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

08.02.2018Doug Miller Reappointed to Boards of Northwestern Water & Sewer District and Rossford Transportation Improvement District
07.11.2018Doug Miller Appointed to Search Committee at LaunchPad Incubation
05.17.2018Christina E. Disch Joins Shumaker, Loop & Kendrick, LLP
03.29.2018Doug Miller Re-Elected President of WCEDC Board
01.03.2018Shumaker, Loop & Kendrick Moves into the Michigan Market
07.11.2017Walmart Ordered to Pay $1.69 Million In Attorneys' Fees In "Exceptional" Trademark Case
05.01.2017Fraser Clemens Martin & Miller LLC Joins Shumaker, Loop & Kendrick, LLP
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
08.10.2016Tivoli Homes of Sarasota Prevails in Copyright Infringement Lawsuit against Medallion Homes Gulf Coast
06.06.2016Michele Leo Hintson and Thomas E. Toner Spoke at the Pasco EDC BizGrow 2.0 Conference
05.18.2016Shumaker, Loop & Kendrick, LLP Recognized by Mecklenburg County Bar for Pro Bono Work
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
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
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
11.05.2012Shumaker, Loop & Kendrick, LLP Ranked Among “Best Law Firms” in U.S. News Media Group and Best Lawyers® Guide


09.20.2017Client Alert: FTC Gives Guidance in Slaying the Data Breach Dragon
07.26.2017Client Alert: New Amazon Brand Registry Released – A Tool for Brand Protection
06.07.2017Client Alert: Top Ten Urban Legends of Intellectual Property
02.09.2017"Why Should I Register My Trademarks?"
12.22.2016Client Alert: New TTAB Rule Changes Take Effect in 2017
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
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"
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"
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

Events and Presentations

Quick Contacts

Related Industries

Related Practices