Patent protection is often the cornerstone of the intellectual property rights sought by successful enterprises, offering protection for the embodiment of a new idea. Thus, new product developers, manufacturers, distributors, and the like typically seek patent protection for new machines, devices, manufacturing processes, chemical compositions, etc. to secure legal exclusivity to their innovations. Recent Supreme Court and appellate decisions have greatly modified the nature and scope of patent protection, and our patent attorneys stay abreast of all relevant court decisions to provide clients with thorough and actionable advice regarding this critical aspect of so many businesses. These changes to the law have made it critical for all innovative businesses to address the issue of patents, both from an offensive perspective (namely, to protect the competitive advantage offered by the introduction of novel products and services), and from a defensive perspective (to ensure that investment in new products and services does not result in infringing the patent rights of others).
A successful patent strategy starts with assessing a client's specific technologies and marketing objectives, such that a customized, strategic patenting program may be implemented to build the most appropriate patent portfolio for each client's specific needs. However, in addition to understanding our client's business goals, understanding the inventor's vision is also key to the implementation of a successful patent strategy. Our patent professionals pride themselves on working closely with inventors and fully involving them in the application process in order to fully define and protect their inventions. Such cooperation between attorney and inventor will often yield an application that not only maximizes the chances of obtaining an issued patent, but that will provide the patent holder with a valuable commercial asset.
Our patent practice, which includes the largest number of registered patent attorneys of any firm in the Baltimore area, comprises the preparation and prosecution of both domestic and foreign applications in numerous technological fields, such as mechanical, electrical, and electro-mechanical devices, manufacturing equipment and processes, biomedical devices and processes, fluid handling systems and apparatus, optics, communications, materials sciences, computer and Internet-related inventions, recreational devices, and sporting goods. Our clients range from small, entrepreneurial start-ups to multinational corporations. Well-established relations with foreign associate patent counsel enable us to easily file patent applications throughout the industrialized and commercially significant nations of the world with confidence.
Some of the specific services that our patent prosecution practice provides include:
Prior art searches to determine the patentability of a proposed invention and the scope of protection an inventor may expect should they proceed with the application process.
Preparation of new patent applications in a wide variety of technologies. The preparation stage includes intensive interaction between the attorney preparing the application and the inventor in order to ensure technical accuracy of the specification.
Filing of applications in the United States and throughout the world. After the application is drafted and the inventors agree that the application is in proper form, we will file it in the United States Patent and Trademark Office to initiate the examination process. Corresponding foreign applications may also be filed through our foreign associate counsel.
Prosecuting the application before the PTO. After the application has been filed, a Patent Examiner will review the application and perform his or her own prior art search, often citing related prior art and requiring the applicant to distinguish his or her invention from the prior art. The Examiner's arguments are analyzed by both the attorneys responsible for the case and the inventor, and responses are prepared to convince the Examiner of the patentability of the invention.
Prosecuting the application beyond the Patent Examiner. In the event that the Examiner is not convinced of the merits of the invention after the applicant has filed a response, the Examiner may issue a "final" office action, at which time an appeal may be taken to the Board of Patent Appeals and Interferences and, if necessary, to the Court of Appeals for the Federal Circuit.
Performing infringement/validity studies. From an offensive perspective, in the event that a client's competitor launches a new product or service that is similar to that of our client, we may undertake an infringement analysis to determine whether our client's patent is being infringed. Likewise, from a defensive perspective, in the event that a client is faced with a competitor's assertion of patent infringement, we may undertake an infringement and validity analysis which allows us to advise our clients on the likelihood of an asserted patent being held as valid in an infringement lawsuit, as well as on the infringement liability risk posed by the asserted patent.
Prosecuting a client's patent rights or defending its right to manufacture its products or undertake a particular method in the face of an allegation of patent infringement in federal court or an appropriate administrative agency.
Consumer packaged goods companies know how to spend on a brand. They know how to lock a formula in a vault. They are much slower to treat a patent as an operating asset.
