Intellectual Property

Shumaker's intellectual property practice is broad.  We advise clients on the clearance, selection, development, prosecution, registration, protection, enforcement and transactions relating to patents, trademarks, copyrights, trade secrets and other proprietary rights.  This includes representing clients in a variety of IP disputes, administrative proceedings, arbitrations and litigation in federal and state courts throughout the United States.

Because IP is a global business asset, we have built an established network of foreign IP counsel to assist in protecting our clients’ IP rights in other countries.  We have a broad base of experience in various arts and industries, including healthcare, biotech, telecommunications, medical devices, solar, fiber optic networks and general mechanical and electromechanical arts.

Many members of our diverse IP team are AV® Peer Review Rated by Martindale-Hubbell, listed in The Best Lawyers in America® and similar publications and certified as Intellectual Property Law Specialists by the Florida Bar Board of Legal Specialization and Education.

What Makes Us Different

Shumaker lawyers advise our clients with their broader business objectives in mind, by our IP lawyers working in coordination with our lawyers in other disciplines.  As a result, clients receive a single source of coordinated IP counsel and business law advice.  That is especially important as we help them maximize value from their intellectual property assets in the marketplace.

Our special focus on structuring technology agreements, including identification of deliverables and related specifications and timetables, is a major advantage to clients.  We understand business goals and technology capabilities, and make certain that the technology contracts and agreements we structure make are practical from a business perspective.

Why You Benefit

Our IP lawyers personally and integrally work with each client to secure their IP, construct the most effective protection and then work to achieve business oriented results, whether in the marketplace or in court.  Working with clients in a variety of business sectors, Shumaker strives not to lose sight of the commercial realities behind technology use and application, and we work to find the most creative ways of helping clients exploit and protect their IP. 

Core Services

  • Research, investigation, analysis and opinions as to patentability, infringement, design-around, current awareness and due diligence studies.
  • Research, investigation, analysis and opinions as to availability, registrability and protectability of trademarks and trade dress.
  • Prosecution of applications for registration and procurement of patents, trademarks and copyrights.
  • Comprehensive IP litigation, from infringement lawsuits to trademark opposition and cancellation proceedings.
  • Protection of trade secrets and confidential information through agreements and litigation.
  • Technology transactions.
  • Licensing of patents, trademarks, copyrights, trade secrets, technology, computer software and other protected material.
  • Due diligence and perfection of security interests for intellectual property in commercial transactions.
  • Technical assistance to general business counsel, in-house counsel, technology transfer managers, inventors and investors in all aspects of intellectual property, its scope and strength, title, monetization, and disclosure and invention submission procedures.

What you can expect from Shumaker

We use our skill as business advisors to help companies accelerate their market penetration through strategic business combinations and alliances.  Our transactional experience includes effective due diligence analysis in mergers and acquisitions designed to leverage clients’ IP strengths, as well as licensing agreements that both extend and protect ownership rights.  In any transaction we work to make sure all patents, trademarks, copyrights and other proprietary rights are fully secured even before the deal is structured. 

Our lawyers are experienced in litigation, arbitration and mediation involving high profile, corporate technology cases, as well as patent, trademark, copyright and trade secret litigation.  We represent clients in all phases of IP infringement cases, from evaluating the initial decision to initiate or respond to a lawsuit, forming litigation strategy, carrying out discovery and handling motion, trial and post-trial phases.  Our skills encompass both aggressive trial representation and alternative forms of dispute resolution that achieve our clients’ goals without the expense of litigation.

 


