Patent Practitioners

We practice intellectual property law exclusively.  All attorneys and agents are registered to practice before the U.S. Patent & Trademark office.  The firm is AV-rated by Martindale Hubbell.  This is the highest possible rating for a law firm. Collectively, the firm has issued more than 1,500 patents and handles in excess of 1,200 federal trademark filings.  We are frequently called upon by other firms to take over complex trademark cases subject to appeal or presented before the Trademark Trial and Appeal Board at the U.S. Patent & Trademark Office. Our technical expertise ranges includes aerospace, medical devices, software, electronics, nanotechnology, chemistry, oncology, and other biotechnology fields. 

Attorney Details

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Anton Hopen is an Honors College graduate of the University of South Florida in Interdisciplinary Science and a graduate of the University of Florida College of Law where he received the Presidential Recognition Award for Outstanding Achievement.  Prior to his career in intellectual property law, he served as a felony criminal prosecutor for the 6th Judicial Circuit of Florida trying over fifty (50) jury trials to verdict as lead counsel. 
 
Mr. Hopen is admitted to practice before the U.S. Patent and Trademark Office, all U.S. District Courts in Florida, the Eleventh Circuit Court of Appeals, and the Court of Appeals for the Federal Circuit.    He is Board Certified in Intellectual Property Law by the Florida Bar.  Mr. Hopen has been recognized as an expert in intellectual property law by the Wall Street Journal and Money Magazine. 
 
Mr. Hopen is "AV" rated by Martindale-Hubble (highest possible rating).   He is experienced in patent prosecution, trademark registration, inter partes review before the Patent Trial and Appeal Board and contested cases before the Trademark Trial and Appeal Board.   

 


Andriy Lytvyn is a shareholder at Smith & Hopen.  He is a Board Certified Specialist in Intellectual Property Law.

Mr. Lytvyn received his J.D. from Boston University School of Law, where he held the position of article editor of the Journal of Science and Technology Law. Mr. Lytvyn earned a concentration in Intellectual Property Law by completing a wide array of specialized law courses including IP Law, Patent Law, Copyright Law, Trademarks & Unfair Competition, Patent Prosecution, IP Licensing, IP & the Internet, and International IP Law. Mr. Lytvyn graduated with honors from the University of Florida with B.S. degrees in Aerospace and Mechanical Engineering. His academic accomplishments were recognized with several prestigious scholarships including the Boeing Company Scholarship, Exxon Mobile Scholarship, and UF College of Engineering Dean's Scholarship.
 
Mr. Lytvyn is admitted to practice before the United States Patent and Trademark Office, the U.S. Court of Appeals for the Federal Circuit, and is a member of the Florida Bar.
 
Mr. Lytvyn specializes in areas of patent law pertaining to mechanical arts, aerospace technologies, software, and telecommunications. He has prosecuted over ninety issued United States utility patents and assisted foreign counsel with prosecution of numerous patents issued abroad. Mr. Lytvyn also specializes in post-grant proceedings before the Patent Trial and Appeal Board (PTAB) and has served as lead counsel for patent owners in a number of high-profile cases. His success in representing clients before the PTAB and the Federal Circuit includes the following cases:
 
       Outcome: Reversal of PTAB's invalidity finding. The case involved US Patent No. 6,218,290 asserted against Apple, Inc. for infringement of wireless communications technologies pertaining to Bluetooth peripherals. The Federal Circuit issued a precedential opinion fully reversing the PTAB's decisions in the underlying IPRs, thereby upholding validity of the '290 Patent.
 
CBM2013-00047, David W. Gillman v. StoneEagle Services, Inc.
       Outcome: Non-institution--validity of the patent preserved. First patent to have every claim survive a CBM review.

IPR2015-00569 & IPR2016-01414, Pay-Plus Solutions, Inc. v. StoneEagle Services, Inc.
       Outcome: Full non-institution in IPR2015-00569 and non-institution with respect to all claims asserted in litigation in IPR2016-01414. As a result of this win, StoneEagle was awarded a multi-million dollar verdict in the underlying litigation.

IPR2016-00539, Vista Outdoor Operations, LLC v. Liberty Ammunition, Inc.
       Outcome: Non-institution--validity of the patent preserved. In the underlying litigation, U.S. Court of Claims awarded a patent infringement verdict amounting to approximately $70 million over the life of the patent. This is the largest known patent infringement award in history.
 
