Intellectual Property

We help clients protect, defend, and maximize the value of their IP assets in a global marketplace.

Lawyers in Shumaker, Loop & Kendrick, LLP’s Intellectual Practice group advise clients on the clearance, selection development, preparation, prosecution, registration, protection, enforcement, and transactions related to patents, trademarks, copyrights, trade secrets, and other proprietary rights. Our comprehensive counsel includes representing clients facing a variety of IP disputes, administrative proceedings, arbitrations, and litigation in federal and state courts throughout the United States. And because IP is an invaluable global business asset, we have established a network of international IP counsel to assist in protecting our clients’ rights in other countries.

In advising clients, we keep their broader business aims at the forefront, often working collaboratively with Shumaker lawyers in other disciplines. This means our clients receive a single source of coordinated IP counsel and business law advice that allows them to optimize the market value of their IP assets.

Clients benefit from our group’s focus on structuring technology contracts agreements, including identifying deliverables and related specifications and timetables. Since we take the time to understand their business goals and technology capabilities, we are able to devise technology contracts and agreements that make practical sense from a business—as well as a legal—perspective.

When counseling clients, we look for the most creative ways to secure and exploit their IP, construct the most effective protection, and achieve business objectives—whether in the marketplace or in the courtroom. We also routinely counsel clients on preventative measures and are always looking for practical business solutions for our clients in order to avoid high-cost disputes.

Drawing on our experience as business advisors, we help companies accelerate their market penetration through strategic business combinations and alliances. Clients value our experience in due diligence analysis in mergers and acquisitions designed to leverage their IP strengths, as well as in crafting licensing agreements that extend and protect their ownership rights. Before structuring a deal, we ensure that all trademarks, copyrights, and other proprietary rights are fully secured.

Additionally, we are experienced in litigation, arbitration, and mediation involving high-profile corporate technology cases, as well as patent, trademark, copyright, and trade secret litigation, and we represent clients in all phases of IP infringement cases. While we seek to avoid the expense of litigation by helping clients resolve disputes through arbitration or mediation, we are aggressive advocates in the courtroom if trial is necessary.

Our Clients

  • Companies in diverse business sectors, arts, and industries—including health care, biotechnology; telecommunications; medical devices; solar; fiber optic networks; software; semiconductors; aerospace; and general electrical, mechanical, and electromechanical arts
  • General business and in-house counsel
  • Technology transfer managers
  • Inventors
  • Investors

Our Services

  • Research, investigation, analysis, and opinions regarding patentability, infringement, design-around current awareness, and due diligence studies
  • Research, investigation, analysis, and opinions regarding availability and ability to register and protect trademarks and trade dress
  • Preparation and prosecution of applications for registration and procurement of patents, trademarks, and copyrights
  • Comprehensive IP litigation, from infringement lawsuits to trademark opposition and cancellation proceedings
  • Protecting 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

