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.
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.
Department of Labor Overtime Rule Becomes Effective!
The Department of Labor’s (“DOL”) Final Rule increasing the salary level for exempt positions and increasing the number of employees eligible for overtime goes into effect today, July 1, 2024, for all 50 states, with the exception of the state of Texas as an employer. The Overtime Rule does apply to private employers in Texas. Employment attorney Shannon Hamilton takes a look at what that means to employers in this Stites & Harbison Client
News of the Death of Workers’ Jobs at the Virtual Hands of AI is Greatly Exaggerated
Artificial Intelligence (AI) is being touted as having the potential to save humanity or destroy it. On the saving side there is the possibility for drug discoveries, disease (e.g. cancer) diagnosis for early detection and cure, and energy discovery and efficiency. Stephen Weyer takes a look at the world AI in this Stites & Harbison Client
Stites & Harbison Ranks in Top 20 on 2024 "Best Place to Work in Kentucky" List
Stites & Harbison, PLLC ranks in the Top 20 “Best Places to Work in Kentucky” for 2024 in the medium company category. The firm has made the list 18 times — 10 of those in the Top 10.
Protecting Employer Proprietary Information Following the FTC's Ban on Non-Compete Agreements
The Federal Trade Commission (FTC) on April 23, 2024 issued a rule banning future non-compete agreements with limited exceptions. The FTC rule bans virtually all non-compete agreements for employees and independent contractors. Pre-existing non-compete agreements with senior executives remain enforceable, but new non-competes with senior executives are not. Likewise, non-competes entered into pursuant to a sale of a business or person’s ownership stake in a business are exempt from the FTC rule. Pat Torre takes a look at the rule in this Stites & Harbison Client
Checking in on the Status of the Fair Labor Standards Act Exempt Salary Threshold Increase
It is a little under two weeks until the July 1, 2024, effective date for the U.S. Department of Labor’s Final Rule (the “Final Rule”) raising the minimum salary level requirement for exempt white-collar employees to $43,888 annually. Now is the time to check in on the status of any legal challenges which might effect that deadline and employment attorney Shannon Hamilton takes a look at those challenges in this Stites & Harbison Client
Chambers USA Honors 25 Stites & Harbison Attorneys for 2024
LOUISVILLE, Ky.—Chambers USA selected 25 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2024 guide. The Chambers USA guide ranks the top law firms and leading attorneys in the United States.
The Cost of Third- Party Data Breaches: How to Avoid a Financial Disaster
Time: 12:00 p.m. - 1:30 p.m.
Webinar
Chad McTighe and Sarah Spurlock will be the speakers for The Knowledge Group's Webinar on June 14, 2024 discussing the costs associated with unforeseen security risks.
USPTO Updates Guidance Due to Federal Circuit’s Adoption of Same Obviousness Test for Utility and Design Patents
On May 21, 2024, the Federal Circuit issued an en banc decision in LKQ Corp. v. GM Global Technology Operations LLC, No. 2021-2348, eliminating the long-established test for proving design patents invalid for being obvious as "improperly rigid" in favor of a more flexible approach. In doing so, it decided the same test for utility patent obviousness applies to design patents. IP attorney Trevor Graves takes a look at the case in this Stites & Harbison Client Alert.
Junior Achievement of Kentuckiana Appoints Donovan D. Gibbs II to Advisory Board
Junior Achievement of Kentuckiana recently appointed Stites & Harbison, PLLC attorney Donovan D. Gibbs II to its Young Professionals Advisory Board.
Stites & Harbison Earns 2024 Top 10 Listing in Patent Lawyer Magazine
The Patent Lawyer Magazine has named Stites & Harbison, PLLC to the 2024 Top 10 Patent Firms and IP Practices in North America – South list. This is the firm’s third year being honored.
Who Owns TRAVIS KELCE?: An Example of the Legal Issues that Arise When Related Entities Apply for Similar Trademarks
The Lanham Act bars the registration of similar trademarks (or “marks”) that are likely to cause confusion with existing marks registered with the United States Patent and Trademark Office (“USPTO”). This concept of “likelihood of confusion” is a foundational principal of trademark law and one of the most beneficial aspects of acquiring a federal registration. IP attorney Donovan Gibbs takes a look at those benefits in this Stites & Harbison Client Alert.
FTC Issues Final Rule Banning Non-Compete Agreements; Legal Challenges Have Already Begun
On April 23, 2024, the FTC issued its final rule banning employers’ use of non-compete agreements. The rule is broad, applying nationwide and to all non-compete agreements, with a few narrow exceptions. The ban has not gone into effect—it’s scheduled to go into effect 120 days after being published in the Federal Register—and legal challenges have already been filed. Robin McGuffin and Zac Losey take a look at the new rule in this Stites & Harbison Client Alert.
Data Security and Privacy Symposium
Time: 8:00 a.m. - 4:30 p.m.
State Bar of Georgia Conference Center, 104 Marietta Street NW, Atlanta, GA 30303
Attorneys Shannon Sprinkle and Matt Gass will be moderating and participating on a panel focused on Litigation Trends in Privacy and Data Protection on April 17, 2024 presented by the Atlanta Bar Association.
Navigating Artificial Intelligence in PR and Communications
Time: 11:30 a.m. - 1:00 p.m.
Flash Cube Building, 9300 Shelbyville Road, 2nd Floor Community Room, Louisville, KY
The March PRSA Program entitled "Navigating Artificial Intelligence in PR and Communications," is a panel discussion surrounding the utilization of AI in communications and will feature Stites & Harbison IP attorney, Nick Stewart, who is a Registered Patent Attorney.
2024 WTR 1000 Recognizes Stites & Harbison’s Trademark Practice
LOUISVILLE, Ky.—World Trademark Review (WTR) has recognized Stites & Harbison, PLLC and four attorneys in the 2024 edition of WTR 1000 – The World’s Leading Trademark Professionals.
Is That Tattoo Infringing? The Complicated Copyright Questions Surrounding Tattoos
Tattoos have been at the core of several copyright cases over the last few years. One of the earliest well-known examples was a suit by Mike Tyson’s tattoo artist over the use of Tyson’s face tattoo design in the movie The Hangover Part II, which settled out of court in 2011. However, several more recently undecided cases have raised issues tied to tattoos and copyright infringement. TJ Mihill takes a look at this issue in the latest Stites & Harbison Client Alert.
Stites & Harbison Welcomes Donovan D. Gibbs II to the Louisville Office
LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Donovan D. Gibbs II to the firm based in the Louisville, Ky., office. He joins the Intellectual Property & Technology Service Group.