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Intellectual Property

Intellectual Property

Overview

In today’s innovation-driven economy, safeguarding intellectual property is crucial to maintaining a competitive edge. Carlton Fields’ powerhouse team of IP specialists is dedicated to protecting valuable patent, trademark, copyright, trade secret, data, and other IP assets across a multitude of industries and legal forums.

Heavy-hitting Carlton Fields can troubleshoot any branding problem thrown its way. Its IP squad is accomplished working on both sides of the contentious and non-contentious boundary, and it also shines in licensing transactions by working in tandem with the firm's full-bodied corporate group.

Why Choose Carlton Fields’ Intellectual Property Lawyers

Technical and Legal Acumen. Our nationwide IP team includes lawyers with advanced technical degrees, M.D.s, and Ph.D.s, former CEOs, engineers, registered patent attorneys admitted to practice before the U.S. Patent and Trademark Office (USPTO), and several lawyers recognized as board-certified specialists in intellectual property law by the Florida Bar. Our team also includes several IP attorneys who have served as general counsel for global companies, bringing a unique, deep understanding to our bench about how businesses manage IP needs and disputes. 

Proven Track Record: Our patent litigators have successfully led landmark cases that have shaped the IP landscape, demonstrating our commitment to excellence and client success. Members of our team have represented clients in some of the largest International Trade Commission (ITC) cases in history involving multi-week trials. They have also argued the first case heard by the Patent Trial and Appeal Board (PTAB) held during its now-annual roadshow, prepared amicus briefs in one of the first Supreme Court cases about the America Invents Act’s post-grant proceedings process, and obtained two writs of mandamus in less than a month in a case involving the refusal to transfer a matter out of the Eastern District of Texas. These achievements highlight our experience in handling complex, high-stakes IP matters.

We Wrote the Book. Our patent lawyers take particular pride in authoring leading treatises and books about IP issues. Our team includes the author of four treatises by LexisNexis, including the three-volume Horwitz on Patent Litigation and five-volume Horwitz on World Trademark Law, as well as the authors of chapters on important IP issues in government contracting, advanced licensing, and other topics. In 2024, Carlton Fields’ patent litigation attorneys were invited by the Florida Bar Legal Publications to author the patent litigation chapter of the Florida Bar’s Business Litigation in Florida, the “must-have" manual for business practitioners and litigators in Florida, covering complex commercial litigation issues.

Deep Knowledge of IP Law. Our IP lawyers focus solely on IP law. Every day, members of our IP team draft patent applications, manage trademark portfolios, direct patent litigation, handle trademark disputes, resolve copyright claims, create complex data licensing agreements, prepare software and professional services agreements, and perform many other high-level IP-centric tasks that require a deep understanding of IP law, USPTO procedure, and IP litigation procedures.

The Lawyers’ Lawyers. When other attorneys want to learn about intellectual property law, they turn to Carlton Fields’ IP lawyers. Our attorneys are regularly hired by other law firms to serve as consulting and testifying experts in patent and trademark law, and have testified before Congress on IP topics. Our attorneys also serve as law professors and teachers of intellectual property courses in law schools, and are regularly called upon to lecture on IP issues for legal education providers across the country.

Industry Expertise: With deep experience in sectors such as agriculture, technology, financial services, medical devices, pharmaceuticals, health care, cannabis and psychedelics, telecommunications, education, and real estate and construction, we provide tailored strategies that align with specific industry norms and needs.

Client and Peer Recognition. Our IP lawyers are regularly recognized by the preeminent publications in the IP field.

  • Our trademark team includes two WTR Global Leaders — “the best of the best in trademark practice” — selected from WTR’s market-leading research projects.

  • Our intellectual property litigation lawyers are regularly recognized in The Best Lawyers in America, Super Lawyers, Law360, and Euromoney, and several are rated AV or higher by Martindale-Hubbell.

  • Multiple-year winner of Tampa “Lawyer of the Year” in Patent Law, and individuals honored as BTI Client Service All-Stars.

  • The firm’s preeminent team of trademark lawyers has also been ranked on the prestigious Gold Band of the WTR 1000 for the last six consecutive years, an honor that recognizes only the crème de la crème — the trademark lawyers that “undertake the most sophisticated work … [and] secure the most high-profile, big-ticket work from the most prestigious of clients.”

