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Trevor K. Copeland

Partner

Overview

Trevor K. Copeland works collaboratively with clients to protect their innovations and designs by building strong patent portfolios for technologies ranging from medical devices to fashion sunglasses to next-gen office furnishings. Trevor provides sage legal advice in patent procurement, portfolio management, due diligence, and licensing, as well as proactive strategies and analyses to avoid running afoul of others’ intellectual property.

Trevor provides sophisticated analyses of the scope and validity of existing patents that are firmly focused on clients’ business and strategic objectives. He has drafted and prosecuted hundreds of design and utility patents and coordinated protection strategies that extend to and include copyright and trademark/trade dress to create balanced, long-lived protection of clients’ innovations.

Trevor is adept at working with clients to protect their IP in any kind of consumer products, with experience in a diverse range of technologies, including sunglasses, footwear, commercial and consumer electronic appliances, office/school/hospital furniture, garden statuary and watering equipment, and (most extensively) medical devices — from simple medication delivery devices to complex, minimally invasive surgical tools and systems.

Trevor serves as a member of the firm’s Lawyer Development Committee and is active in mentorship and sponsorship, both inside and outside the firm.

Career & Education

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  • Teacher, Dexter High School (R-XI School District), Dexter, Missouri
    August 1993-May 1998

    National Science Foundation Researcher, Southeast Missouri State University, Cape Girardeau, Missouri
    Summer 1997

    Teacher, Dexter High School (R-XI School District), Dexter, Missouri
    August 1993-May 1998

    National Science Foundation Researcher, Southeast Missouri State University, Cape Girardeau, Missouri
    Summer 1997

    • Arkansas State University, B.S.Ed., biology, 1993
    • University of Minnesota, M.S., molecular, cellular, developmental biology & genetics, 2003
    • University of Minnesota Law School, J.D., 2003
    • Arkansas State University, B.S.Ed., biology, 1993
    • University of Minnesota, M.S., molecular, cellular, developmental biology & genetics, 2003
    • University of Minnesota Law School, J.D., 2003
    • Illinois
    • U.S. Patent and Trademark Office (USPTO)
    • U.S. District Court for the Northern District of Illinois
    • U.S. District Court for the Central District of Illinois
    • Illinois
    • U.S. Patent and Trademark Office (USPTO)
    • U.S. District Court for the Northern District of Illinois
    • U.S. District Court for the Central District of Illinois
    • Illinois Super Lawyers, Intellectual Property, 2014-2023
    • Leading Intellectual Property Lawyer, Leading Lawyers Network, 2012, 2016
    • Illinois Super Lawyers, Rising Stars, 2010-2013
    • National Institute for Trial Advocacy (NITA) Advocate
    • The Federalist Society for Law and Public Policy Studies
      • Executive Committee, Intellectual Property Practice Group

        Chicago Lawyers Chapter 
        Executive Board, 2003-Present 
        President, December 2011-2013
    • Richard Linn American Inn of Court
    • Policy Advisor, The Heartland Institute
    • United States Commission on Civil Rights Appointed Member, Illinois State Advisory Committee, 2013-Present
    • Intellectual Property Owners Association
    • American Intellectual Property Law Association
    • Illinois Super Lawyers, Intellectual Property, 2014-2023
    • Leading Intellectual Property Lawyer, Leading Lawyers Network, 2012, 2016
    • Illinois Super Lawyers, Rising Stars, 2010-2013
    • National Institute for Trial Advocacy (NITA) Advocate
    • The Federalist Society for Law and Public Policy Studies
      • Executive Committee, Intellectual Property Practice Group

        Chicago Lawyers Chapter 
        Executive Board, 2003-Present 
        President, December 2011-2013
    • Richard Linn American Inn of Court
    • Policy Advisor, The Heartland Institute
    • United States Commission on Civil Rights Appointed Member, Illinois State Advisory Committee, 2013-Present
    • Intellectual Property Owners Association
    • American Intellectual Property Law Association

Trevor's Insights

Client Alert | 3 min read | 02.21.24

Federal Circuit Hints at the Scope of Government’s License Rights

The Federal Circuit’s decision in University of South Florida Board of Trustees v. United States, 22-2248 (Fed. Cir. Feb. 9, 2024) hints at the broad scope of the federal government’s license rights under the Bayh-Dole Act. ...