That habit was always expensive. It is more expensive now.
By late 2024, Google was reporting that more than a quarter of its new code was being written by AI. Microsoft followed with similar numbers in 2025. In startups built from scratch on coding agents, the human share of the codebase can be a rounding error. The productivity story is familiar. The ownership story is not.
By late 2024, Google was reporting that more than a quarter of its new code was being written by AI. Microsoft followed with similar numbers in 2025. In startups built from scratch on coding agents, the human share of the codebase can be a rounding error. The productivity story is familiar. The ownership story is not.
Not long ago, a technologist ran an experiment that should keep every software executive awake at night: using an off-the-shelf AI coding agent, he built a working Salesforce-style CRM — data model, interface and all — in roughly three hours. Not a mockup. A functioning product that took the original companies years and hundreds of millions of dollars to develop.
Not long ago, a technologist ran an experiment that should keep every software executive awake at night: using an off-the-shelf AI coding agent, he built a working Salesforce-style CRM — data model, interface and all — in roughly three hours. Not a mockup. A functioning product that took the original companies years and hundreds of millions of dollars to develop.
In November 2025, a California jury awarded Masimo $634 million after finding that Apple Watch heart-rate notification features infringed claims of Masimo’s U.S. Patent No. 10,433,776. In July 2026, the district court entered final judgment preserving that award after denying Apple’s post-trial effort to obtain judgment as a matter of law or a new trial. The judgment remains subject to appellate review.
In November 2025, a California jury awarded Masimo $634 million after finding that Apple Watch heart-rate notification features infringed claims of Masimo’s U.S. Patent No. 10,433,776. In July 2026, the district court entered final judgment preserving that award after denying Apple’s post-trial effort to obtain judgment as a matter of law or a new trial. The judgment remains subject to appellate review.
In the first quarter of 2026, petitions to invalidate issued U.S. patents at the Patent Trial and Appeal Board fell to 131 — a 64 percent drop from the year before and the lowest quarterly total in the tribunal's history. If you are not a patent lawyer, that statistic probably reads as trivia. It shouldn't. It is one of several signals from the past twelve months that the value of an American patent has shifted — sharply upward — and that shift is already changing how investors underwrite product innovation.
In the first quarter of 2026, petitions to invalidate issued U.S. patents at the Patent Trial and Appeal Board fell to 131 — a 64 percent drop from the year before and the lowest quarterly total in the tribunal's history. If you are not a patent lawyer, that statistic probably reads as trivia. It shouldn't. It is one of several signals from the past twelve months that the value of an American patent has shifted — sharply upward — and that shift is already changing how investors underwrite product innovation.
Acquirers are increasingly looking at businesses whose products use AI, depend on AI, or sit close enough to AI that the buyer expects future value from data, automation, software or model-enabled workflows. The target may not be an “AI company” in the headline sense. It may be a medical-device company using machine-learning outputs in a diagnostic workflow, a software platform embedding generative AI in a user interface, a manufacturer using computer vision in quality control, a services business with proprietary datasets and automation, or a consumer brand relying on AI-created marketing assets.
Acquirers are increasingly looking at businesses whose products use AI, depend on AI, or sit close enough to AI that the buyer expects future value from data, automation, software or model-enabled workflows. The target may not be an “AI company” in the headline sense. It may be a medical-device company using machine-learning outputs in a diagnostic workflow, a software platform embedding generative AI in a user interface, a manufacturer using computer vision in quality control, a services business with proprietary datasets and automation, or a consumer brand relying on AI-created marketing assets.
Consumer packaged goods companies are good at measuring velocity, margin, distribution, shelf position, and repeat purchase. They are often less disciplined about measuring the intellectual property created while those numbers improve.
That gap matters. In CPG, the most valuable innovation is not always the headline product. It may be the closure that reduces leakage, the formulation tweak that stabilizes shelf life, the refill system that changes unit economics, the manufacturing step that saves twenty seconds per batch, the package geometry that makes a club-store pallet work, or the visual identity that turns a commodity into a premium item.
