Our primary focus is patents and other forms of intellectual property.
Patents encourage early disclosure of new technologies to the public in exchange for 20 years of exclusivity. They help support commercialization of new technologies by keeping competitors at bay during the life of the patents. Once a patent expires, the information it discloses is available for everyone to use and to inspire development of other improved or entirely new patentable ideas.
This "exchange" or quid pro quo is the genius of our patent system. It has had an enormous net positive impact on the advancement of civilization as a whole. An almost infinite variety of extraordinary advances in medicine, food, pharmaceuticals, chemicals, processes, products, machines, computers, biology, and in virtually every other aspect of life stem largely from information brought forward in patent disclosures as incentivized by the prospect of exclusivity.
The patent system has an amazing way of pulling both itself and society as a whole forward by encouraging continued emergence and evolution of new technologies. It is truly a win-win scenario for innovators and the public at large.
We are definitely "pro patent." We help people and companies use and benefit from US and overseas patent systems to secure patent protection for their new products and technologies. For patent application work, a pre-filing search is often recommended, and can range from about $1,000 to $2,500, depending on many factors. A patent application itself can range from about $3,000 to $7,500, again, depending on the situation.
Besides searching and writing/filing patents, we provide many other patent-related services. These include, for example, infringement opinions, validity opinions, patent subject matter audits, patent valuations, due diligence, license and other agreements involving patents, and a host of other patent-related matters. Costs for these services vary, and typical ranges of fees/expenses for these and other matters can be supplied.
Below is a small sampling of the hundreds of patents we have written and/or prosecuted, broken down in various arts:
CHEMICAL/BIO (PATENT No., TITLE, ISSUE DATE)
4,879,351 Isomerized Terpene Tackifier Resins Nov. 7, 1989
4,938,785 Gas-Liquid Separation Jul. 3, 1990
5,057,294 Recovery and Regeneration of Spent MHD Seed Material by the
Formate Process Oct. 15, 1991
5,457,175 Low Softening Point Terpene-Phenol Resins Oct. 10, 1995
5,597,650 Conjugate carpet face yarn Jan 28, 1997
5,693,731 Polymerization of Dicyclopentadiene Dec. 2, 1997
5,840,581 Process for Somatic Embryogenesis of Sweetgum Nov. 24, 1998
5,844,071 Ink Compositions Dec. 1, 1998
5,959,010 Particleized Resin Having Improved Properties and Method of
Producing Same Sep. 28,, 1999
6,072,009 Methods for Vulcanizing Elastomers Using Monomeric Distillate By-
Product Jun. 6, 2000
6,252,135 Production of Syringyl Lignin In Gymnosperms Jun. 26, 2001
6,297,327 Elastomeric composition using monomeric distillate by-product Oct. 02, 2001
ENVIRONMENTAL (PATENT No., TITLE, ISSUE DATE)
4,727,031 Nutrient for Stimulating Aerobic Bacteria Feb. 23, 1988
4,747,728 Method for Distributing an Aqueous Solution Containing A Peroxygen
in Clay May 31, 1988
4,751,063 Process for Treating Spent Catalyst Including Antimony Halides From
Chlorofluorocarbon Production Jun. 14, 1988
4,925,389 Method and Apparatus for Treating Waste Containing Organic
Contaminants May 15, 1990
5,059,406 Desulfurization Process Oct. 22, 1991
6,146,104 Groundwater Recovery System Incorporating A Combination of
Pressure and Vacuum to Accomplish Removal of Groundwater Fluids
From a Downhole Pump Nov. 14, 2000
6,561,733 Method and Apparatus for Treating Landfills May 13, 2003
8,173,743 Silicone Resin Composition May 8, 2012
GENERAL/MECHANICAL (PATENT No., TITLE, ISSUE DATE)
