 14, 2022
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Recent Patent Program Updates by the United States Patent and Trademark Office

USPTO Launches New Pilot Program to Improve Efficiency of Utility Patent Application Examination. In response to concerns expressed by way of a letter sent from Senators Thom Tillis (R-NC) and Tom Cotton (R-AR), the United States Patent and Trademark Office (“USPTO”) has launched a “Deferred Subject Matter Eligibility Response (DSMER) Pilot Program” for non-provisional patent applications.

by Patrick M. Torre February 11, 2022
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Stites & Harbison Adds 19 To Atlanta Team From 2 Firms

Law360 (January 24, 2022, 1:17 PM EST) -- Stites & Harbison PLLC has added 12 Copeland Stair Kingma & Lovell LLP attorneys and all seven of Owen Gleaton Egan Jones & Sweeney LLP's attorneys to its Atlanta office, the firm recently announced.

by Jack Rodgers January 25, 2022
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Stites & Harbison Grows Its Atlanta Office with the Addition of Owen Gleaton Attorneys

ATLANTA—Stites & Harbison, PLLC announces that all seven attorneys from Owen, Gleaton, Egan, Jones & Sweeney, LLP have joined Stites & Harbison’s Atlanta office.

by Stites & Harbison, PLLC January 24, 2022
Client Alerts

Supreme Court Rejects OSHA Vaccine Mandate on Private Employers – Allows CMS Healthcare Mandate for Facilities Receiving Medicare/Medicaid Funds

Holding that “[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given the agency the power to regulate public health more broadly,” in a 6-3 decision the Supreme Court of the United States, on January 13, 2022, issued a stay of OSHA’s Emergency Temporary Standard (“ETS”) on vaccination or testing for employers with 100 or more workers.

by Shannon Antle Hamilton, Calesia Henson, Demetrius O. Holloway, Ashley Owens Hopkins, Robin E. McGuffin, and Robin D. Miller January 14, 2022
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Kentucky Super Lawyers Honors 37 Stites & Harbison Attorneys for 2022

LOUISVILLE, Ky.—The 2022 edition of Kentucky Super Lawyers recently honored 37 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 29 attorneys to the Super Lawyers list and eight attorneys to the Rising Stars list.

by Stites & Harbison, PLLC January 11, 2022
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Stites & Harbison Promotes Five Attorneys to Member

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by Stites & Harbison, PLLC January 07, 2022
Client Alerts

Defendants Caught Red-Handed in Patent Infringement Case Get Five Months of Damages Wiped Out for Patentee’s Failure to Mark Its Products

In early September of 2021, the Court of Appeals for the Federal Circuit clarified the notice requirement of 35 U.S.C. § 287. Patentee’s seeking to recover damages on unmarked goods must ensure their notice to a potential infringer is an actual notice of infringement and not merely notice of a patent.

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Mid-South Super Lawyers®, Rising Stars 2021

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by Stites & Harbison, PLLC December 03, 2021
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Stites & Harbison Strengthens Intellectual Property Practice with Addition of John Teresinski

ALEXANDRIA, Va.—Stites & Harbison, PLLC welcomes attorney John P. Teresinski to the Alexandria, Va., office as a Member (Partner) with the firm.

by Stites & Harbison, PLLC December 03, 2021
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Heavy Meta: Is Rebranding Worth All This?

Article by IP attorney Mari-Elise Paul in the Louisville Bar Association's Bench & Bar discussing rebranding.

by Mari-Elise Paul December 02, 2021
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Intellectual property attorney, David Nagle, discusses how startups can best manage the intellectual property process when launching a business.

by David W. Nagle Jr. November 29, 2021
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The United States Patent and Trademark Office (USPTO) recently published a final rule implementing the Trademark Modernization Act of 2020 (TMA). The TMA amends the federal trademark statute (Lanham Act) in several ways, but the most significant aspect for the business community is the establishment of new ex parte expungement and reexamination proceedings for cancellation of a registration when the required use in commerce has not been made.

by Trevor T. Graves November 23, 2021
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Stites & Harbison’s Intellectual Property & Technology Service Group Continues Growing with the Addition of Christina I. Ryan

LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Christina I. Ryan as Counsel to the firm based in the Louisville, Ky., office. She joins the Intellectual Property & Technology Service Group.

by Stites & Harbison, PLLC November 22, 2021
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