News Releases

09.10.2014Mindi M. Richter and Jeffrey B. Fabian Appointed Co-Chairs of Intellectual Property Law Section of HCBA
09.02.2014Shumaker Launches Law Blog to Highlight Social Media Developments
08.25.2014Shumaker, Loop & Kendrick Attorney Douglas A. Cherry Takes the Helm at Sarasota Bar
08.04.2014Shumaker, Loop and Kendrick Attorney Rides in RAGBRAI with Judge May
08.01.2014Shumaker, Loop and Kendrick Adds Key Player to Intellectual Property Team
07.22.2014Tampa Firm Set for Trial in Historic Patent Dispute
07.17.2014Charlotte Law Firm Prevails in Copyright Infringement Suit
07.03.2014Suzette M. Marteny Joins Shumaker, Loop & Kendrick, LLP
06.20.2014Shumaker, Loop & Kendrick, LLP Announces the Addition of Patent Attorneys
11.06.2013Shumaker, Loop & Kendrick, LLP Receives Metropolitan First-Tier Rankings in U.S. News – Best Lawyers® “Best Law Firms” for 2014
08.12.2013Mindi Richter Appointed Co-Chair of IP Section of the Hillsborough County Bar Association
08.07.2013Shumaker Attorneys Receive Board Certification
05.31.2013Douglas A. Cherry to Speak at Annual Florida Bar Convention
11.05.2012Shumaker, Loop & Kendrick, LLP Ranked Among “Best Law Firms” in U.S. News Media Group and Best Lawyers® Guide
06.12.2012Douglas A. Cherry Presented to Lakewood Ranch Business Alliance
11.18.2011Douglas A. Cherry Presented at SAMA Dinner Meeting
08.25.2011Douglas A. Cherry Panelist at Sarasota Chamber Marketing Seminar
06.21.2011Douglas A. Cherry Participated in Barcamp Sarasota
01.07.2011Douglas A. Cherry Presented Seminar Hosted by AAF Suncoast and EDC of Sarasota
11.17.2010Douglas A. Cherry Spoke at STF Techbyte Luncheon
09.27.2010Shumaker, Loop & Kendrick, LLP Receives First Tier Rankings in U.S. News Media Group and Best Lawyers 2010 “Best Law Firms” Inaugural List
08.23.2010Douglas A. Cherry Presents Seminar on Intellectual Property Issues at SMALSS Meeting
08.10.2010Douglas A. Cherry Presents Seminar on Intellectual Property and Technology Law Issues at FPRA Annual Conference
07.01.2010Shumaker, Loop & Kendrick, LLP Attorneys Named to Super Lawyers, Corporate Counsel Edition

Blogs

Publications

11.01.2012"Issues in Cross-Border Trademark Protection"
09.06.2012"E-Discovery Amendments to Florida Civil Rules Now in Effect," Sarasota County Bar Association's The Docket
05.01.2012"Another Blow Struck to Method Patents"
12.01.2011"L3Cs: New Kid on the Company Block," Shumaker, Loop & Kendrick, LLP Dividends Newsletter
07.27.2011"If You Pay For A Work To Be Developed, Do You Own The Copyright?"
03.01.2011"That's Not Me: Trademark Identity Theft," Shumaker, Loop & Kendrick, LLP Dividends Newsletter
2010"A Comprehensive Analysis of the Laws Governing Taser Use by Law Enforcement," 62 Florida Law Review 763 (2010) (Student Note)
February 2009Smith, J.A. and C.A.D. Wilson, February 2009. Business Method Patents After In re: Bilski: Should Your Strategy Change? Atlanta Bar Association Solo Practitioner/Small Firm Section Newsletter
July 2008Smith, J.A. and C.A.D. Wilson, July 2008. What Businesses and Individuals Must Consider About Patents. Atlanta Bar Association Solo Practitioner/Small Firm Section Newsletter
2007Smith, J.A., L.A. Bannister, V. Bhattacharjee, Y. Wang, B.C. Waldman, and A.S. Waldman, 2007.  Accurate Homologous Recombination is a Prominent Double-Strand Break Repair Pathway in Mammalian Chromosomes and is Modulated by Mismatch Repair Protein Msh2. Mol. Cell Biol., 27(22): 7816-27
2006Smith, J.A.  The Interaction of the 35 U.S.C. § 102(b) On-Sale Bar and IP Licensing, Differentiating Licenses From Commercial Sales. 11 J. Tech. L. & Pol'y 313 (2006)
2005Smith, J.A., B.C. Waldman and A.S. Waldman, 2005. A Role for DNA mismatch Repair Protein MSH2 in Error-Prone Double-Strand Break Repair in Mammalian Chromosomes. Genetics, 170(1): 355-63
2004Smith, J.A. and A.S. Waldman, 2004.  Determination of Intrachromosomal Recombination Rates in Cultured Mammalian Cells. Methods in Molecular Biology; Protocols in Recombination.  Humana Press, 13-24
March 2014"Federal Circuit Court's Sack EA's Use of Player Likenesses," Lawyer Magazine, Hillsborough County Bar Association (Vol. 24 No. 5, March-April 2014)

Newsletters

Events and Presentations