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Stephen Gardner

is a Partner in the Intellectual Property Group of Quarles & Brady, LLP. Steve focuses his practice on IP-related transactions and litigation. He works with both national and start-up companies, as well as research institutions and other IP owners to promote their technology through licensing and collaborative agreements and to maximize commercial value of their developments. When commercialization of IP assets is jeopardized through infringement, or IP agreements are breached, Mr. Gardner assists clients in a variety of enforcement efforts, including proceedings before numerous U.S. district courts and the U.S. Patent and Trademark Office.

For more information, or to contact Steve, please visit his firm profile page.

Recent Articles by Stephen Gardner

The China Initiative: Combating Economic Espionage and Trade Secret Exfiltration

Open innovation is a key ingredient to the development of valuable intellectual property. Research institutions, universities, and private businesses work in close collaboration with one another, sharing confidential business information, processes, and trade secrets in order to create content. But while open innovation is a boon to creativity it is also a vulnerable entry point for bad actors to exploit the open and collaborative mindset of research-focused institutions (like universities) or the faith in contractual confidentiality obligations that many companies rely upon to conduct business. Several recent U.S. government findings have placed the blame for some of the most significant threats to domestic intellectual property at bad actors in the People’s Republic of China. A report by U.S. Trade Representative Robert Lighthizer found that Chinese sponsorship of hacking into American businesses and commercial networks has been taking place for more than a decade and posed a significant threat to our nation’s economic prosperity and competitiveness.

Sovereign Immunity of Patents: While a Strong Benefit to Patent Owners, These Patents Remain Subject to Traditional Challenges

The United States Patent Trial and Appeal Board (“PTAB”) recently dismissed another inter partes review (“IPR”) based on an assertion of 11th Amendment sovereign immunity.  This decision demonstrates the willingness of the PTAB to permit State agencies (such as public universities, medical schools, and research centers) to effectively shield their patents from the threat of post-grant proceedings at the PTAB.  While this is certainly a benefit to entities that can take advantage of sovereign immunity, it does not completely insulate government-held patents from any validity challenge, as more traditional approaches of invalidating patents still remain viable avenues for those accused of infringement.