Whitmyer IP Group: Legal Counsel for IP Management and Litigation

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Whitmyer IP Group

Stephen F.W. Ball, Jr., member of WHIPgroup, Whitmyer IP GroupStephen F.W. Ball, Jr., member of WHIPgroup
Whitmyer IP Group (WHIPgroup) is a full-service intellectual property (IP) and commercial litigation law firm. Every aspect of IP is represented, with physicists, mechanical, civil, electrical, biomedical, and aerospace engineers, chemists, computer scientists, and brand managers. WHIPgroup’s clients come from around the world, it manages global IP portfolios, and its attorneys litigate in court rooms around the US.

In an interview with CIO Applications Magazine, Stephen F.W. Ball, Jr., a member of WHIPgroup, provides insights into the company and its mission and vision.

Could you provide us with a brief overview of WHIPgroup?

We are a firm of patent and trademark attorneys and litigators. Because we are engineers and scientists in addition to being litigators, we analyze and attack cases differently. We fight smarter, weed out the noise, and focus on the issues. Sophisticated clients choose us because we have a track record of obtaining successful outcomes.We file many hundreds of patent and trademark applications each year. Because we also litigate the IP we prosecute, we know how to get valuable and enforceable protection.

Please shed some light on WHIPgroup's clientele and its key area of focus?

Many of our clients are involved in medical devices, industrial automation, and computer hardware/software. So we have developed particular expertise in those areas. Historically, we have worked with manufacturing companies across Northern Europe.

However, we represent clients in many different industries around the world, such as robotics, materials, food services, biotech/pharma, power generation, and consumer products.Our clients range in size from Fortune 100 corporations to individual entrepreneurs.

What does the typical client onboarding process entail?

Bringing on a client takes a lot of our time and effort, and it can take years to recoup the investment we make in learning their business. This is why we look for long-term relationships. We take the time to understand clients' business goals and deconstruct the issues. IP is a business tool that we leverage to achieve these business goals.

What sets you a notch above the market competition?

We are multi-faceted, with the tenacity of litigators, the meticulousness of patent attorneys, and the business sense of entrepreneurs. Our firm operates as an innovative startup, relying on teamwork, shared objectives, and a passion for technology. Our boutique firm model combines expertise and value. All of our attorneys are admitted to USPTO patent bar, which surpasses even the largest firms.

IP is a specialized practice, requiring a complex and dedicated infrastructure.We have a deep bench of experienced attorneys, paralegals, and administrative assistants. We also have developed standardized procedures to assure quality control and effective communication.

Litigation can be expensive, so we handle cases as efficiently as possible without compromising the outstanding quality of our work. Our battle-hardened veterans use innovative technology, including electronic discovery tools, to give our clients every possible advantage. We leverage our extensive experience to develop efficient and effective strategies that yield superior, cost-effective outcomes. We are aggressive and stand up to the largest law firms and regularly litigate cases with $100s of millions at stake.

Could you give me an example of your customer's success story?

For a medical device manufacture, we developed a large patent portfolio on a broad range of technologies in the surgical suite, from data transmission to optics to graphical user interfaces. When it was determined that a large competitor infringed, we asserted five patents across three patent families. Because we had developed a patent strategy covering multiple facets of the industry, we had a nine-figure damages claim. We obtained favorable settlement following extensive Summary Judgment, Daubert, and Markman hearings.


For a luxury fashion brand, we developed and implemented an anti-counterfeiting program, including a fixed-fee schedule for monitoring and enforcing trademark rights against counterfeiters. In one case, we secured a temporary restraining order on same day the complaint was filed, providing for immediate shutdown of counterfeit websites. A hearing was held, and we obtained a judgment for$6 million in statutory damages as well as a permanent injunction. As part of the permanent injunction, the domain registrar was ordered to transfer the counterfeit websites to our control.

How did WHIPgroup respond to the changing market dynamics during the pandemic?

Our cloud logo is an important part of our branding and ethos. It represents the use of technology that is a backbone to our firm. Before the pandemic we were already relying on advanced law firm concepts such as paperless files, cloud computing, and video conferencing. Amidst the pandemic, we were always available for our clients, even though we could not meet them in person since travel was restricted.

In order to address client budgeting requirements brought on by the uncertainty of the pandemic, we developed alternative fee arrangements. In addition to a la carte fee schedules, we offer custom fee schedules and subscriptions. The subscription model is really unique and one of its kind in the industry.

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