Intellectual Property

The value of your innovation is certain. But between the AI revolution, evolving regulations, and pending court battles, today’s intellectual property landscape is an uncertain one. That’s where we come in. We understand how to engineer and apply your technologies, then turn them into assets that will help power your business for years to come. Clients seeking to enter markets, expand their brands, and enforce their rights turn to us for the full package: sophisticated legal counsel combined with technical proficiency and commercial savvy.

Our Capabilities

At Smith Gambrell & Russell, our Intellectual Property Practice makes it our mission to protect your innovations. We help individuals and entities of all sizes – from emerging growth ventures to SMEs, the Fortune 500, and universities – develop, prosecute, commercialize, and defend their intellectual property in jurisdictions around the globe. Our Chambers-ranked practice is comprehensive, covering the entire life cycle of an innovation. Clients come to us to secure patents, trademarks, copyrights, and trade secrets, then protect those assets when they’re infringed upon. We’ve been told that we “stand out” for our “deep technical expertise, particularly in handling complex, cutting-edge technologies, combined with a strong understanding of evolving patent laws” (Chambers USA). Drawing on our extensive market knowledge and business acumen, we also assist clients in securing optimal possible deal terms when licensing, acquiring, or selling their intellectual property.

When you’re building an invention that crosses borders, we’re already there. Our global presence covers six continents and dozens of countries, including Japan, China, Germany, Switzerland, Israel, and Australia. Chambers USA calls us a “strong choice to advise on domestic and international trademark applications.” We’re among the few firms in the United States that are qualified to practice European patent law in addition to U.S. patent law, which allows us to take your patents right to the doorstep of patent offices throughout Europe. Whether you’re an international entity looking to enter the U.S. trademark or patent system or a U.S. business interested in globalizing, we use our keen understanding of international laws, markets, and jurisdictions to your advantage, crafting a bespoke IP strategy that meets your needs and goals.

Our Approach

Innovation is moving at a faster pace than ever before. So are we. When you ask us for something, we deliver with speed and excellence. Client service is our top priority, which means we understand yours: costs, timelines, deadlines. From the start, we establish open lines of communication to keep you updated on what we’re doing, as well as what we’re planning next. While our reach, resources, and talent are on par with the world’s top firms, our size keeps us agile. You can trust us to steer clear of roadblocks before they happen and to alert you when there’s an opportunity to seize, all so you can make better business decisions, every time.

Your results are our results. We know how important your innovations are, and we stop at nothing to protect them. For us, IP matters aren’t standalone engagements. They’re a make-or-break part of your overall business strategy – and our relationship with you. We take a hands-on, personalized approach to IP law, focusing on building trust, aligning goals and values, and developing the institutional knowledge we need to be your ideal long-term partner. We’ve worked with many clients for decades on end, becoming indispensable members of their decision-making teams.

Our Credentials

Our lawyers are equally at home in labs and patent offices as they are in the courtroom. With several former USPTO patent and trademark examiners on our team, we’re well-versed in the inner workings of the USPTO. This results in precise, informed guidance that expedites prosecution and minimizes prosecution history estoppel issues. Our bench includes lawyers, patent agents, and advisors with technical backgrounds in virtually every patentable subject (several of whom hold graduate degrees in their respective fields) – including biochemistry, biology, chemistry, computer science, physics, and mechanical, electrical, chemical, industrial, and biomedical engineering – along with dozens of veteran litigators who stand ready to resolve even the toughest patent, copyright, trade secret, trademark, and unfair competition disputes. We regularly share our knowledge and experience in settings nationwide, from university classrooms to industry conferences and publications on cutting-edge topics.

What We Do

Intellectual Property Litigation
We protect your rights – and your long-term business plans. Because we treat every case as though it’s going to trial, we give you the leverage to define what “winning” a patent, copyright, trade secret, trademark, and unfair competition dispute actually means, from a judgment in your favor to a quickly negotiated settlement. We’ve helped plaintiffs and defendants secure winning results in patent, trademark, copyright, trade secret, false advertising, and software- and internet-related cases in federal, state, and appellate courts as well as with the International Trade Commission and in proceedings before the USPTO.

Patents
We turn your discoveries into assets. Leading companies and research institutions rely on us to secure the broadest possible coverage, maximizing the value of inventions and portfolios. Our services range from opinion work – including patentability, clearance, infringement, and invalidity opinions – to patent preparation and prosecution, reexaminations and reissues, post grant review, due diligence, appellate work, oppositions, and licensing.  

Post-Grant Proceedings
When a patent dispute arises, we provide a swift, cost-effective alternative to litigation. Whether you’re protecting the validity of your own patent or challenging a competitor’s, we help you navigate the intricacies of administrative proceedings and strategically establish your position. Our team has handled numerous post-grant proceedings before the USPTO, as well as numerous ex parte reexaminations on behalf of patent owners and third-party requesters.

Trademarks
We help build brands that last. Our team is with you throughout the entire trademark process, turning ideas into opportunities through rigorous research and strategic counsel. Once we develop and register your marks, we focus on maintaining the integrity of your portfolio and enforcing your rights in markets worldwide. Both domestic and international trademark law systems are in our wheelhouse. When business takes you overseas, we call on our network of international associates to make sure you obtain the right registrations. We also work with international clients entering U.S. markets.

Copyrights
We keep your creative expression safe from unauthorized use. As AI capabilities accelerate, it’s more important than ever to maintain control over the assets that shape your success. We help copyright and protect the creative works of artists, authors, photographers, and musicians, as well as software, advertisements, and website content.

Trade Secrets
We make sure your secrets stay your own. With your company’s competitive advantage on the line, our team fends off any efforts to misuse or misappropriate your confidential processes and information. In addition to proactive risk counseling, we defend against all sorts of claims, particularly those that arise under the Computer Fraud and Abuse Act and the Defense Federal Acquisition Regulations (DFARs).

Advertising
We give your creativity the legal green light. Our team clears advertising campaigns and copy to ensure compliance with truth-in-advertising laws and USDA, FDA, and FTC requirements. We also advise on licensing rights for names and images, direct marketing strategies, and internet marketing practices.