4,889,445 Expansion Joint for Settable Compositions Dec. 26, 1989
4,955,242 Conveyor Belt Cross-Stream Sampling System and Associated Method Sep. 11, 1990
4,756,392 Stainless Steel Brake Rotor for Airplane Disk Brakes Jul. 12, 1988
4,819,886 Rotary Hammer Mill for Breaking Stone and Similar Material Apr. 11, 1989
5,336,141 Exercise Machine for Stimulating Perambulatory Movement Aug. 9 ,1994
5,456,739 Process for Reclaiming Aluminum from waste Paper and Packaging Oct. 10, 1995
5,505,096 Particulate Material Sampling Apparatus Apr. 9, 1996
MEDICAL/PHARMACEUTICAL (PATENT No., TITLE, ISSUE DATE)
RE 35,070 Root Canal Filling Device Including Releasably Reusable Inserter Tool Oct. 24, 1995
4,976,717 Uterine Retractor for an Abdominal Hysterectomy and Method of its Use Dec. 11, 1990
5,067,900 Apparatus and Method for Applying Gutta-Percha to a Carrier Nov. 26, 1991
5,104,316 Endodontic Instrument Apr. 14, 1992
7,806,690 Endodontic Instrument for Performing Root Canal Therapy Oct. 5, 2010
7,553,856 Crystalline Form of Omeprazole Jun. 30, 2009
7,632,843 Treatment of Psychostimulant Addiction Dec. 15, 2009
7,655,437 Synthetic Gene Coding for Human Granulocyte-Colony Stimulating
Factor for the Expression in E-Coli Feb. 2, 2010
7,834,176 Polymorph E of Olanzapine and Preparation of Anhydrous Non- Solvated Crystalline Polymorphic Form I of 2-methyl-4(4-methyl-1-piperazinyl)-10H-thieno[2,3-b][1,5] Benzodiazepine (Olanzapine Form
I) From the Polymorphic Olanzapine Form E Nov. 16, 2010
7,875,723 S-Omeprazole Magnesium Jan. 25, 2011
7,906,109 Pharmaceutical Composition Comprising an Active Principal and Sulphobetaine Mar. 15, 2011
7,943,585 Extended Release Antibiotic Composition May 17, 2011
8,053,444 Sirolimus Formulation Nov. 8, 2011
PAPER/PAPERMAKING/PRINTING (PATENT No., TITLE, ISSUE DATE)
4,755,259 Process for Papermaking Jul. 5, 1988
4,959,124 Method of Bleaching Kraft Pulp in A DZED Sequence Sep. 25, 1990
5,012,750 Apparatus for Recovery of Constituents and Heat from Fluidized Bed
Combustion May 7, 1991
5,017,416 Paper for Use in Ion Deposition Printing May 21, 1991
5,250,348 Improved Wrapper Paper for Use in Very Low Contact Pressure Applications Oct. 5, 1993
5,338,404 Method of Forming a Lignin Reinforced Cellulosic Product Aug 16, 1994
5,382,649 Thermoplastic Polyester-Imides from Trimellitic Acid, Propanediphenol and an Aromatic Diamine which have Improved Mechanical Properties, Their Preparation and Their Use. Jan. 17, 1995
5,389,201 Bleaching of Kraft Cellulosic Pulp Employing Ozone and R educed
Consumption of Chlorine Containing Bleaching Agent Feb. 14, 1995
5,417,810 Papermachine Headbox Cleaning System May 23, 1995
5,670,020 Foam Separation Method For Reducing AOX, COD, and Color Bodies of Kraft Pulp Bleach Plant Effluents Sep. 30, 1997
5,792,316 Bleaching Process for Kraft Pulp Employing High Consistency Chlorinated Pulp Treated with Gaseous Chlorine and Ozone Aug. 11, 1998
5,911,853 Method for Treating Paper Mill Condensate to Reduce the Amount of
Sulfur Compounds Therein Jun. 15, 1999
6,221,798 Method for Producing Laminated Webs Apr. 1, 2001
6,475,447 Apparatus and Method for Treating Sesquisulfate Waste Streams Nov. 5, 2002
6,656,401 Method for Extrusion Coating Multiple Webs Dec. 2, 2003
6,802,938 Low Density Paper and Paperboard Articles Oct. 12, 2004
7,281,360 Thermal Laminates and Laminating Method of Food Packaging Films Oct. 16, 2007
7,482,046 Cut Resistant Paper and Paper Articles and Method for Making Same Jan. 27, 2009
Litigation of government and common-law conferred patent/trademark rights is the ultimate “proving ground” for such rights. In the realm of IP litigation, clients benefit optimally when lead trial counsel is able to approach such disputes from the combined perspectives of an experienced IP prosecutor and a trial attorney who is effective in a courtroom environment.
