Overview

Steve Gardner is a nationally recognized attorney focusing on counseling and representing clients seeking to strategically meet objectives, solve problems, and grow in the intellectual-property field.

He provides advanced counseling, representation, and assistance via

     - 25+ years of varied experience
     - knowledge of cutting-edge legal thinking and state-of-the-art practices
     - acumen in a wide range of technologies, and
     - colleagues and teams from his firm, a firm with one of the top intellectual-property practices in the world.

He has worked with some of the top companies internationally on nearly every facet of intellectual property and stays abreast of developments in the field, generates and suggests new and creative ideas, and provides a high degree of responsiveness.

He served as co-chair of the firm's 80+ attorney patent-litigation group for a decade and has represented companies in more than 100 lawsuits in the federal courts of 15 states and in proceedings before the Patent Trial and Appeal Board, the U.S. Supreme Court, and the U.S. Court of Appeals for the Federal Circuit.

Prior to joining the firm, Mr. Gardner served as a law clerk to the Hon. Alvin A. Schall, U.S. Court of Appeals for the Federal Circuit, Washington, D.C., and to the Hon. Frank W. Bullock Jr., U.S. District Court for the Middle District of North Carolina.

His experience also includes serving as counsel to many companies, providing innovative advice and assistance in an array of analytical and strategic projects, such as litigation management and avoidance; helping clients build patenting programs; pre-litigation services, such as responding to threat letters and licensing invitations; increasing the quality and value of patent applications; increasing the volume of invention disclosures received by the client; handling trade-secret misappropriation; second opinions relative to litigation and patent-related advice; internal investigations; intellectual property risk management; analyzing patents held by competitors; freedom to operate analysis; providing written opinions; monetization strategy advice; crafting policies and procedures; managing patent prosecution; and serving as general intellectual-property counsel.

He has represented clients in a wide variety of intellectual-property transactions, such as analyzing and negotiating indemnification agreements and arrangements; engaging in intellectual-property due diligence relating to acquisitions; and negotiating agreements relative to intellectual property, such as patent licenses and software licenses.

A registered patent attorney, his experience spans the technical landscape.

Mr. Gardner has been an invited speaker on intellectual property and other topics at seminars in Atlanta, Boston, Charlotte, Chicago, Detroit, Houston, New York, Palo Alto, Philadelphia, Raleigh, San Francisco, San Jose, Seattle, and Washington, D.C., sponsored by the American Bar Association, Association of Corporate Counsel, American Intellectual Property Law Association, Duke University, Wake Forest University, Association of University Technology Managers, New York Intellectual Property Law Association, and others.

His articles on legal topics have been cited in opinions of the appellate courts of 7 states, opinions of two federal courts, 11 treatises, and 50 law journals.

Mr. Gardner is listed in The Best Lawyers in America® for Intellectual Property Law. He is one of only three North Carolina lawyers recognized as a #1 band attorney in Chambers USA: America's Leading Lawyers for Business for Intellectual Property. He has been elected for many years to Business North Carolina magazine's "Legal Elite" List as one of the top patent attorneys in North Carolina based on a survey of all members of the North Carolina bar. He is recognized as an "IP Star" by Managing Intellectual Property magazine. Mr. Gardner is AV® rated by Martindale-Hubbell.*

*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

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Experience

The firm served as lead counsel on behalf of a transportation services company in a patent infringement suit regarding software for managing transportation logistics, and obtained a favorable settlement early in the litigation.

Served as lead counsel on behalf of Mrs. Smith's Bakeries, a subsidiary of Flowers Foods, a leading producer of packaged bakery foods, in a patent suit by Gardner Pie Co., an Ohio producer of bakery foods. The technology involved related to baked goods manufacturing systems. We filed a motion to dismiss in the Ohio district court and contemporaneously filed a declaratory judgment action in federal court in Georgia. The decision on the motion to dismiss was appealed to the Federal Circuit, but the parties settled the case before oral argument. Gardner Pie Co. v. Mrs. Smith's Bakeries, Inc., No. 01-1758 (N.D. Ohio filed July 19, 2001).

The firm served as lead counsel on behalf of Lotus Technologies in a lawsuit regarding allegations of patent infringement related to hearing aid technology. The matter was settled on confidential terms. Hear-Wear Techs., LLC v. Lotus Techs., LLC, No. 05-376 (E.D. Tex. filed Aug. 28, 2005). (Judge Schell).

The firm served as lead counsel for two Japanese manufacturing companies and their U.S. distributor in patent litigation against a global carpet-manufacturing equipment company. The technology at issue related to carpet manufacturing systems. A settlement favorable to the client was achieved, on confidential terms.

Defended Klaussner Furniture Industries, one of the largest furniture manufacturers in the world, in a design patent suit brought by Natuzzi. The designs involved related to furniture. Industrie Natuzzi S.p.A. v. Klaussner Furniture Indus., Inc., No. 02-00643 (M.D.N.C. filed Aug. 6, 2002).

The firm served as local counsel for adidas International Marketing B.V. in a patent infringement action filed by Akeva L.L.C. The complaint sought damages and injunctive relief for adidas's alleged infringement of two patents owned by Akeva. Discovery in the case was completed. The parties submitted briefs regarding claim construction and filed motions for summary judgment. After the District Court issued its ruling on claim construction and Akeva conceded non-infringement, the Court entered a final order and judgment finding that adidas did not infringe any of the claims of the patents asserted by Akeva. On November 13, 2006, the Federal Circuit issued an opinion affirming the District Court's entry of summary judgment in favor of adidas. Akeva L.L.C. v. adidas Salomon AG, No. 03-1207 (M.D.N.C. filed Dec. 19, 2003).

