Intellectual Property
Smith, Gambrell & Russell, LLP provides the full complement of intellectual property law services.
Intellectual Property is the intangible capital of companies seeking a competitive edge. The Smith, Gambrell and Russell Intellectual Property Department interacts with and supports the other firm Departments to provide a full complement of intellectual property law services for our clients looking for that edge. Within the IP Department most of the attorneys belong to more than one of the listed IP practice groups and all of the attorneys have the resources and access to the common base of knowledge possessed a Smith, Gambrell & Russell to handle any IP matter for our clients.
Patent Prosecution
Traditionally, the core of an Intellectual Property Law firm was its patent prosecution practice through which the firm assisted its clients with obtaining patents issued by the United States Patent Office. Today, Smith, Gambrell & Russell remains true to that traditional core with a strong patent prosecution group whose collective experience is measured in centuries rather than decades. Many of our clients know that the highly regarded international boutique IP firm of Beveridge, Degrandi, Weilacher and Young merged into SGR in 1999. The attorneys who routinely prepare and file patent applications in both the Washington and Atlanta offices draw on the firm’s wealth of experience and their technical backgrounds in bio-chemistry, computer science, physics, and the disciplines of mechanical, electrical, chemical and bio-medical engineering. Within the patent prosecution group, our attorneys service not only clients among the traditional leaders and innovators in industry but are also actively engaged in bio-technology, the life sciences, and sustainability technology initiatives, working with inventors and companies who are staying abreast or leading the way in the fast paced developments in these fields. SGR’s patent prosecutor’s service clients from all over the globe in pursuing patents issued by the United States and cooperate with attorneys internationally to secure patents in other countries. Bob Weilacher, Mike Makuch, Dale Lischer and Larry Colton are the practice leaders in prosecution of patent applications and lead the way for the other prosecutors with their skills and experience.
Trademark Prosecution
The businesses that flourish the most have “made a name for themselves.” At Smith, Gambrell & Russell, our name has been on the line for over one hundred years helping protect the reputation and good will in our clients names, trademarks and service marks. As a part of that protection process we advise on the availability of trademarks and service marks, on the availability and change of corporate identities and on the substantiation of advertising and promotional claims. We prosecute the applications to register trademark and service marks for our clients. Rodgers Lunsford, Scott Woldow, and Kate Rowe are the practice leaders in the areas of Trademark law.
Litigation
The ownership of a competitive advantage carries with it the right to exercise that advantage through litigation. Accordingly, the very nature intellectual property requires that it be respected or enforced. We litigate intellectual property and unfair competition disputes, including internet domain name disputes, in administrative agencies and in state and federal courts. In trying these cases, we frequently litigate related claims arising under federal and state laws. We have represented both owners and accused infringers in infringement cases and in unfair competition and trade secret litigation. We have also prosecuted and defended cases involving the enforceability of employee secrecy agreements and non-competition agreements. Winning a judgment isn’t the end of the matter, and we have successfully represented our clients in the appellate courts at the state and federal levels. Rodgers Lunsford, Dale Lischer, Joyce Klemmer, Jeff Veal, and Elizabeth Borland are the practice group leaders who organize and supervise the intellectual property litigation teams for our clients. In the area of copyright, we are counsel to the American Society of Composers, Authors and Publishers (ASCAP) and Joyce Klemmer has represented ASCAP and its members in numerous copyright infringement suits brought in Georgia.
SYNERGY
One of the strengths of Smith, Gambrell & Russell, LLP is the ability to draw upon the expertise of all of the Firm’s various attorneys in order to respond to the particular needs of our clients. The Intellectual Property Group works closely with attorneys who practice in the firm’s International Section in drafting license agreements for the international use of technology and computer software, with attorneys in the Corporate Sections in drafting complex asset purchase agreements that involve assignment documents to transfer ownership and record title of patents, trademarks, service marks, copyrights, trade secrets and other proprietary information and with the members of the Anti-Trust and Trade Regulation Group on Intellectual Property litigation when such litigation involves antitrust issues. Within the IP Department, we recognize the we all bring different skills to the effort and that the sum of our contributions is greater than our individual talents could ever be.
The Intellectual Property Group has what it takes to guide clients through the intricacies of not only the domestic but also the international patent, trademark and copyright systems. From the initial step of conducting a search of Patent and Trademark Office records to determining the patentability of inventions or the availability and registerability of a trademark or service mark, to the preparation of applications and the prosecution of those applications to conclusion, through the negotiation and consummation of license and assignment agreements our attorneys can lead our clients to the best course of action. Because the rights being protected in these processes belong to our clients our attorneys expect to have a close working relationship our with clients. As part of the individualized attention we provide our clients, attorneys in the Intellectual Property Group provide guidance on the maintenance of patents, assist with the maintenance of trademark and service mark registrations, the monitoring of unauthorized patent, trademark and copyright usages and provide continuing counsel as to proper trademark usage and infringement avoidance, as well drafting employment and confidentiality agreements. We look forward to working with you to give your business the increased value that high-quality intellectual property counsel can provide.
