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.

News & Updates

Smith Hopen Partner Andriy Lytvyn Board Certified

, Smith & Hopen, PA ( ) 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

, Smith & Hopen, PA ( ) 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

, Smith & Hopen, PA ( ) 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)

, Smith & Hopen, PA ( ) 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

, Smith & Hopen, PA ( ) 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

, Smith & Hopen, PA ( ) 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

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Representative Clients

Recently Awarded Patents

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Recently Issued Trademarks

Registration Mark Registrant
IBEXX for heat pumps for swimming pools AquaComfort Solutions, LLC.
FLORIDA CYBERHUB for education services, namely, providing training in the form of online courses and seminars in the field of cyber security; providing online non-downloadable course, in the field of cyber security featuring training exercises in securing computing platforms University of South Florida.
UNICORN IQ for training courses in strategic planning relating to advertising, promotion, marketing and business Unicorn Innovations, LLC.
55 RESORT for leasing of apartments, management of apartments, rental of apartments L3 Development LLC.
55 RESORT for leasing of apartments, management of apartments, rental of apartments L3 Development LLC.
C-Shaped Design for cufflinks Casual Cufflinks LLC.
VERIFUME for downloadable mobile applications for managing pest control services Verifume Corp..
Design Logo for distributorship services in the field of foodservice equipment and supplies; on-line retail store services featuring foodservice equipment and supplies; on-line wholesale store services featuring foodservice equipment and supplies; providing showrooms for the goods of others in the field of restaurant and foodservice equipment and supplies Louis Wohl & Sons, Inc..
HANDS ACROSS TAMPA BAY for charitable fundraising Julie Weintraub's Hands Across the Bay Inc..
INTRANS-IT for computer application software for handheld computers, namely, software for use in product delivery verification and signature recapture Dynavistics, Inc..
VPAY 360 for electronic processing of insurance claims and payment data exclusively between financial institutions, merchants, and insurance companies, the foregoing excluding banking services VPay, Inc..
Design Logo for Interior design services, namely, foodservice and hospitality planning and design and On-line retail store services featuring foodservice equipment and supplies; On-line wholesale store services featuring foodservice equipment and supplies Louis Wohl & Sons, Inc..
MERMOSA for wine Celestine Blu, LLC.
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