IPR2014-01030, Taiwan Semiconductor Manufacturing Company, Ltd. v. DSS Technology Management, Inc.
       Outcome: Non-institution with respect to several claims. Settled during pendency of the Federal Circuit appeal.
 
IPR2014-01493, Samsung Electronics Co., LTD v. DSS Technology Management, Inc.
       Outcome: Non-institution with respect to several claims. Settled during pendency of the Federal Circuit appeal. Joined with IPR2014-01030.
 
 

  

Nicholas Pfeifer is a shareholder at Smith & Hopen. He represents universities, corporations, and independent inventors, both domestic and foreign, in all aspects of intellectual property law, including patents, trademarks, and copyrights. Although Mr. Pfeifer has particular expertise in the mechanical and aerospace engineering, his practice spans across a broad scope of technologies, including medical devices, biotechnology, and software.

Mr. Pfeifer is also part of the firm's litigation team, in which he advocates on behalf of clients in front of the Patent Trial and Appeal Board, the Trademark Trial and Appeal Board, and the Federal Circuit. Some notable cases include:

IPR2015-00369, Apple, Inc. v. DSS Technology Management, Inc.
       OutcomeThe PTAB erroneously found that the Patent was invalid, however, the Federal Circuit reversed the PTAB's finding.
 
IPR2015-00373, Apple, Inc. v. DSS Technology Management, Inc.
       OutcomeThe PTAB erroneously found that the Patent was invalid, however, the Federal Circuit reversed the PTAB's finding.

IPR2016-00539, Vista Outdoor Operations, LLC v. Liberty Ammunition, Inc.
       OutcomeNon-institution. Patent Owner awarded a verdict amounting to approximately $70 million over the life of the patent. This is the largest known patent infringement award in U.S. Court of Claims history.

DSS Technology Management, Inc. v. Apple Inc. (Fed. Cir. 2018)
Outcome: The Federal Circuit reversed the PTAB's finding that the Patent was invalid. The infringement case is still underway.
 
Mr. Pfeifer earned his Juris Doctor degree from the University of Florida Levin College of Law along with the Intellectual Property Law Certificate. In addition, Mr. Pfeifer worked as a patent examiner at the USPTO during a summer externship where he reviewed patent applications in the land vehicles art unit. During his time working as an examiner, Mr. Pfeifer received valuable insight into patent examination, and the teachings and mindset of patent examiners. 
 
Prior to earning his legal degree, Mr. Pfeifer earned a Bachelor of Science degree in Aerospace Engineering from the University of Florida. In addition, he worked in the Interdisciplinary Microsystems Group at the University of Florida gaining experience in the design, fabrication, simulation, and analysis of microsystems.
 
Mr. Pfeifer is admitted to practice law before the U.S. Patent and Trademark Office, the Court of Appeals for the Federal Circuit, and is a member of the Virginia bar.  

Javier Mixco, M.D.,  has experience helping clients with patent-related matters in the medical device, health device, life science, pharmaceutical, and chemical technology fields. He has experience counseling clients in making strategic plans for their intellectual property portfolios both domestically and internationally. Javier’s medical degree has been invaluable when helping clients bridge the gap between science and patent law.  While in law school, Javier served as the Editor-in-Chief of the Utah Law Review. He also served as a judicial extern for Justice Matthew B. Durrant on the Utah Supreme Court, and the Honorable Judge Dee Benson with the U.S. District Court for the District of Utah.

Educational Background
S.J. Quinney College of Law, University of Utah, J.D., 2012; Order of the Coif; Editor-in-Chief, Utah Law Review
Duke University School of Medicine, M.D., 2007
Harvard University, B.A., cum laude Biological Anthropology, 2000

Bar Admissions
Utah
U.S. District Court for the District of Utah
U.S. Patent & Trademark Office

Languages
Spanish 

Medical Device, Pharmaceutical, and Life Science Industries
Javier has experience in the medical device industry, in particular helping clients innovate endotracheal tubes, stents, venous filters, connectors, grafts, and catheters. Javier has also worked with clients that are developing new vascular access and endovascular technologies, stents and stent delivery systems, grafts, inflation systems, drug delivery systems, embolics, and orthopedic surgical technologies and techniques, vascular filters, needle systems, and antimicrobial and thromboresistant polymer coatings. 

