Intellectual Property

With more than 40 Intellectual Property professionals practicing in eight cities – Austin, Atlanta, Chicago, Jacksonville, Los Angeles, New York, Tampa, and Washington, D.C., – Smith, Gambrell & Russell, LLP offers a full range of intellectual property services, including patent, trademark, copyright, and trade secret protection, and we are a formidable opponent in intellectual property litigation. Working with lawyers from SGR’s corporate practice, we also routinely handle commercial transactions involving the licensing, acquisition or sale of intellectual property.

Intellectual Property Litigation

SGR’s highly respected intellectual property litigation lawyers represent plaintiffs and defendants in patent, trademark, copyright, trade secret, false advertising and software and internet-related cases in federal, state and appellate courts and in proceedings before the United States Patent and Trademark Office (USPTO). Our litigators focus on the entire scope of the dispute, including the client’s near- and long-term business plans.


SGR’s patent prosecution lawyers possess technical backgrounds in biochemistry, biology, chemistry, computer science, physics, and mechanical, electrical, chemical, industrial and biomedical engineering. Our patent attorneys are registered to represent clients before the USPTO, and we actively assist our clients in procuring patents at patent offices worldwide through our network of foreign associates. Our patent attorneys have substantial experience with the full range of patent legal services, including patent application preparation, prosecution, opinions (patentability, validity, and infringement), freedom-to-operate, patent clearance, reexaminations, oppositions, due diligence, and other strategic services.

Post-Grant Proceedings

Since the implementation of the America Invents Act of 2011, post-grant proceedings have become a popular venue for resolving patent disputes. Drawing from their combined experience with the USPTO rules and procedures, litigation in district courts and before the U.S. International Trade Commission, and appeals to the U.S. Court of Appeals for the Federal Circuit, SGR’s patent attorneys are uniquely suited for the intricacies of patent office litigation.


We advise on the availability of trademarks and service marks, and we file applications to register marks both domestically and internationally through our affiliations with lawyers in other countries with whom we work on a regular basis. We are active members of leading intellectual property organizations including the International Trademark Association (INTA).


Artists, authors, photographers, and musicians are all aware that copyright protects their expressive works. Our copyright practice not only encompasses expressive works but also extends to software, advertisements and website content. We assist clients in registering and licensing their works as well as prosecuting infringers.

Trade Secrets

A company’s trade secrets are often among its most valuable assets. We assist our clients in protecting the confidentiality of their commercial processes and information. When our clients are threatened with trade secret claims, we work with them to formulate an effective defense strategy. We have litigated complex trade secret cases including cases arising under the Computer Fraud and Abuse Act and the Defense Federal Acquisition Regulations (DFAR’s).


Our services include clearance of advertising copy to help ensure compliance with truth-in-advertising laws, USDA, FDA and FTC requirements, licensing rights for names and images, legal review of direct marketing strategies and advice on internet marketing practices.

Internet Law

Our Internet practice focuses on protecting and enforcing intellectual property on the Internet including trademarks, trade dress, copyrights, and domain names on a worldwide basis. We also deal with online content, social media and streaming issues.

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