News Releases

01.11.2019Patrick Horne Joins Shumaker
01.03.2019Shumaker Attorneys Named 2019 NC Legal Elite by Business North Carolina Magazine
11.06.2018Mindi Richter Moderated the Tampa Bay Chapter Federal Bar Association Brown Bag Lunch
10.29.2018North Carolina Federal Jury Finds Walmart Liable For Willful Trademark Infringement
09.07.2018Mindi Richter Appointed to Chair of The First Tee of Tampa Bay Advisory Board
08.31.2018Hyundai Can't Escape Antitrust Claims According to Federal Judge in North Carolina
08.02.2018Doug Miller Reappointed to Boards of Northwestern Water & Sewer District and Rossford Transportation Improvement District
07.12.2018Douglas A. Cherry Installed as President of the Judge John M. Scheb American Inns of Court
07.11.2018Ronald A. Christaldi Selected by Business Journals as One of Nation’s 100 Most Influential Attorneys
07.11.2018Doug Miller Appointed to Search Committee at LaunchPad Incubation
05.17.2018Christina E. Disch Joins Shumaker, Loop & Kendrick, LLP
05.02.2018Todd Timmerman Elected To Chair 2018-19 Outback Bowl
03.29.2018Doug Miller Re-Elected President of WCEDC Board
01.03.2018Shumaker, Loop & Kendrick Moves into the Michigan Market
11.30.2017Jack Santaniello Presented "The Law of Business 201" at Latin American Chamber of Commerce Business Builders
07.11.2017Walmart Ordered to Pay $1.69 Million In Attorneys' Fees In "Exceptional" Trademark Case
06.06.2017Adria Maria Jensen and Douglas A. Cherry Presented to Sarasota County Bar Association
05.16.2017J. Todd Timmerman Vice Chair of the Outback Bowl
05.01.2017Fraser Clemens Martin & Miller LLC Joins Shumaker, Loop & Kendrick, LLP
03.13.2017Douglas A. Cherry Spoke to Lakewood Ranch Business Alliance
01.27.2017Mindi M. Richter Appointed Chair of Intellectual Property Committee
01.09.2017Shumaker Attorneys Named Business North Carolina's 2017 "Legal Elite"
01.06.2017Shumaker Listed Among Law360's Top 10 Trademark Rulings of 2016
11.16.2016Shumaker Earns National and Regional Rankings from U.S. News – Best Lawyers® 2017
10.05.2016Cherry Presents to Paralegal Association of Florida
08.24.2016Shumaker, Loop & Kendrick, LLP Attorneys Speak to Working Women of Tampa Bay
08.10.2016Tivoli Homes of Sarasota Prevails in Copyright Infringement Lawsuit against Medallion Homes Gulf Coast
06.27.2016Peter R. Silverman Appointed to CPR Panel of Distinguished Neutrals
05.18.2016Shumaker, Loop & Kendrick, LLP Recognized by Mecklenburg County Bar for Pro Bono Work
03.23.2016Mindi M. Richter Presented to HCBA
03.22.2016Suzette M. Marteny Named Fellow of Litigation Counsel of America
03.21.2016Suzette M. Marteny Spoke to Paralegal Association of Florida, Inc.
02.29.2016Mindi M. Richter Presented to Florida Public Relations Association
02.16.2016Shumaker Attorneys Present to Manatee County Bar Association
01.08.2016Shumaker, Loop & Kendrick Attorneys Speak at HCBA Corporate Counsel Section Luncheon
11.12.2015Shumaker Earns “Best Law Firm” Rankings from U.S. News – Best Lawyers® 2016
11.12.2015Christina Davidson Trimmer Joins Shumaker, Loop & Kendrick, LLP
08.26.2015J. Todd Timmerman President-Elect of the Hillsborough County Bar Foundation
08.06.2015Suzette M. Marteny Named to Executive Committee of American Diabetes Association's Lakewood Ranch Tour de Cure
05.13.2015Suzette M. Marteny Panelist at World IP Day Detroit
04.23.2015Thomas E. Toner to Speak at USF Connect
04.08.2015World IP Day Rocks Detroit on April 23
03.31.2015Steven M. Berman and J. Todd Timmerman Guest Lecturers at University of Florida College of Law Advanced Bankruptcy Seminar
02.10.2015Long Named Partner at Shumaker, Loop & Kendrick, LLP
12.09.2014Thomas E. Toner Selected to Tampa Bay Technology Incubator Council of Professionals
12.05.2014Kathryn A. Gromlovits Receives Board Certification
11.06.2014Shumaker Celebrates New Office at University of South Florida Incubator
11.03.2014Shumaker, Loop & Kendrick, LLP Receives Metropolitan First-Tier Rankings in U.S. News – Best Lawyers® “Best Law Firms” for 2015
10.20.2014Shumaker, Loop & Kendrick Attorneys, Cherry and Smith, Speak at SAMA Dinner
10.13.2014Jason A. Smith to Speak to Sarasota Manatee Area Manufacturers
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



01.04.2018So Your Firm or Client had a Data Breach? What Next?
07.26.2017Client Alert: New Amazon Brand Registry Released – A Tool for Brand Protection
07.26.2017"Privacy Compliance Driven by the European Union"
06.07.2017Client Alert: Top Ten Urban Legends of Intellectual Property
03.23.2017Client Alert: Supreme Court Finds Cheerleading Uniforms Copyrightable in Landmark Apparel Copyright Case
02.09.2017"Why Should I Register My Trademarks?"
07.01.2016"Data Privacy Protection and Cybersecurity: A Business and Legal Primer"
05.12.2016Client Alert: New Federal Trade Secrets Law Brings Major Implications for Trade Secret Owners and Their Employees
04.25.2016Client Alert:  A WHOLE NEW BALL GAME - Implications for Brand Owners of Proposed Rule Changes in the TTAB and the Actual Effects of the Supreme Court’s Decision in B&B Hardware One Year Later
04.07.2016Client Alert: Website Compliance with the ADA - Emerging Threat of Litigation
03.30.2016Client Alert: Changes in the European Union
12.01.2014"Federal Cause of Action for Trade Secret Theft on the Horizon"
12.01.2014"Warranties of Noninfringement and Allocation of Infringement Risk"
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)
Summer 2013"Fairly Fair Use," Entertainment, Arts and Sports Law Journal, New York State Bar Association, Summer 2013, Vol. 24, No. 2
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
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
September 2008Co-Author, "So Your Client Has Intellectual Property Questions. What do you do?" DICTA, a Knoxville Bar Association Publication
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
2005"Hyperlinks: The Good, the Bad, and the Tortious," 36 U.Tol.L.Rev. 367
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


