Smith Hopen, Patent Attorneys - Tampa, St. Petersburg, Clearwater, Florida

Smith & Hopen represents clients world-wide in a practice limited exclusively to intellectual property law including patents, trademarks and related litigation. The firm is one of the largest IP practices in the State of Florida and represents clients ranging from independent inventors to Fortune 100 institutions. All attorneys at Smith & Hopen are registered to practice before the U.S. Patent & Trademark Office.

Anton Hopen

Board Certified, AV-Rated

Nicholas Pfeifer and Andriy Lytvyn

Ahead of oral arguments at the U.S. Federal Circuit on an IPR appeal.

Andriy Lytvyn

Interviewed by NBC on trademark law

News & Updates

New Guidelines May Help Patent Software

Anton Hopen, Smith & Hopen, PA ( 5/8/2018) The pendulum may have swung back to patenting software again. Since 2014 when the Supreme Court handed down its inscrutable ruling in Alice v. CLS Bank International, 134 S. Ct. 2347 (2014), the patentability of software and computer systems became a gray area of law. Some also felt that former US... read full article

Two recent Supreme Court decisions shape the scope of post-grant patent proceedings

Paul Murty, Smith & Hopen, PA ( 5/8/2018) On April 24, 2018, the Supreme Court announced opinions in two cases involving patent rights—Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, and SAS Institute, Inc. v. Iancu. The long-awaited Oil States opinion decided on the legality of inter partes reviews (IPRs); simila... read full article

New - USPTO Issues Guidance on Patent-Eligible Subject Matter (35 U.S.C. 101)

Paul Murty, Smith & Hopen, PA ( 4/20/2018) As many software-related inventors can attest, patent protection can be difficult to obtain for software applications. Most software-related patent applications are rejected by United States Patent and Trademark Office (USPTO) examiners, particularly under 35 U.S.C. § 101 – the statute th... read full article

Six Questions for Building a Brand

Nicholas Pfeifer, Smith & Hopen, PA ( 3/27/2018) 1. Is your brand already in use by another? When creating a brand, it is important to verify that there are no other similar brand names used in connection with similar goods/services. The existence of multiple brand names could cause consumer confusion and pote... read full article

Supreme Court and Patent Death Squad

Anton Hopen, Smith & Hopen, PA ( 11/28/2017) Inter Partes Review (IPR) is an administrative proceeding before the United States Patent & Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB). IPRs are generally an 18-month process in which a petitioner seeks invalidation of a patent based on prior publication (e.g., “prior ar... read full article

Track One Prioritized Patent Examination—Cut to the Front of the Line

Paul Murty, Smith & Hopen, PA ( 9/26/2017) Under a typical examination by the United States Patent and Trademark Office (USPTO), the process of receiving an issued patent can take several years. For example, the average time before receiving a first office action (communication on the merits of application) is about 18 months. Moreov... read full article

More News

Inter Partes Review

February 22, 2017: Smith & Hopen as counsel for Petitioner filed its Reply in a Federal Circuit Appeal against Apple Computer on two decisions by the Patent Trial and Appeal Board (PTAB). Petitioner argues that the PTAB found that prior art rendered Petitioner's patent invalid when even opposing counsel conceded a missing limitation was not met. Both sides are currently awaiting the schedule for oral arguments in Washington, D.C. to be set.
August 4, 2016: The Patent Trial and Appeal Board (PTAB) denied institution of a trial (IPR2016-00539 ) against patent number 7,748,325 for all claims asserted. Smith & Hopen prosecuted the original patent before the USPTO and defended the patent before the PTAB. The same patent was also found valid and infringed by the U.S. Court of Claims which awarded a verdict amounting to approximately $70 million over the life of the patent. This is the largest known patent award in Court of Claims history. The non-institution decision is final and non-appealable.
October 6, 2015: The Patent Trial and Appeal Board (PTAB) denied institution of a trial (IPR201500569 ) against patent number RE44748 for all claims asserted in a related litigation. Smith & Hopen wrote, prosecuted and defended the patent before the PTAB. The same patent was also found valid and infringed the same month by a jury in Tampa, Florida that awarded a multi-million dollar verdict.
March 4, 2015: The PTAB denied institution of a trial (IPR201401414 ) against patent number RE43904. Smith & Hopen both wrote the subject patent and represented the patent owner before the PTAB, opposing counsel: Kilpatrick Towsend & Stockton LLP.

