Russell E. Blythe

• Represented BASF in patent infringement action relating to methods for electrolytic plating of copper onto semiconductor substrates. Representation included multiple arguments before the Patent Trial and Appeal Board and Federal Circuit, with the PTAB ultimately holding both patents asserted against BASF to be unpatentable and the Federal Circuit affirming.
• Represented University of Georgia Athletic Association in trademark infringement case against company marketing unauthorized apparel and other merchandise.
• Represented Vital Proteins in false advertising dispute against a competitor related to advertising for collagen supplements and celebrity endorsement.
• Represented Six Continents Hotels, Inc. in bringing trademark infringement and false advertising claims against an online travel agency.
• Represented Kimberly-Clark and Avanos Medical in a competitor false advertising suit regarding the labeling and advertising of Class II medical devices.
• Represented Webroot and Open Text in competitor-on-competitor patent cases against Trend Micro, CrowdStrike, Sophos Ltd., AO Kaspersky Lab, and Forcepoint involving antivirus and endpoint security software. Cases included proceedings in district court and Patent Trial and Appeal Board.
• Represented Netflix and executive producers of Outer Banks in obtaining dismissal of copyright infringement action.
• Represented motion picture and television production company in trademark dispute against studio company.
• Represented leading home automation and security company in successfully defending multiple patent suits.
• Represented leading U.S. manufacturing company in successfully obtaining dismissal of false advertising complaint filed in federal court.
• Represented Superior Essex against patent infringement claims related to high-speed telecommunications cables. Obtained summary judgment rulings that certain asserted patents were either not-infringed or invalid, and also that pre-suit damages were excluded for lack of patent marking. In a subsequent jury trial, the jury found that three additional asserted patents were invalid. One additional patent was found invalid after post-trial motions.
• Represented leading data center company in patent and other intellectual property matters.
• Representing leading animal health company in connection with advertising matters.
• Representing major U.S. retailer in connection with patent clearance, licensing, and dispute matters.

Russell Blythe has two decades of experience representing companies, universities, and other institutions in disputes involving patent infringement, trademark infringement, trade secrets, unfair competition, and false advertising. Russell is adept at efficiently handling matters of any scale, from counseling on potential disputes to leading multi-venue litigation. Russell has been recognized by Chambers USA, Managing IP, and The Best Lawyers in America as a leading lawyer for intellectual property litigation. 

An experienced litigator, Russell represents clients across a variety of industries and technologies, including consumer products, food and beverage, hospitality, medical devices, pharmaceuticals, telecommunications, and polymer chemistry.

Russell is experienced in all phases of litigation, including federal district and appellate courts. He is also registered to practice before the U.S. Patent and Trademark Office, where he has handled dozens of inter partes reviews as an alternative to, or in parallel with, district court litigation.

In addition to intellectual property matters, Russell counsels companies in complex false advertising disputes. He represents clients with matters before the National Advertising Division of the Better Business Bureau and regularly consults on appropriate substantiation of advertising claims. His experience further includes actions brought by the Federal Trade Commission.

Russell is an ten-time recipient of our firm’s Pro Bono Service Award and previously received Common Cause Georgia’s Outstanding Citizen Award. He is a member of the Georgia Tech IP Advisory Board and recently served on the board of Communities in Schools of Georgia.