Consumer packaged goods companies are good at measuring velocity, margin, distribution, shelf position, and repeat purchase. They are often less disciplined about measuring the intellectual property created while those numbers improve.
That gap matters. In CPG, the most valuable innovation is not always the headline product. It may be the closure that reduces leakage, the formulation tweak that stabilizes shelf life, the refill system that changes unit economics, the manufacturing step that saves twenty seconds per batch, the package geometry that makes a club-store pallet work, or the visual identity that turns a commodity into a premium item.
The SoPE National Capital Area Chapter and the Indian Biomedical Association, in concert with The JHU Carey Business School, MedChi, Zanvyl Krieger School of Arts and Sciences Center for Biotechnology Education, Maryland Biotechnology Center, and the Medical Society of Northern Virginia present this panel discussion with Gautam Gulati, Paul Ferris, and Peter Davis.
The SoPE National Capital Area Chapter and the Indian Biomedical Association, in concert with The JHU Carey Business School, MedChi, Zanvyl Krieger School of Arts and Sciences Center for Biotechnology Education, Maryland Biotechnology Center, and the Medical Society of Northern Virginia present this panel discussion with Gautam Gulati, Paul Ferris, and Peter Davis.
Peter Davis, WTP partner and patent lawyer, will speak at the 2012 CASRIP Patent and Intellectual Property Law and Practice Summer Institute on the Rule of Priority in International Enforcement.
Peter Davis, WTP partner and patent lawyer, will speak at the 2012 CASRIP Patent and Intellectual Property Law and Practice Summer Institute on the Rule of Priority in International Enforcement.
Peter Davis, WTP partner and patent lawyer, will lecture on Advanced US Prosecution - the Rule of Priority/Interference, at the 2012 CASRIP Patent and Intellectual Property Law and Practice Summer Institute.
Peter Davis, WTP partner and patent lawyer, will lecture on Advanced US Prosecution - the Rule of Priority/Interference, at the 2012 CASRIP Patent and Intellectual Property Law and Practice Summer Institute.
Peter J. Davis and Joe Morales, experienced patent attorneys at Whiteford, Taylor & Preston, will present their insights concerning how the new patent laws are likely to affect their clients and give you the opportunity to ask questions about how they will affect you. If you have any questions about what the new patent laws mean and what you need to do to be ready for the changes, don’t miss this chance to pick their brains for free.
Peter J. Davis and Joe Morales, experienced patent attorneys at Whiteford, Taylor & Preston, will present their insights concerning how the new patent laws are likely to affect their clients and give you the opportunity to ask questions about how they will affect you. If you have any questions about what the new patent laws mean and what you need to do to be ready for the changes, don’t miss this chance to pick their brains for free.
On September 8, 2011, the U.S. Senate passed the House version of the Leahy Smith America Invents Act (H.R. 1249) by margin of 89 to 9. The President will sign the bill into law within the next 10 days. The Leahy Smith America Invents Act is the result of more than ten years of attempts at patent reform and represents the most sweeping change of U.S. Patent laws in over 50 years. The law makes significant changes to a number of areas of the patent law, and brings the U.S.
On September 8, 2011, the U.S. Senate passed the House version of the Leahy Smith America Invents Act (H.R. 1249) by margin of 89 to 9. The President will sign the bill into law within the next 10 days. The Leahy Smith America Invents Act is the result of more than ten years of attempts at patent reform and represents the most sweeping change of U.S. Patent laws in over 50 years. The law makes significant changes to a number of areas of the patent law, and brings the U.S.
Whiteford is pleased to announce that Managing IP has recognized the firm as Highly Recommended for Intellectual Property in 2026, and has recognized two of the firm's intellectual property partners for their patent work in the publication’s 2026 IP STARS rankings.
Whiteford is pleased to announce that Managing IP has recognized the firm as Highly Recommended for Intellectual Property in 2026, and has recognized two of the firm's intellectual property partners for their patent work in the publication’s 2026 IP STARS rankings.