Throughout his 35-year career, Mr. Graham has successfully handled many IP disputes before state, federal, and appellate courts across the country, as well as patent/trademark matters before administrative trial and appellate courts and tribunals. His substantial time “in the trenches” as a patent/trademark practitioner in hundreds of prosecutions before the USPTO and overseas agencies contributes significantly to his unique perspective and effectiveness in handling patent, trademark and other intellectual property disputes and litigations for clients.
The following are exemplary IP litigation matters handled by Mr. Graham as lead counsel. If available, copies of substantive decisions will be provided upon request.
Cutting Edge Inc. V. Tulsa Dental Products, et al., USDC EDTN-Chattanooga,
1:91-CV-00286, patent infringement matter settled favorably for Plaintiff after discovery and dispositive motion practice.
American Bictech v. KV33 Corporation, USDC EDTN-Greenville, 2-93-cv-00015, patent infringement matter settled favorably for Plaintiff after discovery and dispositive motion practice.
Macawber Engineering v. Simon-Macawber, Ltd., et al., USDC EDTN-Knoxville, 3:94-cv-00111, patent infringement matter settled favorably for Plaintiff after discovery and dispositive motion practice.
Standard Register Corp. v. International Paper Company, USPTO BPAI Patent Interference Trial, USPN 5,017,416, matter settled favorably for Junior Party after discovery and dispositive motion practice.
LSI Industries, Inc. v. Plasti-line, Inc., American Sign and Marketing Services, Inc., et al., USDC ED KY-Covington, 2:98-CV-00045-WOB-JGW, patent infringement-DJ Action settled favorably for Defendant Counter-Plaintiff (owner of asserted patents) after discovery and dispositive motion practice.
LSI Industries, Inc. v. ImagePoint, Inc., et al., USDC ED KY-Covington, 2:00-CV-00197-DCR-JGW, patent infringement-DJ Action settled favorably for Defendant Counter-Plaintiff (owner of asserted patents) after discovery and dispositive motion practice (consolidated with 00045).
Sevenson Environmental Serv. v. Shaw Environmental, et al., USDC WDNY-Buffalo, 1:02-cv-00527-RJA-HBS, patent infringement, decision for Defendant after discovery and dispositive motion practice, af rmed, Sevenson Environmental Serv. v. Shaw Environmental, et al., 477 F. 3d 1361 (Fed. Cir. 2007).
Bryce Thermal Finishing Films v. General Binding Corp., USDC WD TN-Memphis, 2:02-cv-02620, patent infringement-DJ Action settled favorably for Plaintiff after discovery and dispositive motion practice.
Lifetime Products, Inc. v. Maxchief Investments Ltd, et al., USDC CD Cal-Santa Ana, 8:02-cv-00350-GLT-AN, patent infringement, decision for Defendant after discovery and dispositive motion practice.
Grendene S.A. v. Wanted Shoes, Inc., 2:03-cv-00534-KSH, USDC D New Jersey-Newark, patent infringement, trade dress matter settled favorably for Plaintiff on motion for Preliminary Injunction and related motion practice.
Newell Et Al v. Nagl Manufacturing Co et al., USDC New Jersey-Newark, 2:04-cv-01875-SDW-MCA, patent infringement action settled favorably for Defendants after discovery and dispositive motion practice.
