Editorial: Patents in Georgia
01 April 2007
This chapter identifies 15 leading practitioners from nine firms. We have focused our research on pre-eminent patent litigators – excluding, where possible, patent attorneys (or patent agents).
King & Spalding LLP offers both quality and quantity of counsel, with four practitioners making it into the listing. Anthony Askew, who joined the firm in 2006 from Kilpatrick Stockton LLP as part of the firm’s expansion of its intellectual property practice, brings a “sterling reputation for patents work”. He has tried cases in diverse and technically complex areas, including electrical and mechanical engineering. He is also well versed in handling pharmaceutical cases, counting major pharmaceutical companies among his clients. Holmes Hawkins is a “highly skilled IP practitioner”. Hawkins specialises in the litigation and trial of patent infringement cases, representing both plaintiffs and defendants. Peers “could not have more respect for” of counsel Joseph Bankoff, who successfully represented Coca-Cola against Pepsi-Cola in a patent infringement case and served as lead trial counsel for Scientific-Atlanta in patent infringement suits, which took him before single and multi-district courts around the country and before the International Trade Commission. The “extremely good” Bruce Baber draws the firm’s listing to a close. Working from both the Atlanta and New York offices, Baber represents both domestic and foreign clients in patent litigation. Known for his work on the trademark side, Baber is also listed in the corresponding chapter of this publication.
Kilpatrick Stockton LLP is represented by three partners from its intellectual property practice, chaired by John Pratt, whose expertise in patent prosecution matters was mentioned by sources. Pratt has been appointed by the federal court as a special master to handle infringement cases and was described as having “a clear head and sound judgement”. Representative clients include the Atlanta-based carpet manufacturer, Interface and family-owned business Lee Valley Tools. Mitchell Stockwell focuses his practice on patent infringement cases and is “one of the best for tricky infringement matters”. Jim Ewing is “a one-stop shop” for patent portfolio prosecution and management and patent litigation, whose clients include Smith&Nephew, Rock Tenn, Earthlink and BellSouth.
Alston & Bird LLP also has three practitioners listed. Martin Elgison is the founder of Alston & Bird’s intellectual property practice, the co-coordinator of the firm’s seven intellectual property practice groups, the leader of the intellectual property-transactional group and a member of the firm’s intellectual property litigation group. Within this broad practice Elgison deals with patent portfolio management and litigation with “consummate skill” – his wider IP knowledge gains him a listing in the trademarks chapter. Co-chair of the firm’s intellectual property litigation group Frank Smith has a “very well regarded” patent litigation practice. Patrick Flinn was described to researchers as “excellent” for high-technology patent litigations. Among his clients are such recognisable names as Nokia, T-Mobile, Time Warner Cable, AOL and Scientific-Atlanta.
William Needle from Needle & Rosenberg PC received the most nominations in this chapter. Needle founded the intellectual property boutique in Atlanta in 1983, expanding in January 2006 through the opening of an office in San Diego. One of three practitioners who lead in both the patent and trademark chapters, Needle is considered one of the “elder statesmen of the Atlanta patent bar”. He served as a special assistant attorney general to the State of Georgia, covering intellectual property law issues, for the majority of his career and has been appointed to serve as a special master by US district court judges in patent infringement cases wherein his recommendations on validity, infringement and damages in two actions were affirmed by the federal circuit Court of Appeals. Needle also serves as a mediator or arbitrator in complex intellectual property disputes and has acted as expert witness in patent infringement actions.
Morris Manning & Martin LLP first opened its doors in 1976 and has since grown from eight attorneys to over 160. John Harris is said to have an “excellent practice”, focused on clients within the electronics and computer industries. His time spent as a computer system design engineer stands him in good stead for handling technically complex matters.
William Long from Sutherland Asbill & Brennan LLP “commands respect” from clients and peers alike. Long, like Harris, has a particular specialty in computer systems and related technology, with a background as a design engineer. He is both a registered patent attorney and licensed professional engineer.
Troutman Sanders LLP is home to Douglas Salyers, who was described as “a notable adversary” in patent litigation. Representative clients come from a broad range of industries and include manufacturers of medical devices, steelmaking equipment companies, healthcare software owners, videoconferencing companies as well as individual patent owners.
Thomas Kayden Horstemeyer & Risley LLP practices exclusively in intellectual property law. Jeffrey Kuester is a founding partner, who specialises in patent preparation and prosecution in the electrical, computer, and telecommunications areas. He is also leader of the computer engineering practice group, having worked for IBM and Georgia Power Company before beginning his legal career.
“Top notch” Dale Lischer from Smith Gambrell & Russell LLP is the final attorney selected for this chapter. His practice includes both the litigation and prosecution of patent matters in a wide variety of areas. He has litigated matters relating to nuclear fuel cells, golf clubs, concrete building modules and spinal orthosis. Lischer’s patent prosecution practice focuses on inventions in the electronics, telecommunications and computer software industries.
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