Served as lead counsel on behalf of Banner Pharmacaps Inc. in a lawsuit alleging that by filing a New Drug Application (NDA) with the United States Food and Drug Administration, the defendants infringed Banner’s patent. The case is currently stayed in the court pending resolution of issues before the Food and Drug Administration. Banner Pharmacaps Inc. v. Ranbaxy Labs. Ltd., No. 05-0346 (M.D.N.C. filed April 18, 2005).

Served as lead counsel on behalf of Banner Pharmacaps Inc. in a patent infringement suit against Perrigo. Banner filed the complaint alleging that, by making, using, offering for sale and selling its film-enrobed unitary-core tablets, each defendant infringed Banner's patent. The parties entered a voluntary settlement agreement to resolve the case prior to trial in which the defendants admitted the validity and infringement of the patent. Banner Pharmacaps Inc. v. Perrigo Co., No.04-0492 (M.D.N.C. filed May 28, 2004).

Represented Reisenweaver Communications Inc. in a patent action seeking a declaratory judgment that a patent owned by Econo-Comm Inc. was invalid and not infringed by Reisenweaver. Reisenweaver Commc'ns, Inc. v. Econo-Comm, Inc., No. 00-690 (M.D.N.C. filed July 20, 2000).

Defended Cerious Software in a patent infringement suit in the Eastern District of Texas involving software for image management. The suit was resolved by settlement. (Judge Folsom). Massachusetts Inst. of Tech. v. Abacus Software, Inc., No. 01-344 (E.D. Tex. filed Dec. 28, 2001).

Represented a furniture manufacturer in a furniture patent suit filed against the company in the Middle District of North Carolina. We also assisted in a related suit that went to trial in Mississippi. Shortly after a successful result in the Mississippi trial, the North Carolina action settled.

The firm served as lead counsel on behalf of three parties, Allscripts LLC (f/k/a Misys Healthcare Systems), Payerpath Inc. and Sudaco Inc. in an action for patent infringement pending in the Middle District of Florida. The technology at issue related to an Internet facilitated billing, data processing and communications system. During mediation, we successfully negotiated a favorable settlement with Billingnetwork Patent Inc., and Billingnetwork subsequently dismissed its claims with prejudice. Billingnetwork Patent, Inc. v. Misys Healthcare Sys., LLC, No. 08-00261 (M.D. Fla. filed Feb. 2, 2008).

The firm served as lead counsel on behalf of one of the largest apparel companies in the world and obtained a U.S. patent for apparel packaging that was infringed by a competitor and its customers, several national retailers. Prior to issuance of the patent, we notified the competitor that it would be infringing the patent when it issued. We filed suit in federal court in the Middle District of North Carolina on the day the patent issued. The case settled relatively quickly, resulting in the competitor removing thousands of infringing packages from store shelves across the country and a payment to our client to help cover the costs for enforcing the patent.

The firm served as lead counsel in the Southern District of Illinois on behalf of JELD-WEN, Inc., a leading developer and manufacturer of windows and doors, in a case in which Edge Seal Technologies, Inc. (n/k/a INTIGRAL, Inc.), a window manufacturer, accused JELD-WEN of infringing its patent related to methods of manufacturing insulated glass units. The case settled early in discovery. Edge Seal Techs., Inc. v. Jeld-Wen, Inc., No. 01-02256 (C.D. Ill. filed Oct. 16, 2001)

The firm served as lead counsel on behalf of a manufacturer of orthopedic apparatus in a patent infringement matter brought by its competitor company involving ankle braces.

The firm served as lead counsel on behalf of Dotcast in a suit in the Northern District of Georgia to recover patent rights in the hands of a licensee who failed to make payments. After proceedings in District Court and in bankruptcy proceedings, a settlement favorable to Dotcast was facilitated, including recovery of the patent rights. Dotcast, Inc. v. Movie Gallery, Inc., et al. , No. 07-01181 (N.D. Ga. filed May 23, 2007).

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Education

Wake Forest University, J.D. (1994) with honors

University of North Carolina at Charlotte, M.S., Electrical Engineering

University of North Carolina at Charlotte, B.S., Electrical Engineering Phi Kappa Phi, Tau Beta Pi

Wake Forest University, M.Div.

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Admissions

North Carolina (1994)

Court Admissions

U.S. Patent and Trademark Office

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Middle District of North Carolina

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Western District of North Carolina

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Central District of Illinois

U.S. District Court for the District of Colorado

U.S. Court of Federal Claims

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Clerkships

U.S. Court of Appeals for the Federal Circuit - Alvin A. Schall (Aug 1995-Aug 1996)

U.S. District Court for the Middle District of North Carolina - Frank W. Bullock, Jr. (Aug 1994-Aug 1995)

Professional & Community Activities

Wake Forest Law Review, Editor-in-Chief (1993-1994)

ABA Intellectual Property Litigation Newsletter, Editor-in-Chief (2007-2016)

ABA Open Source Software Sub-Committee, Co-Chair (2009-2012)

The Children's Museum of Winston-Salem, Board Member (2005-2010)

UNC Charlotte, Electrical and Computer Engineering Department, Board of Advisors (2005-2013)

William G. White YMCA, Board Member (2015-2018)

Arts Board of Mt. Tabor High School, Treasurer (2015-2018)

Bethesda Center for the Homeless, Board Member (2001-2003)

Wake Forest University School of Law, Alumni Board Member

NC Bar Association Intellectual Property Section, Chair (2006-2007)

Member, Teacher, Deacon (2007-2011), Search Committee Member, South Fork Church of Christ (1992–2011 and 2013-Present)

Adjunct Professor, Wake Forest University School of Law (2000-2006)

Adjunct Professor, UNC Charlotte Graduate School (Engineering Management) (2001-2008)

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