Patents, Trademarks, Copyrights, Trade Secrets

Shumaker's intellectual property practice is comprehensive.  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 all nature 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.

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

Unlike more narrowly focused intellectual property practices, Shumaker lawyers advise our clients with their broader business objectives in mind, 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 never loses 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 make sure all patents, trademarks, copyrights and other proprietary rights are fully secured even before the deal is structured. 

Our lawyers are equally effective 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

Publications

11.01.2012"Issues in Cross-Border Trademark Protection"
05.01.2012"Another Blow Struck to Method Patents"
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