  • Highly rated copyright and media lawyers recognized in Billboard.

Comprehensive Coverage: We represent clients in key jurisdictions where IP cases are most frequently litigated, including:

  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims

Our patent and trademark lawyers also have decades of experience managing proceedings before the USPTO’s Patent Trial and Appeal Board and Trademark Trial and Appeal Board (TTAB), and the U.S. International Trade Commission.

Global IP Knowledge. Our IP lawyers regularly assist clients with an international footprint, including those from Canada, the United Kingdom, Europe, Costa Rica, China, Japan, India, Israel, and elsewhere, to navigate U.S. law, litigate in U.S. courts, and pursue patent prosecution and trademark prosecution matters before the USPTO and World Intellectual Property Organization. Our patent lawyers and trademark lawyers also speak Hebrew, Mandarin, Chinese, Japanese, Taiwanese, Bengali, Hindi, and other languages.

Intellectual Property Services

Patent Infringement Litigation: Vigorous defense and prosecution of patent rights across various technologies, including medical devices, software, biotechnology, and telecommunications.

Trademark and Branding Disputes: Protection of brand identity through litigation and administrative actions, including opposition and cancellation proceedings before the TTAB.

Copyright Claims: Enforcement of rights for creators and businesses against unauthorized use of original works in media, software, and other creative fields.

Trade Secret Protection: Litigation against misappropriation and unauthorized disclosure of confidential business information, ensuring your trade secrets remain secure.

Internet and Technology Agreements, Licenses, and Disputes: Drafting and negotiating complex technology agreements, including agreements concerning software subscriptions, hosting services, software resale, and software license maintenance; addressing issues such as software licensing and conflicts.

Advertising and Promotions: Advice related to advertising practices, promotions, and related regulatory compliance.

Hatch-Waxman, Pharmaceutical, and Life Sciences Litigation: Managing complex cases involving abbreviated new drug applications (ANDA), biosimilars, biotechnology, and related patent disputes.

Digital Millennium Copyright Act (DMCA) Proceedings: Representing clients in matters related to the DMCA, including takedown notices and safe harbor provisions.

USPTO Post-Grant Review Proceedings: Advocacy in inter partes reviews, post-grant reviews, and covered business method reviews before the PTAB.

Domain Name Disputes: Resolution of conflicts under the Uniform Domain-Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS), combating cybersquatting, website takedowns, fraudulent domains, and related issues.

Commercial Disputes and Unfair Competition: Litigation addressing unfair business practices, false advertising, and related commercial conflicts.

Our Approach

At Carlton Fields, we combine legal acumen with industry-specific knowledge to develop strategies that protect your intellectual property and advance your business objectives. Our commitment to understanding your unique challenges allows us to provide personalized and effective legal solutions.

Insights

Our Team

Key Contacts

Eleanor M. Yost
Shareholder

Additional Members

Justan C. Bounds
Shareholder
Atlanta
Patricia M. Carreiro
Shareholder
Miami
Richard A. Denmon
Shareholder
Tampa
Eden Franco
Associate
West Palm Beach
Harvey W. Geller
Shareholder
Los Angeles
William Giltinan
Of Counsel
Tampa
Ethan Horwitz
Shareholder
New York
Daniel C. Johnson
Shareholder
Orlando
Michael R. Justus
Shareholder
Tampa
David A. Karp
Of Counsel
Miami
Emily M. Karpen
Associate
Los Angeles
Morgan A. Klein
Associate
New York
Jeff Miles
Shareholder
Los Angeles
Jayashree Mitra
Shareholder
New York
Mark A. Neubauer
Shareholder
Los Angeles
Frederick A. Ou
Of Counsel
Tampa
Scott D. Page
Of Counsel
Los Angeles
Grace Pan
Shareholder
New York
John C. Pitblado
Shareholder
Hartford
Thomas G. Rohback
Shareholder
Hartford
Austin C. Shaffer
Associate
Atlanta
Alex B. Silverman
Shareholder
New York
Jonathan Sterling
Shareholder
Hartford
J. Coy Stull
Shareholder
Tampa
F. Joseph Ullo Jr.
Shareholder
Tallahassee
Michael L. Yaeger
Shareholder
New York
Catherine Liyun Zhang
Shareholder
Tampa

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.