Whiteford is pleased to announce that Jeffrey Schell has joined the firm and will lead its new office in Denver, Colorado. Mr. Schell is a highly regarded patent attorney and a prominent figure in the Colorado tech sector. For many years he has played a leading role in the dynamic Denver-Boulder venture ecosystem.
Whiteford is pleased to announce that Jeffrey Schell has joined the firm and will lead its new office in Denver, Colorado. Mr. Schell is a highly regarded patent attorney and a prominent figure in the Colorado tech sector. For many years he has played a leading role in the dynamic Denver-Boulder venture ecosystem.
Whiteford is pleased to announce that Managing Intellectual Property has recognized three of the firm’s intellectual property partners for their patent work in the publication’s 2025 IP STARS rankings.
Whiteford is pleased to announce that Managing Intellectual Property has recognized three of the firm’s intellectual property partners for their patent work in the publication’s 2025 IP STARS rankings.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers® “Best Law Firms” has awarded the firm exemplary rankings for 2021. Twenty-two of the firm’s practices are ranked at the national level, and the firm’s Bankruptcy and Environmental Law practices have been recognized with national Tier 1 rankings.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers® “Best Law Firms” has awarded the firm exemplary rankings for 2021. Twenty-two of the firm’s practices are ranked at the national level, and the firm’s Bankruptcy and Environmental Law practices have been recognized with national Tier 1 rankings.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2020. Twenty of the firm’s practices are ranked at the national level, including two bankruptcy practices with national Tier 1 rankings. At the state level, an additional forty-two practices have been ranked in Maryland, Washington, D.C., and VA.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2020. Twenty of the firm’s practices are ranked at the national level, including two bankruptcy practices with national Tier 1 rankings. At the state level, an additional forty-two practices have been ranked in Maryland, Washington, D.C., and VA.
Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2019. Eighteen of the firm’s practices are ranked at the national level, including two practices with national Tier 1 rankings: Litigation and Bankruptcy. At the state level, an additional forty-six practices have been ranked in Maryland, Washington, D.C., and VA.
Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2019. Eighteen of the firm’s practices are ranked at the national level, including two practices with national Tier 1 rankings: Litigation and Bankruptcy. At the state level, an additional forty-six practices have been ranked in Maryland, Washington, D.C., and VA.
Baltimore – Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2018. Nineteen of the firm’s practices are ranked at the national level, including three practices with national Tier 1 rankings: Litigation, Bankruptcy and Real Estate. At the state level, an additional fifty practices have been ranked in Maryland, Washington, D.C., and VA.
Baltimore – Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2018. Nineteen of the firm’s practices are ranked at the national level, including three practices with national Tier 1 rankings: Litigation, Bankruptcy and Real Estate. At the state level, an additional fifty practices have been ranked in Maryland, Washington, D.C., and VA.
The 2017 edition of U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded Whiteford, Taylor & Preston LLP exemplary ratings in its seventh annual rankings of law firms.
Twenty of the firm’s practices were ranked at the national level, as well as thirty-seven in Maryland, ten in Washington, D.C., and two in Roanoke, VA.
The 2017 edition of U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded Whiteford, Taylor & Preston LLP exemplary ratings in its seventh annual rankings of law firms.
Twenty of the firm’s practices were ranked at the national level, as well as thirty-seven in Maryland, ten in Washington, D.C., and two in Roanoke, VA.
Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2016 (copyright 2015 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.
Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2016 (copyright 2015 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.
Whiteford Taylor & Preston LLP is very gratified to announce that the firm has received exemplary ratings in the second annual U.S. News & World Report rankings of law firms. In Maryland, WTP was rated highly in 34 practice areas, more than any other firm in the state.
Whiteford Taylor & Preston LLP is very gratified to announce that the firm has received exemplary ratings in the second annual U.S. News & World Report rankings of law firms. In Maryland, WTP was rated highly in 34 practice areas, more than any other firm in the state.