Lead counsel in numerous patent and trademark litigations at the trial and appellate level, including Knorr-Bremse v. Dana and Haldex, a landmark Federal Circuit case which abolished the presumption of willfulness for failure to waive attorney-client privilege. I have prosecuted many 1000s of patent and trademark applications and resolved infringement matters in excess of $100MM. My prosecution experience has given me intimate knowledge of various technologies including analytical instruments in the fields of optics, mass spectrometry, and avionics; computer hardware, software, networking and wireless; vehicle drive, exhaust, injection, stability, suspension and braking systems and components; industrial processes such as machine vision, conveying, robotics, grinding and polishing, wafer and chip processing, and paper making; the Internet and business automation; and medical equipment including video endoscopes and surgical instruments.

An inventor myself, my own patents have been commercialized and licensed throughout the world. Learn more about my qualifications below or follow my social media feeds.

Issued Patents

Inventor U.S. Patent No. 9,319,370 Configurable Website And System With Access Control And Social Network Features
Inventor U.S. Patent No. 9,154,958 Security System For Cloud Computing
Inventor U.S. Patent No. 9,147,082 Electronic Messaging System With Configurable Delivery That Maintains Recipient Privacy
Inventor U.S. Patent No. 8,972,430 Record Protection System For Networked Databases
Inventor U.S. Patent No. 8,914,855 Portable Password Keeper With Internet Storage And Restore
Inventor U.S. Patent No. 8,812,963 Website With User Commenting Feature
Inventor U.S. Patent No. 8,812,437 Onsite Backup For Third Party Internet-Based Systems
Inventor U.S. Patent No. 7,974,951 Onsite Backup For Third Party Internet-Based Systems
Inventor U.S. Patent No. 7,925,628 Internet-Based Data Processing System With Onsite Backup
Inventor U.S. Patent No. 7,921,139 System For Sequentially Opening And Displaying Files In A Directory
Inventor U.S. Patent No. 7,647,364 Onsite Backup Of Internet-Based Data In A Requested Format
Inventor U.S. Patent No. 6,981,007 Onsite Backup For Internet-Based Data Processing
Inventor U.S. Patent No. 6,182,078 System For Delivering Professional Services Over The Internet
Inventor U.S. Patent No. 6,049,801 Web Site Providing Professional Services
Inventor U.S. Patent No. 5,895,468 System Automating Delivery Of Professional Services

Published Patents

Inventor U.S. Patent Publication No. 2019/0114846 Smartphone Racing Sailboat Instrument and Crowdsourced Race Tracking System
Inventor U.S. Patent Publication No. 2017/0032482 System Automating The Preparation Of International Intellectual Property Applications For Filing


J.D. Ohio State University 1988
B.A. Ohio Wesleyan University, Physics 1985

Honors and Awards

Past President Connecticut Patent Law Association
Magna Cum Laude, Phi Beta Kappa, Ohio Wesleyan University

Court Admissions

State of Connecticut
U.S. Patent and Trademark Office
U.S. District Court (Connecticut and many others)
U.S. Court of Appeals (Federal Circuit)
U.S. Supreme Court

Professional Associations

Connecticut Patent Law Association
American Intellectual Property Law Association
International Association for the Protection of Intellectual Property
New York Intellectual Property Law Association
International Federation of Intellectual Property Attorneys
European Communities Trademark Association


“OMG. How’d They Get a Patent on a Thing Like That?”, Medium, January 22, 2019
The Internet Changes Everything About Brand Identity, Medium, December 7, 2017
Recent Case Law And Legislation Have Killed Patents, Law360.com, February 11, 2014
Patenting The Practice, The National Law Journal, March 18, 2002
Only Obvious Variations Infringe, 80 J. Pat. & Trademark Off. Soc’y 645, 1998
The Patent and Trademark Office’s Refusal to Follow In Re Bond, 74 J. Pat. & Trademark Off. Soc’y 397, 1992


Patents and Trademarks, TechXel Stamford Venture Expert Series, 2017-2019
After Final Action, client presentation, 2016
Post-Grant Proceedings, client presentation, 2016
Design Patents, client presentation, 2015
Software Patents, client presentation, 2012
Creative Licensing Strategies, client presentation, 2010
Trade Secrets and NDAs, client presentation, 2010
Patent Litigation, client presentation, 2009
Patent Chalk Talk, client presentation, 2007

WHIP Blog Posts

Only Litigators Should Draft Patents (part 2 of 2), June 20, 2019
Only Litigators Should Draft Patents (part 1 of 2), June 6, 2019
Patents and Trademarks Don’t Mix, May 29, 2019
“OMG. How’d They Get a Patent on a Thing Like That?” (Part 2 of 2), January 18, 2019
“OMG. How’d They Get a Patent on a Thing Like That?” (Part 1 of 2), November 14, 2018
There’s No Software Exception to the Statutory Presumption of Validity, July 24, 2018
Straight Talk About Brand Identity: Part 2/2 Use, Registration and Policing, January 10, 2018
Straight Talk About Brand Identity: Part 1/2 Logo and Internet Name Selection, January 3, 2018
Bat Makers Club Each Other With IP, October 17, 2017
Can’t Avoid Infringement Liability For Overseas Deliveries Merely By Off-Shoring Manufacturing, June 13, 2017
Trio of District Court Cases Give Software Patent Owners Hope After Alice, February 14, 2017

© Copyright 2019 Whitmyer IP Group