Robert Richard Walling III, Smith, Gambrell & Russell, LLP Photo

Robert Richard Walling III

Counsel

I use AI to pressure‑test prosecution arguments against possible examiner counter positions.

Robert Richard Walling III, Smith, Gambrell & Russell, LLP Photo
Robert Richard Walling III

About Robert

Robert Walling advises companies on protecting and defending their technology through strategic patent development and prosecution. With a background that combines computer science, hands-on software development, and in-house legal experience, Robert helps clients translate complex technical innovations into practical, durable intellectual property assets—particularly in fast-moving areas such as artificial intelligence, cryptography, and digital platforms.

Robert’s practice focuses on patent preparation and prosecution, portfolio strategy, and pre‑litigation risk assessment across a wide range of technologies, including AI-enabled systems, blockchain applications and digital assets, medical devices, avionics, autonomous systems, and advanced networking technologies. He regularly works with founders, engineers, and in-house legal teams to align patent strategy with business objectives, regulatory realities, and downstream enforcement considerations.

Before entering private practice, Robert worked as a software applications developer and holds a computer science degree from Georgia Tech. That technical foundation allows him to engage directly with engineering teams, ask the right architectural questions, and anticipate how technical design choices may be viewed years later by patent examiners, competitors, or courts. He also previously worked in-house and draws on that experience to provide advice that reflects real-world operational and budget constraints.

Robert has substantial experience navigating contested prosecution matters and appeals before the U.S. Patent and Trademark Office. He recently secured a full reversal of an examiner’s rejections on appeal in a patent application involving footwear. In another matter involving a medical device, Robert filed a notice of appeal that prompted the examiner to withdraw the outstanding rejections and issue a notice of allowance.

In addition to his legal practice, Robert maintains Patentlytics, a data-driven resource that aggregates weekly patent prosecution statistics and features original articles and podcasts focused on patent law, examination trends, and strategy. Through this work, he helps demystify the patent system and provides clients and practitioners with greater transparency into how patent office's operate in practice.

Outside of work, Robert enjoys building and analyzing software tools, following developments at the intersection of law and technology, and exploring ways data can improve decision-making in the legal profession.

Representative Matters

  • Advises technology companies on U.S. and international patent strategy, from initial invention capture through prosecution and portfolio development.
  • Prepares and prosecutes patent applications involving artificial intelligence, cryptography, blockchain-based systems, medical devices, and autonomous technologies.
  • Served on litigation teams in patent matters before U.S. federal district courts, the U.S. Court of Appeals for the Federal Circuit, and the U.S. International Trade Commission (ITC).
  • Conducts patent due diligence in connection with mergers, acquisitions, and investment transactions.
  • Counsels clients on patent risk, freedom-to-operate considerations, and enforcement readiness.

Credentials

Education

J.D., Emory University School of Law

B.S., Georgia Institute of Technology, Computer Science

Admissions

  • Georgia
  • U.S. Patent & Trademark Office (USPTO)

Thought Leadership

SGR News & Perspectives

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