Andon Brush Company, Inc. v. Nagl Manufacturing Co. et al., USDC New Jersey-Newark, 2-04-cv-01220-SDW-MCA, patent infringement action settled favorably for Defendants after discovery and dispositive motion practice (consolidated with 01875).
Danimer Scienti c, LLC v. Metabolix, Inc., USDC MD GA1:10-cv-00102-WLS, USDC MD Ga-Albany, patent infringement-DJ Action settled favorably for Plaintiff after discovery and dispositive motion practice.
Metabolix, Inc., et al. v. International Paper Company, USDC D Mass, 1:10-cv-11176-NMG, patent infringement action settled favorably for Defendant after discovery and dispositive motion practice.
Medical Dental Advanced Technologies Group LLC v. Technologiy4Medicine LLC, USDC D. Arizona-Phoenix, 2:12-cv-01761-GMS, patent infringement matter settled favorably for Plaintiff.
BTG International Ltd., et al. v. Actavis Laboratories FL, Inc., et al., USDC D New Jersey-Newark, 2:15-cv-05909-KM-JBC, Hatch Waxman patent infringement, pending (Client has temporarily withdrawn ANDA).
Symed Labs Limited et al. v. Roxane Laboratories, Inc., USDC D New Jersey-Newark, 2-15-cv-08304-CCC-MF, patent infringement, pending.
Symed Labs Limited et al. v. Glenmark Pharmaceuticals Inc., USA, USDC D New Jersey-Newark, 2-15-cv-08306-CCC-MF, patent infringement, pending
(consolidated for discovery with 08304).
Symed Labs Limited et al. Amneal Pharmaceuticals LLC, USDC D New Jersey-Newark, 2-15-cv-08307-CCC-MF, patent infringement, pending (consolidated for discovery with 08304).
Dean v. G & G Ceramics, USDC ED TN-Knoxville, 3:86-cv-00789, copyright infringement, trial Judgement for Defendant.
Worsley Restaurants, Inc. v. Speedy’s Hamburgers, Inc., USDC ED TN-Greenville, 2:90-cv-265, trademark infringement, prevailed for Defendant after discovery on dispositive motion practice. Worsley Restaurants, Inc. v. Speedy's Hamburgers, Inc., 783 F. Supp. 347 (E.D. Tenn. 1991).
University of Tennessee v. United Technologies Corp., TTAB Opposition No. 91077564, Judgement for Plaintiff
Pro Golf of America, Inc. v. Knoxville Pro Golf Discount House, Inc., USDC ED TN-Knoxville, 1991, settled favorably for Plaintiff after discovery and dispositive motions.
Ward Canaday dba American Senepol Breeders Association v. North American Senepol Breeders Association, USDC D VI-St. Croix, 1991, trademark infringement, settled favorably for Defendant on Summary Judgement Motion.
Shawnee Milling Co. v. Morrison Inc., TTAB Opposition No. 91079318, Trial Judgement for Defendant, af rmed by Federal Circuit March 12, 1992.
Schafer Co. v. Innco Management Corp., USDC EDNC-Fayetteville, No. 91-37-CIV-3-BR, trademark infringement, Judgement for Defendant on Summary Judgement, Schafer Co. v. Innco Management Corp., 797 F. Supp. 477 (ED NC 1992). Affrmed, Schafer Co. v. Innco Management Corp., 995 F.2d 1064 (4th Cir. 1993).
Brenton Production Enterprises Inc. and Cinetel Productions, Division of Bagwell Communications Inc. v. Motion Media Inc., USDC ED TN-Knoxville, 3:92-cv-00718, trademark infringement, Trial Judgement for DJ Plaintiffs, Counter-Defendants, affrmed on appeal by USCA Sixth Circuit, Appeal No. 96-6044, USCA, Opinion Entered September 30, 1997.
Morrison Restaurants v. Komas, et al, W.D. Mo.-Spring eld, 6:93-CV-03004-RGC, Prevailed for Plaintiff on motion for preliminary injunction.