Events and Presentations

11.13.2018Podcast:  "How Startups can Utilize Patents and Intellectual Property in their Growing Business," Fordham University School of Law, Intellectual Property Law Journal
07.31.2018"Intellectual Property for Blockchain," EPIC Toledo Connect Tech
06.01.2018"Legal Issues that Grow from ICO Seeds," Central Ohio Chapter of the Association of Corporate Counsel (CO-ACC), Dublin, Ohio
03.07.2018“Avoiding the Pitfalls of the Digital Era of Law: E-Discovery, Preservation & Other Technological Issues"
02.15.2018"The Business of Startups: Patents"
02.13.20182018 Cyber Security Symposium:  "Data Breach: Expert Advice on Mitigating the Consequences and Protecting the Brand"
10.17.2017"Protecting Your Intellectual Property and Using Social Media - 10 Fatal Mistakes Made by Small Business Owners in the Digital Era"
04.28.2017"Data Breach:  Expert Advice on Mitigating the Consequences and Protecting the Brand" presented to the Association of Corporate Counsel
03.09.2017"Legal Insights for Designers and Developers" presented to Front End Design Meetup
03.08.2017"Protecting Intellectual Property," presented to Lakewood Ranch Business Alliance
01.21.2016"IP and IPAs" presented by Douglas A. Cherry at AdFed Suncoast AdNites
01.19.2016"You Had a Data Breach. Now What?" presented by Douglas A. Cherry and Scott A. LaPorta at the Suncoast Technology Forum Techbyte Luncheon
08.07.2015“Effective Branding Techniques and Intellectual Property Protection in the Digital Era” presented at the Florida Festival & Events Association (FFEA) Convention
05.21.2015“Effective Branding Techniques and Intellectual Property Protection in the Digital Era” presented at the Florida Association of Destination Marketing Organizations (FADMO) Annual Marketing Summit
04.23.2015World IP Day Rocks Detroit on April 23
02.19.2015"Fatal Assumptions Made By Technology Companies and Start-ups" presented at The HuB
02.18.2015"Legal Insights on Social Media" presented to the Florida Public Relations Association (FPRA)
02.17.2015"What Every Employer Needs to Know for 2015" presented at Sarasota Chamber University
04.11.2013"Protect Your Intellectual Property," A Free Workshop from USF-Sarasota Manatee and Manasota SCORE
01.10.2013“The New Digital Terrain and eDiscovery Amendments to the Florida Rules of Civil Procedure: An Overview and Discussion,” Florida Institute of CPAs 2013 VFALS Conference
09.12.2012“The New eDiscovery Amendments to the Florida Rules of Civil Procedure – An Overview and Discussion,” Sarasota County Bar Association
12.14.2011"Due Diligence:  What Investors Should Look For and What Entrepreneurs Should Have," Gulf Coast Venture Forum
10.19.2011"Protecting IP in a Global Market," SAMA Dinner Meeting
08.17.2011"Avoiding Legal Pitfalls and Managing Intellectual Property as it Relates to Marketing Issues for Businesses," Sarasota Chamber of Commerce
06.17.2011"Intellectual Property and Open Source Licenses," Barcamp Sarasota
05.26.2011"Pitfalls and Opportunities of Social Media," AAF Suncoast
03.18.2011"What to do When you are Facing an Ethically Challenged Attorney," Legal Aid of Manasota
April 2014Presenter, Updates & Recent Cases in Copyright and Trademark Law, Hillsborough County Bar Association, Continuing Legal Education Course
October 2013Presenter, Updates & Recent Cases in Patent, Copyright and Trademark Law, Hillsborough County Bar Association, Continuing Legal Education Course

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