Intellectual Property Law

Smith & Hopen is an intellectual property boutique law firm. We practice patent, trademark and copyright law exclusively throughout the United States and globally. All attorneys at Smith & Hopen are registered to practice before the United States Patent & Trademark Office and conduct prosecution, litigation and appeals. We practice before the Federal Circuit Court of Appeals, the U.S. Patent Trial and Appeal Board and the U.S. Trademark Trial and Appeal Board. Our office has secured thousands of patents and trademarks both domestic and foreign.

Institutional Clients

Success Stories

Federal Circuit Win

Reversed PTAB finding of obviousness of wireless patent challenged by Apple, Inc. in IPR proceeding. Precedent opinion DSS Tech. Mgmt. v. Apple, Inc. 16-2523 (Fed. Cir. 2018).

IPR Denial of Institution

PTAB denied institution of a trial (IPR201500569).  Smith & Hopen wrote, prosecuted and defended the patent before the PTAB.  The same patent was also found infringed by a jury in Tampa and awarded a multi-million dollar verdict.

First Ever CBM Denial

Successfully defended US Patent RE43904 against a Covered Business Method Review before the U.S. Patent Trial and Appeal Board.

$70 m Patent Award

U.S. Court of Federal Claims found that the United States Army infringed on U.S. Pat. 7,748,325 (authored by S&H) for a Firearms Projectile

IP News and Strategies

GASPARILLA trademark incites a battle between pirates and mermaids
This is an epic tale of the battle over the stolen GASPARILLA trademark. If you are not from the Tampa Bay, chances are you’ve never heard the word “Gasparilla.” However, for …
Can I Patent My Recipe?
One of the most common questions we receive is whether a recipe can receive patent protection. As with most legal questions, the answer falls in a gray area of “It depends!” …
Board Certification in Intellectual Property
Both Anton Hopen and Andriy Lytvyn are board certified in Intellectual Property Law by the Florida Bar. Board certified attorneys are the only lawyers allowed to use the terms specialist, or …
Protecting your brand on Amazon
Protecting your brand on Amazon could be one of the most important things you do as a brand owner. As many Amazon seller know, it can be difficult to protect your …
China Trade Deal Impact on IP
On Wednesday, January 15, 2020, the U.S. and China signed a partial trade deal deemed “Phase One.” Phase One includes a significant focus on Intellectual Property, which is addressed in Chapter …
Trademark Specimens and Branding
Improper branding can lead to invalid trademark specimens and a loss of registration rights. Trademark applications, renewals and declarations of continued use require the trademark applicant or owner to submit evidence …


IP News and Strategies