Ingersoll-Dresser Pump Co. v. Worthington de Mexico, S.A. de C.V., TTAB Opposition No. 91098377, Summary Judgement for Defendant April 4, 1997.
Goodson Bros Coffee v. Dart Container Corp., USDC ED TN-Greenville 3:97-cv-00259, trademark infringement, prevailed for Plaintiff on motion for Preliminary Injunction.
Travis Meats v. Travis Boats & Motors, et al, USDC ED TN-Knoxville, 3:98-cv-00777, trademark infringement, prevailed for Plaintiff on motion for Preliminary Injunction.
University of Tennessee v. McMillan Clothing Co., USDC ED TN-Knoxville, 3:98-cv-00209, trademark infringement, successfully settled for Plaintiff.
University of Tennessee v. Zuniga, et al., USDC ED TN-Knoxville, 3:99-CV-00171, trademark infringement, settled favorably for Plaintiff in trial.
Mac Equipment Co. v. Michael F. Crawley, TTAB Opposition No. 91079318, Trial Judgement for Defendant May 25, 2000.
The Church of God v. Church of God of Prophecy, TTAB Opposition No. 91094180, Trial Judgement for Defendant May 18, 2000.
Church of God v. The Church of God, TTAB Opposition No. 91098057, Trial Judgement for Plaintiff January 9, 2001.
American Powersports Inc. v. Altus Fitness Products, et al., USDC ED TN-Knoxville, 3:03-cv-00328, trademark infringement, prevailed for Plaintiff with entry of Judgement on motion.
Goodson Bros. Coffee Co., Inc. v. Cafe Gourmet 2 Go, LLC et al., USDC ED TN-Knoxville, 3:07-cv-00132-TAV-CCS, trademark infringement, prevailed for Plaintiff with entry of Judgement on motion.
In re FF Acquisition Corp., USBC D Miss-Aberdeen, 05-16187-JDW, and associated adversary proceedings, including trademark infringement and other trademark-related claims, resolved favorably for client The Troxel Company and related entities.
Kenneth M. Seaton dba Grand Resort Hotel & Convention Center v. Surrey Vacation Resorts, Inc., USDC ED TN-Knoxville, 3:07-cv-00384-TAV-CCS, trademark infringement, prevailed for Plaintiff after discovery and dispositive motion practice.
Macawber Engineering, Inc. v. Roto-Disc Company, USDC ED TN-Knoxville,
3:06-cv-00050-TAV-HBG, trademark infringement, settled for Plaintiff with entry of consent judgement.
Vanderbilt University v. Vanderbilt Mortgage and Finance, Inc., TTAB Opposition No. 91183673 and Cancellation No. 92052890, Judgement for Defendant on dispositive motion after discovery, June 30, 2011.
Trademark law protects the goodwill that stands behind brands used for products and services.
We are able provide clearance searches for client brands and logos, focused on their availability for use and registration in the USPTO and overseas. Accompanying this is a concerted practice in brand development where we provide advice and best practices for developing strong and commercially powerful brands with the ability to be legally protected in key markets.
We are also able to file and prosecute trademark registration applications before the USPTO and overseas trademark offices, and to provide services related to maintenance of registrations for its clients’ trademarks in the US and abroad. As part of our trademark services, we defend our clients’ trademark applications and registrations in opposition, cancellation, and other adversarial proceedings before the USPTO’s Trademark Trial and Appeal Board and in overseas registration matters, in cooperation with foreign associate counsel.
We help clients with a variety of other trademark-related issues including negotiating and drafting license, consent, co-existence, and other agreements; and policing client trademarks against potential misuse and infringement by others, including provision of watch services that periodically screen Internet sites and records of the USPTO and overseas agencies for the presence of trademarks that may conflict with brands of strategic importance to our clients. This service also assesses the advisability of appropriate action to address encroachment of client marks.
Below are exemplary marks we have registered for clients.