Intellectual Property & Technology
As a full-service group whose practice spans the globe, Stites & Harbison’s Intellectual Property and Technology (IPT) Group counsels and represents both domestic and international clients across the full range of intellectual property including patents, trademarks, copyrights, trade secrets, and licensing.
All businesses have intrinsic value in the creativity, invention, and innovation that makes them unique. In order to reach full commercial potential, however, an idea, product, or service must be properly protected. What distinguishes Stites & Harbison is our commitment to fully understanding not only our clients’ intellectual property but also their business and the markets in which they compete. This allows us to provide the greatest return on our clients’ intellectual property assets.
Our intellectual property lawyers provide effective and efficient counsel from the creation and registration of intellectual property assets through the management and enforcement of intellectual property rights both in the United States as well as internationally.
Members of the IPT group possess technical experience and hold advanced degrees across a wide variety of fields including engineering, biology and life sciences, chemistry, and computer science. Through our office in Alexandria, VA, our intellectual property attorneys can easily visit the United States Patent & Trademark Office to advocate for our clients in person.
Transactional Services
In addition to securing patents, trademarks, and copyrights at the state, national, or international level, Stites & Harbison’s IPT Group also assists in developing and implementing intellectual property protection plans which are tailored for each client, whether an independent inventor, start-up, well-established business, or university. We work to maximize the value of our clients’ intellectual property through licensing agreements, sponsorship agreements, and other relationships with third parties. We draft and negotiate the appropriate terms related to the intellectual property, whether they are central to or incidental to a larger transaction. When needed, we also issue validity, infringement, and right-to-use opinions regarding our clients’ or a third-party’s intellectual property.
Litigation Services
Stites & Harbison’s IPT Group has extensive experience litigating intellectual property matters before federal and state courts throughout the nation. This experience also extends to all levels of appeals, including the United States Supreme Court. Our firm's litigators aggressively protect the intellectual property assets of our clients, and defend those who have been wrongfully accused of infringing others’ intellectual property rights. The firm has handled a number of significant and well-known intellectual property disputes and has served as lead counsel in intellectual property litigation in more than 30 states. Examples of our IPT group’s work can be found here.
Stites & Harbison have given us timely and insightful advice on a range of litigation/IP matters in the USA in recent years.
I have worked with a number of patent law firms in the past, and ... Stites & Harbison far exceed any other firm in their responsiveness, knowledge of the pharmaceutical / biotechnology field, flexibility and commitment. They work closely with you to make sure the applications are accurate, strong and well presented. In addition, they not only manage the entire process, but provide strategic input and are impeccable in their follow-up. They have a global network, and draw upon resources as required to address the needs of their clients.
Stites & Harbison has displayed an in-depth knowledge of patent law and has been very helpful in navigating us through the process.
Regulated Products: What Manufacturers and Retailers Need to Know Now
Stites & Harbison attorneys Warren Schickli and Drake Staples take at a look at what manufacturers and retailers need to know in this Stites & Harbison complimentary webinar series focused on forever chemicals and what businesses need to do.
Stites & Harbison Earns 93 Rankings in 2025 Best Law Firms®
Stites & Harbison, PLLC has been ranked in the 2025 edition of Best Law Firms®. The firm’s National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law. The firm’s overall results include 93 metropolitan rankings in six regions and represent 52 legal practice areas.
Forever Chemicals: Breaking Down Insurance Coverages
Neil Barton and Charles Stopher present an overview of available insurance coverage and potentially applicable exclusions to the increased risk of PFAS exposure in the third session of Stites & Harbison's webinar series "Forever Chemicals: What does your business need to know and do?".
IP Rights That Go Bump in the Night: Horror Inc. v. Miller
It’s that time of the year. When the wind begins to chill and the nights grow longer, serving as harbingers for the inevitable truth, spooky season is upon us. As you and your neighbors begin to adorn your homes with your favorite ghouls and goblins in celebration of All Hallows’ Eve, I’d like to remind you of another reason to celebrate. For the second consecutive year, the Governor of Kentucky, Andy Beshear, has proclaimed October as Intellectual Property (IP) month in our commonwealth. In honor of this proclamation, I will share a story of IP rights that go bump in the night—the story surrounding the Second Circuit case, Horror Inc. v. Miller, 15 F.4th 232 (2d Cir. 2021). IP attorney Donovan Gibbs takes a look at the case in this Stites & Harbison Client Alert.
October 2024 is Intellectual Property Month in Kentucky
The Governor of Kentucky has officially proclaimed that October 2024 is Intellectual Property Month! This was achieved through efforts of the Kentucky Intellectual Property Association (KYIPA), in partnership with KY Innovation, Kentucky Science and Technology Corporation (KSTC), the Kentucky Bar Association (KBA) Intellectual Property (IP) Law Section, and many other organizations in the Commonwealth. IP attorney Mandy Decker takes a look at what intellectual property is in this Stites & Harbison Client Alert.
Managing IP Honors James Hayne and Nick Stewart on 2024 “Rising Stars” List
Managing Intellectual Property (Managing IP) magazine has named Stites & Harbison, PLLC attorneys James Hayne and Nick Stewart to its 2024 “Rising Stars” list. This is Hayne’s third time and Stewart’s second time being honored.
A Forever Chemicals Primer: When, Why, How, Who, and Where?