In the pharmaceutical and life science industry, clients have benefited from Javier’s experience with various disease states and pathogens including fragile X mental retardation, melanoma, peripheral neuropathies, human respiratory syncytial virus, poliovirus, adenovirus, influenza virus H3N2, Bordetella pertussis, diabetes mellitus, and insulin resistance generally. In addition, Javier has specific experience prosecuting patents involving RNAi technology, nanoparticle mediated delivery systems, pharmacological treatments, biomarker diagnostics, gene therapies, fusion proteins, molecular glycosylation patterns, mitochondrial function, immunoglobulins including monoclonal and single domain camelid VHH antibodies, small-drug compound selection technologies, G-protein mediated binding, muscarinic acetylcholine receptor binding agents, opioid receptor binding agents, and antimicrobials including antihelminthics and nematocides.

Chemical, Agricultural, and Other Industries
Javier has experience with plant biomass enhancement, drought resistance, and productivity, and three-dimensional microenvironments for cell culture. He also has worked with clients that are innovating a wide range of mechanical and chemical systems and devices including mining equipment, wagering game devices, photoactive devices, semiconductors, LEDs, and miniature fluid atomizers.

Insights
Supremes Rule on Bilski. K. Chahine, J. Mixco. Nature Biotechnology 28, 767 (2010)
Selective gamma-aminobutyric acid type A receptor antagonism reverses isoflurane ischemic neuroprotection. Elsersy H, Mixco J, Sheng H, Pearlstein RD, Warner DS. Anesthesiology. 2006 Jul; 105(1):81-90. PMID: 16809998
Intraischemic nitrous oxide alters neither neurologic nor histologic outcome: a comparison with dizocilpine. Yokoo N, Sheng H, Mixco J, Homi HM, Pearlstein RD, Warner DS. Anesth Analg. 2004 Sep; 99(3):896-903. PMID: 15333428
Severe hypotension is not essential for isoflurane neuroprotection against forebrain ischemia in mice. Homi HM, Mixco JM, Sheng H, Grocott HP, Pearlstein RD, Warner DS. Anesthesiology. 2003 Nov; 99(5):1145-51. PMID: 14576552



Michele Lawson received her Juris Doctorate from the University of Akron School of Law.   She has a Bachelor of Science Degree in Biology from Otterbein College.  Ms. Lawson received a Master of Science in Biotechnology as well as a Master of Business Administration from the University of Florida.  While receiving her MS in Biotechnology, she worked as a graduate lab assistant in a pathology laboratory doing research on HIV and influenza. 

Ms. Lawson is a member of both the Ohio and Florida bars and is registered to practice before the United States Patent and Trademark Office.  She concentrates her practice in the areas of biotechnology and mechanical arts.


Paul Murty is an intellectual property attorney at Smith & Hopen. He represents universities, corporations, and independent inventors, both domestic and foreign, in all aspects of intellectual property, including patents, trademarks, and copyrights. Mr. Murty has expertise in several technological fields, including the mechanical, biotechnologies, electrical and computer science arts.

Mr. Murty earned both a Bachelor degree and and a Juris Doctorate degree from the University of Florida. While at the University of Florida Levin College of Law, he received several awards including Book Awards for obtaining the highest grade in Patent Prosecution & Drafting and in Entrepreneurship Law Practicum. 
 
Mr. Murty is a registered U.S. Patent and Trademark Attorney and a member of the Florida bar.  

Molly Sauter is a 1986 graduate of the University of South Florida in Electrical Engineering and a 1992 graduate of the University of South Florida, holding a Masters Degree in Business Administration. Ms. Sauter is admitted to practice before the United States Patent and Trademark Office.

Ms. Sauter has written and prosecuted patent applications with a primary concentration in engineering sciences, including complex communications technologies, electrical power distribution, environmental purification, and information systems.

 Ms. Sauter is based in Silicon Valley, California.  

Mr. McGaw is a former patent examiner with the U.S. Patent & Trademark Office.  He is a graduate of the University of Colorado and has a Masters of Science in Microbiology from Colorado State University.  Prior to his appointment at the U.S. Patent & Trademark Office, Mr. McGaw worked for Coors Brewing Company handling international trademark issues in foreign markets.

Mr. McGaw's practice includes an emphasis on biotechnology patent prosecution and sophisticated financial systems.  He works closely with major research institutions including Moffitt Cancer Center, the University of Colorado and Colorado State University. 

 Mr. McGaw is based in Denver, Colorado.


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