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

Private Sales Invoke AIA "On Sale" Bar to Patentability

Paul Murty, Smith & Hopen, PA ( 1/22/2019) On January 22, 2019, the Supreme Court unanimously decided that private sales of inventions invoke the on sale bar to patentability of 35 U.S.C. § 102 (post-America Invents Act, or AIA). See Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 586 U.S. __ (2019). Prior to the passa... read full article

Smith Hopen Partner Andriy Lytvyn Board Certified

Anton Hopen, Smith & Hopen, PA ( 12/6/2018) Andriy Lytvyn earned his board certification in Intellectual Property Law by the Florida Bar this year. He is one of only 141 attorneys currently holding this certification. According to the Florida Bar, board certification recognizes attorneys’ special knowledge, skills and proficienc... read full article

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

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
10197706 2/5/2019	The Florida State University Research Foundation, Inc.	a system and method for sub-seasonal forecasts of extreme weather events in winter
10,200,344 2/5/2019	Syniverse Technologies, LLC	a GTP firewall for 3G GSM, 4G LTE and interoperability between 3G and 4G signaling data
10,200,852 2/5/2019	Syniverse Technologies, LLC	a method and system of enabling roaming services in a data-only network to a user equipment requiring a dual attachment to packet and circuit switched networks
10,196,612 2/5/2019	University of South Florida	a method of characterizing and manipulating adipose stem cell depots to a metabolically healthy state
10,196,269 2/5/2019	The Florida State University Research Foundation, Inc.	manufacturing of macroscopic nanomaterials using fluid under elevated temperature and pressure
10,198,402 2/5/2019	University of South Florida	a magnetic coprocessor and method of use
10,190,805 1/29/2019	UMA Distributors, LLC	an easy-opening solar collector having temperature-responsive mount for polymer absorber
10,188,400 1/29/2019	University of South Florida	an intraluminal occluding catheter
10,190,839 1/29/2019	Darryl S. Lee	a firearm barrel alignment guide
10,182,871 1/22/2019	JointPoint, Inc.	systems and methods for intra-operative image acquisition and calibration
10,186,392 1/22/2019	The Florida State University Research Foundation, Inc.	ultrafast electromechanical disconnect switch
10,179,146 1/15/2019	University of South Florida	compositions and methods for mitigating drug resistant bacteria

View more patents.

Recently Issued Trademarks

Registration	Mark	Registrant
5,673,056 2/12/2019	INNOVATIVE FOODSERVICE DESIGN TEAM for interior design services, namely, foodservice and hospitality planning and design	Louis Wohl & Sons, Inc..
5,673,504 2/12/2019	VERTEBRAE for environmental sampling and remediation device, namely, injection well strings comprised of pipes for use in soil and ground water remediation	EN RxChemical, Inc..
5,673,899 2/12/2019	IN TOUCH for touch screens	In Touch Electronics, LLC.
5,671,547 2/5/2019	STORZEM for mesh net for storing objects	Walker Sports Innovations, LLC.
5,665,863 1/29/2019	NeuronaStem for nutritional supplements	Biogenetix, LLC.
5,647,347 1/8/2019	EXPOSURE MAGIC for cleaning, polishing, and scouring preparations for exposing plaster on swimming pools and spas	Jack's Magic Products, Inc..
5,648,733 1/8/2019	"N' Logo for restaurant and bar services, including restaurant carryout services; restaurant and catering services	Social Holdings, LLC.
5,651,618 1/8/2019	GLORIA GO for a series of books and written articles in the field of romance	4Incentive, Inc..
5,643,458 1/1/2019	KETOWELL for medicated shampoos, sprays and pre-moistened wipes for treating animal skin infections, irritations and conditions	Holden2, LLC.
5,643,192 1/1/2019	PRONINE for nutritional supplements for pets, namely, a probiotic composition for dogs and cats	Holden2, LLC.
5,632,269 12/18/2018	Hog Head Design Logo for catering services, restaurant services, including sit-down service of food and take-out restaurant services	Holy Hog Barbecue, Inc..
5,632,268 12/18/2018	HOLY HOG for catering services, restaurant services, including sit-down service of food and take-out restaurant services	Holy Hog Barbecue, Inc..
5,632,565 12/18/2018	FITCRUNCH for shaker bottles sold empty	Pervine Foods, LLC.

More trademarks issued through Smith & Hopen