Part 1 of webinar series, "A Forever Chemicals Primer: When, Why, How, Who, and Where?," where attorneys Jennifer Cave and John Tate discussed identifying common commercial and industrial applications of PFSA; providing up-to-date human health and environmental testing data; and discuss state and federal regulatory status of forever chemcials.
USPTO Announced Termination of its After Final Consideration Pilot Program 2.0
Citing millions of dollars in administrative costs and lack of offsetting revenue as driving factors, the United States Patent and Trademark Office (USPTO) announced on October 1, 2024, that it is terminating its After Final Consideration Pilot Program 2.0 (AFCP 2.0) effective December 14, 2024.
Stites & Harbison, PLLC Achieves 2023-24 Mansfield Certification
Stites & Harbison, PLLC is pleased to announce that it has achieved 2023-24 Mansfield Certification. Mansfield is a year-long structured certification process designed for law firms to ensure all lawyers have an opportunity to advance into leadership.
Stites & Harbison Named to 2024 Top 10 Trademark Firms in North America – South List
The Trademark Lawyer Magazine has named Stites & Harbison, PLLC to the 2024 Top 10 Trademark Firms and IP Practices in North America – South list. This is the firm’s second year being honored.
Stites & Harbison Expands Intellectual Property Practice with Addition of New Attorneys and Patent Agents
Stites & Harbison, PLLC is pleased to announce the addition of three attorneys and three patent agents to the firm’s Intellectual Property & Technology Service Group. All of the individuals join from one of the nation’s largest full-service intellectual property law firms. With the additions, Stites & Harbison will also be establishing a Hartford, Conn., office in the coming weeks.
FTC Noncompete Rule Struck Down Nationwide
On Tuesday, August 20, 2024, the United States District Court for the Northern District of Texas entered an order preventing the FTC’s rule on noncompetes from going into effect nationwide. For the time being, employers do not need to comply with the FTC’s rule, which was scheduled to go into effect on September 4, 2024. Employment attorneys Shannon Hamilton, Robin McGuffin, and Zac Losey take a look at that decision in this Stites & Harbison Client Alert.
Stites & Harbison, PLLC Lawyers Named to 2025 Best Lawyers® Publications
Stites & Harbison, PLLC is pleased to announce that 97 of its lawyers are included in the 2025 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence according to the publication. Additionally, 12 Stites & Harbison attorneys are named as “Lawyer of the Year” and 30 attorneys are recognized in Best Lawyers: Ones to Watch® in America, which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.
Richard Myers named Stites & Harbison's Nashville Office Executive Member
Stites & Harbison, PLLC has named attorney Richard S. Myers, Jr., as its Nashville and Franklin Office Executive Member. He succeeds Gregory D. Smith, who has served in this role for nine years.
USPTO to Do a Deep Dive on Deepfakes
The United States Patent and Trademark office (“USPTO”) has stated that it will be holding a roundtable on August 5, 2024, to address whether current laws are sufficient to protect individuals from the unauthorized reproductions of their voice, image, or likeness commonly referred to as “deepfakes.” Attorney TJ Mihill takes a look at the what the USPTO is looking for in this Stites & Harbison Client Alert.
Samuel F. Miller Rejoins Stites & Harbison in Nashville
Stites & Harbison, PLLC welcomes attorney Samuel F. Miller back to the firm’s Nashville, Tenn., office where he started his legal career in 2003. He rejoins the firm as a Member (Partner) in the Intellectual Property & Technology Service Group.
KBA Elects Mandy Wilson Decker and Donovan Gibbs II to Leadership Roles
The Kentucky Bar Association (KBA) recently elected two Stites & Harbison, PLLC attorneys to leadership roles in the Intellectual Property (IP) Law Section. Mandy Wilson Decker was elected Chair of the IP Law Section while Donovan D. Gibbs II was elected Vice Chair of the section. Both attorneys will serve a one-year term.
FTC Non-Competition Final Rule Update
On July 3, 2024, a Texas federal Northern District Court granted a preliminary injunction to the Plaintiff and the four Intervening Plaintiffs in the matter of Ryan v. Federal Trade Commission. The preliminary injunction enjoins the Federal Trade Commission’s (“FTC”) Final Rule prohibiting non-competition agreements from being implemented and enforced as to the Plaintiff and Intervening Plaintiffs only. In addition, the Court enjoined the effective date of the Final Rule, again limiting the injunction to the Plaintiff and Intervening Plaintiffs only. Employment attorney Shannon Hamilton takes a look at the update in this Stites & Harbison Client
Managing IP Honors Mandy Wilson Decker for 10th Time on 2024 “Top 250 Women in IP” List
Managing Intellectual Property (Managing IP) magazine recently selected Stites & Harbison, PLLC attorney Mandy Wilson Decker to the 2024 edition of Managing IP’s “Top 250 Women in IP.” This is the 10th time Decker has been honored on this list, and she is the only attorney honored from Kentucky.
Managing IP Honors Stites & Harbison Attorneys on “IP Stars” 2024 List
LOUISVILLE, Ky. (June 20,—Managing Intellectual Property (Managing IP) magazine has named nine Stites & Harbison, PLLC attorneys to the 2024 “IP Stars” list. Managing IP recognizes the most highly regarded intellectual property attorneys in the U.S.