Representative Matters

  • For the inventor of a transnasal device used to deliver medication, resolved an impasse at the Patent Office and get critical applications allowed. The patented Tx360™/CE product is sold worldwide. (U.S. Pat. Nos. 8,231,588: Methods for ameliorating pain and devices for delivering a medicament; 8,905,980: Devices for delivering a medicament and methods for ameliorating pain; 8,690,839: Devices for delivering a medicament and connector for same)
  • Drafted and successfully prosecuted patents for an innovative and efficient, highly controlled delivery system that helps place markers for targeted radiation therapy. The technology has the potential to reduce both the length of the procedure and the risk of infection. (U.S. Patent No. 8,855,747: Engaged fiducials and system for deployment.)
  • Assisted a Chicagoan inventor with a patent for a new design for snowblower skid shoes that allows the blower to operate smoothly on uneven sidewalks without damaging its mechanism. (U.S. Patent No. 8,544,856: Snowblower skid shoe)
  • Helped clients obtain additional patents including, for example U.S. Pat. No. 10,456,299: Goggles with interchangeable lens attachment and U.S. Patent No. 10,993,742: Endoscopic needle stylet with enhanced-flexibility lengths.

Representative Litigation

  • Leh Chu Enterp. Co. v. Meijer, Inc. (D. Con. 2011; 11cv1065) Representing defendant in design patent and trade dress litigation relating to flashlights. Settled.
  • Patent Group v. Maui Jim (E.D. Tex. 2011; 11cv72) Represented defendant in false patent marking litigation. Settled.
  • Meridian Electric Co. v. Energizer Holdings (S.D. Ill. 2011; 10cv35) Representing defendant in false patent marking litigation. Dismissed.
  • Schoolhouse Furniture, Inc. et al v. School Specialty, Inc. (N.D. Ill. 2010; 10cv4923) Representing plaintiff in patent infringement litigation. Settled.
  • San Francisco Technology v. Playtex (N.D. Calif. 2010; 10cv3250) Representing defendant in false patent marking litigation. Dismissed.
  • San Francisco Technology v. Aero Products (N.D. Calif. 2010; 10cv2994) Represented defendant in false patent marking litigation. Settled.
  • Simonian v. Playtex (N.D. Ill. 2010; 10cv1455) Represented defendant in false patent marking litigation. Won motion to dismiss.
  • Texas Data v. Playtex (E.D. Tex. 2010; 10cv273) Represented defendant in false patent marking litigation. Dismissed.
  • Texas Data v. Energizer Personal Care (E.D. Tex. 2010; 10cv274) Represented defendant in false patent marking litigation. Settled.
  • GHJ Holdings v. Energizer Holdings (E.D. Tex. 2010; 10cv219) Represented defendant in false patent marking litigation. Settled.
  • Minka Lighting, Inc. v. Vaxcel, Inc. (N.D. Ill. 2008; 08cv5438). Represented defendant in design patent infringement action related to ceiling fans. Settled.
  • Pequignot v. Solo Cup Co. (E.D. Va. 2007-2008; 07cv897). Represented Solo Cup Co. against a false patent marking claim during discovery and preparation of a summary judgment motion. The claims later were dismissed on summary judgment, upheld on appeal to the CAFC.
  • Maui Jim, Inc. v. Bargain Depot Enterprises, LLC d/b/a BargainDepot.net and SimonSaves.com (C.D. Ill. 2006; 06cv1169). Represented plaintiff in design patent infringement action against infringer of patented sunglasses design. Won summary judgment of infringement and patent non-invalidity. Case was found exceptional and client was awarded attorney fees and costs.
  • Maui Jim, Inc. v. NYS Collection, LLC (C.D. Ill. 2006; 06cv1170). Represented plaintiff in design patent infringement action against infringer of patented sunglasses design. Settled for undisclosed sum with defendant admitting patent validity.
  • Maui Jim, Inc. v. Tommy Bahama Group, Inc. and Altair Eyewear, Inc. (C.D. Ill. 2007; 07cv1155). Represented plaintiff in design patent infringement action related to sunglasses. Settled.
  • Maui Jim, Inc. v. Dynamic Technologies, Inc. d/b/a Designer-Sunglasses-City.com (C.D. Ill. 2006; 06cv1168). Represented plaintiff in design patent infringement action against infringer of patented sunglasses design. Settled for undisclosed sum with defendant admitting patent validity.
  • Techtronic Industries Co., Ltd. and Richard Pando v. Chervon Holdings Ltd., Nanjing Chervon Industrial Co., Ltd. a/k/a Chervon Industry Co., Ltd., Chervon Ltd., and Chervon North America, Inc. (N.D. Ill. 2005; 05cv4370). Represented plaintiffs in patent infringement action related to a suction-base laser level. Won preliminary injunction against infringing product. Decision published: 395 F.Supp. 2d 720. Settled.
  • Dioptics Medical Products v. Maui Jim, Inc. (N.D. Cal. 2005; C05-1885). Represented defendant-counterplaintiff in design patent infringement action against infringer of patented sunglasses design. Settled.
  • Brunswick Bowling and Billiards Corp. v. Qubica USA, Inc. (M.D. Fla. 2005; 05cv510). Represented plaintiff in patent infringement action against infringer of patented electronic bowling scoring console. Settled.
  • Brunswick Bowling and Billiards Corp. v. Via Bowling Products, LLC and Shanghai Zhonglu Industrial Co., Ltd. (N.D. Indiana, 2004). Represented Brunswick in patent infringement action related to bowling lane surfaces. Settled.
  • Attwood Corporation v. Gem Products, Inc. (N.D. Ill. 2004). Represented plaintiff in patent infringement action related to patented retractable boat cleat. Settled.
  • Brunswick Bowling and Billiards Corp., et al. v. Shelti, Inc. (N.D. Ill. 2004; 04cv7856). Represented plaintiff in patent infringement action related to foosball games. Settled.
  • Maui Jim, Inc. v. Serengeti Eyewear, Inc., et. al. (C.D. Ill. 2004; 04cv1149). Represented sunglasses manufacturer Maui Jim, Inc. in design patent infringement suit against Serengeti Eyewear, including motion for preliminary injunction. Settled.