First Ever CMB Denial

February 18, 2014: Defended US Patent RE43904 against a Covered Business Method Review before the U.S. Patent Trial and Appeal Board.
Obtained the first ever non-institution decision in history (CBM2013-00047)

Largest Court of Claims Patent Award

December 19, 2014: the U.S. Court of Federal Claims found that the United States Army infringed on U.S. Pat. 7,748,325 (written by Smith & Hopen) for a Firearms Projectile that replaces lead-based ammunition.
The court initially awarded the patent owner $15,617,533.68 in damages as of April 30, 2013.
With interest, that judgment should be in the $25m range by the end of 2015 and approximately $70,000,000 over the life of the patent (Court's Order).

Representative Clients

Recently Awarded Patents

Patent	Client	Invention
9,987,749 6/5/2018	University of Central Florida Research Foundation, Inc.	a control interface for robotic humanoid avatar system and related methods
9,989,078 6/5/2018	The Florida State University Research Foundation, Inc.	a swirling jet actuator for control of separated and mixing flow
9,983,209 5/29/2018	H. Lee Moffitt Cancer Center and Research Institute, Inc.	a method of diagnosing, treating and determining progression and survival of cancer cells using BCL-2 antagonist of cell death (BAD) pathway gene signature
9,981,126 5/29/2018	University of South Florida	a system and method for controlling the surface charge of a region of tissue
9,981,461 5/29/2018	CNG Storage Solutions, LLC	a storage vessel for compressed fluids
9,980,853 5/29/2018	The Regents of the University of Colorado, a Body Corporate	a non-invasive device for lowering intraocular pressure
9,976,068 5/22/2018	University of South Florida	a method of modulated exothermic chemical systems through phase change materials
9,977,026 5/22/2018	The Florida State University Research Foundation, Inc.	detection of elevated levels of phosphorylated MCM and method of increasing MCM phosphorylation capacity
9,976,343 5/22/2018	Wortec LLC	a storm shutter bracket and attachment system
9,968,378 5/15/2018	University of South Florida	an adaptation sphere saddle
9,968,948 5/15/2018	Black Shell Technologies, LLC	a counter-flow ore separator
9,968,557 5/15/2018	Florida A&M University	a method of preparing modified multilayered microstructures with enhanced oral bioavailability

View more patents.

Recently Issued Trademarks

Registration	Mark	Registrant
5,489,617 6/12/2018	SOUTHERN MUSCLE for clothing, namely, shirts, sweatshirts, tank-tops, and headbands	A & CJP Southern Muscle Nutrition LLC.
5,491,452 6/12/2018	MOMMY PLEASE for toys, namely, plastic food and children's play cosmetics	Her Pow, LLC.
5,491,040 6/12/2018	REINVENTING THE TACO for restaurant, bar and catering services	Pineapple Hospitality Group, LLC.
5,483,823 6/5/2018	SIMPLE SUPPRESSOR for Ammunition for firearms; Firearm attachments, namely, mounts for attaching accessories to a firearm; Firearms; Silencers for firearms	DBdrop Inc..
5,483,519 6/5/2018	MY SOCIAL SPA for Arranging, organizing, and conducting social entertainment events; instruction in the field of creating, crafting, and designing bath and beauty products	Neo Ventures LLC.
5,482,913 5/29/2018	CRE TRAINING PRO for educational services, namely, providing classes in the field of commercial real estate sales	CRE Training Pro, LLC.
5,477,254 5/22/2018	FIT CRUNCH for powdered protein supplements	Pervine Foods, LLC.
5,465,987 5/8/2018	THE MEDICARE LADY for insurance services, namely, insurance eligibility review and verification and consultation in the heath insurance industry	Darlene Swaffar.
5,456,515 5/1/2018	THE MOVEMENT SCHOOL for educational services, namely, conducting classes, seminars, and workshops in the field of physical development including movement training to enhance cognition and performance of basic life functions	Scott Malone.
5,450,919 4/24/2018	THE HITTING ACADEMY for providing baseball and softball-related training services, namely, baseball and softball lessons, batting cage training, instructional clinics in the field of baseball and softball, and organizing baseball and softball teams, namely, organizing sporting events in the national of baseball games	The Hitting Academy Franchise, LLC.
5,448,169 4/17/2018	DRIVETRAX for vehicle fleet monitoring services for safety purposes; Providing an on-line database and information clearinghouse for transportation companies and their fleet drivers to report instances of driver misconduct or poor driving, and for sharing of and follow-up on by interested parties	Iler Group, Inc..
5,442,439 4/10/2018	HECM FOR PURCHASE CERTIFIED for mortgage and banking services, namely, home equity conversion mortgage for purchase services	Reverse Mortgage Funding LLC.
5,443,567 4/10/2018	FLORIDA POLY for clothing, namely, blouses, bottoms, head wraps, hoods, infant and toddler one pieces, jackets, pants, shirts, shorts, ties and tops	Florida Polytechnic University.

More trademarks issued through Smith & Hopen