Trevor K. Copeland, Partner at Crowell & Moring, helps clients build strong patent portfolios that protect commercial products and support future development. He has drafted and prosecuted more than 200 issued utility and design patents from start to finish, with many more in the pipeline. In addition, Trevor advises on patent acquisition and portfolio management strategies, providing sophisticated analyses of the scope and validity of existing patents for defensive and offensive business purposes.
With an educational background in biology, Trevor focuses his practice on medical device patents—from simple medication delivery devices to complex minimally invasive surgical tools. He has counseled clients regarding diverse consumer products including sunglasses, footwear, electronic devices, and garden equipment. Trevor also holds a white belt certification in Legal Lean Sigma® and project management that assists him in understanding each client’s goals and provides focused attention and personal service to multinational corporations, middle-market businesses, and solo inventors alike.
Trevor takes a proactive approach to helping clients manage risk by analyzing the competitive landscape and technology of each client’s industry. Thinking forward, he marries that information with the client’s business goals and works with the client on effective strategies to protect new products and improvements. Trevor’s experience in utility and design patent litigation further informs his work as a patent counselor and strategist.
Before becoming a lawyer, Trevor was a high-school science teacher, an experience that helped him polish his ability to break down and discuss key differentiation points of complex technical disclosures with busy patent examiners, and to explain legal concepts to non-lawyer inventors. He has developed a reputation of working collaboratively with clients to communicate with patent examiners and break through logjams at the Patent Office, moving applications forward. Prior to joining Crowell & Moring, he was a shareholder at Brinks Gilson & Lione.
Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., No. 2020-1940, 2021 WL 4515275 (Fed. Cir. Oct. 4, 2021). Although the “stump” art tool cited as prior art in Surgisil resembled Applicant’s lip implant (see below), the Federal Circuit found that Applicant’s “claim is limited to lip implants and does not cover other articles of manufacture.” From this finding, the Surgisil court appears to extrapolate a symmetry by which a design for an artist’s stump is both ineligible for citation against Applicant’s lip implant in patent prosecution and also not covered in a putative enforcement of Applicant’s design.