Intellectual Property & Technology

Our Intellectual Property & Technology attorneys offer the complete range of legal services for the identification, development, acquisition, protection, commercialization and enforcement of intellectual property (IP) assets and related technology. Whether performing due diligence for an acquisition, securing a patent or trademark, or using litigation to resolve an IP dispute, our full-service intellectual property group works closely with clients to provide business-minded solutions and to achieve results in a cost-effective and efficient manner.

Our licensing and transactional attorneys develop a sophisticated understanding of our clients’ businesses and dedicate time to understanding the industries in which our clients operate. They are devoted full-time to counseling, drafting, and negotiating technology transactions. Our IP transaction team also works seamlessly with our other practice groups to provide integrated services to clients in healthcare and corporate mergers, acquisitions, financings, and restructurings involving technology and IP assets.

Our IP litigation practice combines the technical knowledge of our patent attorneys with substantial trial experience. IP litigators protect clients’ ability to research, develop and market intellectual assets, including counseling clients as both plaintiffs and defendants in intellectual property enforcement disputes.

Some of our IP portfolio services include:

  • Patent prosecution, maintenance and enforcement
  • Trademark clearance, registration, maintenance and enforcement
  • Copyright litigation and counseling
  • Trade secret litigation and counseling
  • IP aspects of mergers, acquisitions, alliances, strategic relationships, joint ventures and other corporate and healthcare transactions
  • Technology development, procurement and commercialization
  • Information technology and business process outsourcing
  • Providing infringement, validity and enforceability opinions
  • Developing IP portfolio strategies
  • Counseling on privacy and data security
  • Advising on media, advertising and marketing strategies
  • Valuation and asset management

We proudly represent innovative businesses and fast-growing startups across many industries including automotive, biotechnology, chemicals, computer hardware and software, consumer products, electronics, financial services, healthcare, information technology, life sciences, media and entertainment, music, pharmaceuticals, and telecommunications.

  • We represented Cracker Barrel Old Country Store, Inc. (Nasdaq: CBRL) in its investment in Denver-based Punch Bowl Social, an award-wining experiential food and beverage concept.

    We represented Cracker Barrel Old Country Store, Inc. (Nasdaq: CBRL) in its investment in Denver-based Punch Bowl Social, an award-wining...
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    Client Type: Public Company
  • We represented Twin River Worldwide Holdings, Inc. (NYSE: TRWH) in its definitive agreement to acquire the operations and real estate of Isle of Capri Casino and Lady Luck Casino from Eldorado Resorts, Inc. (Nasdaq: ERI), in a cash transaction for $230 million.

    We represented Twin River Worldwide Holdings, Inc. (NYSE: TRWH) in its definitive agreement to acquire the operations and real estate of...
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    Client Type: Public Company
  • Represented Pace Payment Systems, Inc. in its sale to i3 Verticals, Inc. for $52.7 million

    We represented Pace Payment Systems, Inc. in its sale to i3 Verticals, Inc. for $52.7 million, plus an earnout payment...
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    Client Type: Private Company
  • Represented Serco Inc. in its definitive Asset Purchase Agreement to acquire Alion Science & Technology Corporation’s Naval Systems Business Unit, including its Canadian business and a small number of related contract operations, for $225 million. The acquisition, subject to regulatory approvals, is expected to close in the second half of 2019. Serco Inc., a provider of professional, technology, and management services, will strengthen its presence in naval support with this acquisition, and will become a stronger integrated maritime solutions provider for the U.S Navy and other customers.

    We represented Serco Inc. in its definitive Asset Purchase Agreement to acquire Alion Science & Technology Corporation's Naval Systems Business...
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    Client Type: Private Company
  • Represented C-III Capital Partners in its sale of California-based tech company Real Capital Markets (RCM) to LightBox

    We represented C-III Capital Partners, a fully-diversified asset management and commercial real estate services company, in its sale of California-based...
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    Client Type: Private Company
  • We represented nutritional supplement manufacturing company, Natural Alternatives International, Inc. (Nasdaq: NAII), in a Federal Circuit Court of Appeals case in which our client had brought claims against rival Creative Compounds LLC, accusing Creative Compounds of infringing six of its patents covering various forms of beta-alanine and its use as a muscle-building supplement.  The Southern District of California had dismissed the suit, finding the patent claims to be directed toward a product of nature (beta-alanine) and a law of nature (that taking beta-alanine in sufficient quantities builds muscle) and thus patent-ineligible.  On appeal, a split panel sided with our client, finding the district court applied too broadly the ineligibility doctrine of the “Alice/Mayo test” and that, although beta-alanine itself can occur as a natural substance, the claims containing beta-alanine as one aspect covered more than an unpatentable natural law.

    Law360 provided analysis of the case in the article “Fed. Circ. Clarifies Alice In Reviving Supplement Co.’s IP Suit,” published on March 15, 2019.

    We represented nutritional supplement manufacturing company, Natural Alternatives International, Inc. (Nasdaq: NAII), in a Federal Circuit Court of Appeals case...
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    Client Type: Public Company
  • Represented Genesco in its sale of Lids its hat-focused division

    We represented Genesco, Inc. (NYSE: GCO) in its sale of Lids Sports Group to FanzzLids Holdings in an all-cash transaction...
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    Client Type: Public Company
  • Represent the Nashville Soccer Club on sponsorship, corporate, intellectual property, media and event license matters

    We represent the Nashville Soccer Club, which began playing USL matches in early 2018, on sponsorship, corporate, intellectual property, media...
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    Client Type: Private Company
  • Represented Life Technologies Corp. in a Federal Circuit Appeal stemming from a 2017 Patent Trial and Appeal Board (PTAB) decision in a covered business method proceeding (CBM). Michael Kiklis represented Life Technologies in two covered business method proceedings: one was filed in 2014 and the other was filed in 2015. Life Technologies prevailed in both proceedings with the PTAB finding that all challenged claims of Unisone Strategic IP Inc.’s inventory management patent recited ineligible subject matter pursuant to 35 U.S.C. § 101. This appeal involved the second CBM. Unisone chose not to appeal the first CBM. The Federal Circuit heard oral argument on December 4, 2018, and then affirmed the PTAB’s decision less than one week later.

    We represented Life Technologies Corp. in a Federal Circuit Appeal stemming from a 2017 Patent Trial and Appeal Board (PTAB)...
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    Client Type: Private Company
  • Serve as outside counsel for GameOn, Inc. on its content distribution and technology deals

    We serve as outside counsel for GameOn, Inc., a San Francisco-based leading developer of chat applications, on its content distribution...
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    Client Type: Private Company
Martha B. Allard
Counsel
Jaime L. Barwig
Associate
Robert L. Brewer
Member
Timothy J. Browne
Member
Emily A. Burrows
Associate
Curtis Capeling
Member
Shu Chen, Ph.D.
Associate
Terry L. Clark
Member
Stefanie Colletier
Associate
Alexandria Wood Davenport
Associate
Chelsea L. Harrison
Associate
Johnathan D. Holbrook
Associate
Brian R. Iverson
Member
Michael L. Kiklis
Member
R. Davis Mello
Associate
Paige Waldrop Mills
Member
R. Gregory Parker
Member
Juhi Kaveeshvar Patel
Attorney
G. Scott Thomas
Member
Shelley R. Thomas
Member
Rodrigo N. Valle
Associate
Janelle D. Waack
Member
Kathryn Hannen Walker
Member
Matthew D. Zapadka
Associate