Representative Prosecution Matters

  • 10,820,893 ENDOSCOPIC TRI-POINT BIOPSY NEEDLE – Issued 11/3/2020
  • 10,588,495 BRAKE MECHANISM OF A STEERABLE CATHETER – Issued 3/17/2020
  • 9,986,981 ENDOSCOPIC ULTRASOUND-GUIDED NOTCHED BIOPSY NEEDLE – Issued 6/5/2018
  • D810,456 CURVACEOUS LOVE SEAT – Issued 2/20/2018
  • 9,629,617 ENDOSCOPIC BIOPSY NEEDLE WITH COIL SHEATH – Issued 4/25/2017
  • 8,932,342 CONTROLLED RELEASE AND RECAPTURE PROSTHETIC DEPLOYMENT DEVICE – Issued 1/13/2015
  • 8,905,980 DEVICES FOR DELIVERING A MEDICAMENT AND METHODS FOR AMELIORATING PAIN – Issued 12/9/2014
  • 8,894,658 APPARATUS AND METHOD FOR STYLET-GUIDED VERTEBRAL AUGMENTATION – Issued 11/25/2014
  • 8,876,794 METHODS FOR AMELIORATING PAIN AND DEVICES FOR DELIVERING A MEDICAMENT – Issued 11/4/2014
  • 8,855,747 ENGAGED FIDUCIALS AND SYSTEM FOR DEPLOYMENT – Issued 10/7/2014
  • 8,838,208 FIDUCIAL DEPLOYMENT NEEDLE SYSTEM – Issued 9/16/2014
  • 8,800,571 METHOD AND SYSTEM FOR MOIST TOBACCO EXTRACT ISOLATION – Issued 8/12/2014
  • 8,771,276 SYSTEMS AND METHODS FOR FORMING A CAVITY IN, AND DELIVERING CURABLE MATERIAL INTO, BONE – Issued 7/8/2014
  • 8,764,727 REINFORCED RAPID EXCHANGE CATHETER – Issued 7/1/2014
  • 8,758,295 SHORT WIRE CABLE CATHETER – Issued 6/24/2014
  • 8,721,586 INTRODUCER FOR PERCUTANEOUS ENDOSCOPIC GASTROSTOMY APPLIANCE – Issued 5/13/2014
  • 8,690,884 MULTISTATE-CURVATURE DEVICE AND METHOD FOR DELIVERING A CURABLE MATERIAL INTO BONE – Issued 4/8/2014
  • 8,690,839 DEVICES FOR DELIVERING A MEDICAMENT AND CONNECTOR FOR SAME – Issued 4/8/2014
  • 8,657,845 MULTIFILAR CABLE CATHETER – Issued 2/25/2014
  • D697,801 FLAT-RIMMED CONTAINER FOR BEVERAGE-MAKING PRODUCTS – Issued 1/21/2014
  • D695,615 REINFORCED-RING CONTAINER FOR BEVERAGE-MAKING PRODUCTS – Issued 12/17/2013
  • 8,578,887 LITTER BOX WITH SIFTER/SCRAPER SCOOP INSERT AND METHOD – Issued 11/12/2013
  • D692,760 REINFORCED-RING CONTAINER FOR BEVERAGE-MAKING PRODUCTS – Issued 11/5/2013
  • D692,759 FLAT-RIMMED CONTAINER FOR BEVERAGE-MAKING PRODUCTS – Issued 11/5/2013
  • 8,556,415 ADJUSTABLE NOSE PAD FOR EYEWEAR – Issued 10/15/2013
  • 8,550,619 REMOVABLE LENS EYEWEAR SYSTEM – Issued 10/8/2013
  • 8,544,856 SNOWBLOWER SKID SHOE – Issued 10/1/2013
  • D690,009 BIOPSY NEEDLE TIP – Issued 9/17/2013
  • 8,529,576 DEVICE, SYSTEM AND METHOD FOR DELIVERING A CURABLE MATERIAL INTO BONE – Issued 9/10/2013
  • 8,512,315 SURGICAL DEVICE – Issued 8/20/2013
  • D685,631 FLAT-RIMMED CONTAINER FOR BEVERAGE-MAKING PRODUCTS – Issued 7/9/2013
  • 8,464,726 SEGMENTED SMOKING ARTICLE WITH INSULATION MAT – Issued 6/18/2013
  • 8,454,584 MEDICAL ANCHOR DEVICE – Issued 6/4/2013
  • D682,675 REINFORCED-RING CONTAINER FOR BEVERAGE-MAKING PRODUCTS – Issued 5/21/2013
  • 8,424,538 SEGMENTED SMOKING ARTICLE WITH SHAPED INSULATOR – Issued 4/23/2013
  • 8,424,538 CURABLE MATERIAL DELIVERY DEVICE WITH A ROTATABLE SUPPLY SECTION – Issued 1/29/2013
  • 8,187,172 ENDOSCOPE CAP WITH APERTURE – Issued 5/29/2012
  • D657,461 BIOPSY NEEDLE TIP – Issued 4/10/2012
  • 8,142,431 SPHINCTEROTOME CUTTING WIRE IMPROVEMENT – Issued 3/27/2012
  • 8,118,161 PRESSURIZED CIGARETTE PACKAGES AND METHODS – Issued 2/21/2012
  • 8,100,903 SPHINCTEROTOME IMPROVEMENT – Issued 1/24/2012
  • D650,995 SHEET MATERIAL WITH SURFACE PATTERN - Issued 12/27/2011
  • 7,959,660 MULTIFILAR CABLE CATHETER - Issued 6/14/2011
  • 7,946,293 CIGARETTE LIGHTER AND METHOD - Issued 5/24/2011
  • 7,946,417 CURABLE MATERIAL MIXING AND DELIVERY DEVICE - Issued 5/24/2011
  • 7,905,891 SUCTION CLIP - Issued 3/15/2011
  • 7,874,267 ANIMAL BREEDING SYSTEM AND USE THEREOF - Issued 1/25/2011
  • 7,846,177 SURGICAL DEVICE - Issued 12/7/2010
  • 7,811,245 OBJECT DELIVERY SHUTTLE - Issued 10/12/2010
  • 7,717,557 LENS SYSTEM AND METHOD WITH ANTIREFLECTIVE COATING - Issued 5/18/2010
  • 7,597,105 APPARATUS FOR MANUFACTURING CIGARETTES - Issued 10/6/2009
  • D588,024 WRISTWATCH - Issued 3/10/2009
  • 7,404,415 MECHANICAL INTERMITTENT TIMER FLOW CONTROLLER - Issued 7/29/2008
  • D575,452 TWIN-PACK CONTAINER - Issued 8/19/2008
  • D557,940 TABLETOP DRINK SERVICE DISPLAY - Issued 12/25/2007
  • 7,252,246 OSCILLATING SPRINKLER WITH PATTERN SELECT FEATURE - Issued 8/7/2007
  • 7,086,166 SPIRIT LEVEL WITH INTEGRATED INCLINATION ADJUSTMENT MECHANISM - Issued 8/8/2006

Trevor's Insights

Client Alert | 3 min read | 02.21.24

Federal Circuit Hints at the Scope of Government’s License Rights

The Federal Circuit’s decision in University of South Florida Board of Trustees v. United States, 22-2248 (Fed. Cir. Feb. 9, 2024) hints at the broad scope of the federal government’s license rights under the Bayh-Dole Act. ...

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Trevor's Insights

Client Alert | 3 min read | 02.21.24

Federal Circuit Hints at the Scope of Government’s License Rights

The Federal Circuit’s decision in University of South Florida Board of Trustees v. United States, 22-2248 (Fed. Cir. Feb. 9, 2024) hints at the broad scope of the federal government’s license rights under the Bayh-Dole Act. ...