Stephen M. Schaetzel

Biography

Steve is an experienced and skilled IP litigator with a national practice. He has been involved in more than 100 IP cases, and has served as lead counsel before both many trial and appellate courts. He has appeared frequently before the Northern District of Georgia, the Eastern and Northern Districts of Texas, the Eastern District of Virginia, the Northern District of Illinois, the Eastern District of Michigan, the District of Colorado, the Southern District of New York, the Central and Northern Districts of California, the Southern District of Florida and other jurisdictions recognized for IP cases. On an appellate level, he has appeared before the Fourth Circuit, the Tenth Circuit, the Eleventh Circuit and, most frequently, before the Federal Circuit in Washington, DC. He has obtained and defended temporary restraining orders and preliminary injunctions, presented Markman hearings, and briefed and argued many dispositive motions, including multiple summary judgment motions. Steve has also represented clients before the Trademark Trial and Appeal Board, having been involved in dozens of trademark oppositions. Steve served as lead counsel for the Applicant in the largest contested registration proceeding ever litigated before the TTAB and the Federal Circuit.

Along with others, Steve served as a Special Assistant Attorney General representing the Board of Regents of the University System of Georgia, and specifically Georgia State University (GSU), in a copyright case involving issues of library electronic reserves and fair use in the non-profit educational context. A group of academic publishers brought 99 allegations of infringement in the Northern District of Georgia (Cambridge University Press et al v Patton et al). After a near month long bench trial and multiple appeals, our team was successful, defeating 89 of the allegations with the Court declaring GSU to the be prevailing party. The case spurred its own Wikipedia page.

Among his other notable cases are:

• Digital Ally, Inc. v Utility Associates – represented Defendant Utility Associates in action concerning in car video systems for law enforcement alleging monopolization, false advertising, improper assertion of patent rights and various state causes of action. Obtained summary judgment on all counts in favor of Defendant, which was affirmed by Tenth Circuit Court of Appeals.  Digital Ally, Inc. v Utility Associates, Inc., No. 2:14-cv-02262, 2017 WL 1197561 (D. Kan.); Digital Ally, Inc. v Utility Associates, Inc., No. 17-3092 (10^th 2018).
• Noble Systems Corporation v Acqueon Technologies, Inc. – represented Plaintiff in dispute involving four patents directed to call center technology in Texas.
• American Customer Satisfaction Index LLC v ForeSee Results, Inc.; CFI Group USA, LLC v Verint Americas, Inc. – representing Defendants in trademark dispute in Eastern District of Michigan.
• ChemFree Corporation v. J Walter, Inc – represented Defendant J. Walter in patent infringement action involving bioremediating parts washers, successfully invalidated all claims of four asserted patents.
• Millennium Media Productions v. Aaron Rents, Inc. – represented Defendant Aaron Rents in copyright infringement action involving copyright in music used in commercial advertisements.
• Bayer Health Care LLC v. Merial LLC – represented Defendant Merial in false advertising case and successfully defeated motion for temporary restraining order.
• Glock v. Smith & Wesson – awarded a permanent injunction and negotiated a multi-million dollar settlement for patent and trade dress infringement.
• Tarsus Connect v Cvent – represented plaintiff in trademark infringement action in Northern District of Georgia.
• BellSouth v. Supra– awarded a preliminary and permanent injunction against trademark infringement and false advertising.
• BellSouth v. Access Integrated – awarded a permanent injunction and achieved a multi-million dollar settlement for false advertising and unfair business practices.
• Tommy Hilfiger v. Goody’s – awarded a permanent injunction and damages ($9,000,000) and attorneys’ fees in a counterfeiting case.
• Fred Hutchinson Cancer Research Center v. Scidera, Inc. – represented defendant in patent infringement case that settled after extensive discovery and Markman hearing regarding animal DNA testing procedure.
• 1-800-Adept, Inc. v. Enterprise Rent-A-Car Company, et al. – represented logistics/delivery company in Eastern District of Texas in patent infringement case.

Steve has also partnered with clients to manage significant intellectual property portfolios on a national and international basis. This aspect of his practice includes setting and achieving both strategic and practical goals for asserting and defending IP rights as they apply to individual matters, a series of related actions or an overall IP ownership position. Steve has helped manage the trademark portfolios of a Fortune 100 transportation and delivery services company and a Fortune 100 telecommunications company. He also has helped manage the patent portfolio of a major supplier of heat exchange equipment.

Steve has been repeatedly named to The Best Lawyers in America (2004- , Intellectual Property Law) and as a Georgia “Super Lawyer” (2004- , Intellectual Property Litigation). In addition, he is ranked by Chambers USA (Intellectual Property, Georgia, 2009- ) and was recommended in the Legal 500 (for strategic portfolio work).

Steve has served as a mediator in patent cases, and also served as adjunct faculty at the University of Georgia School of Law, where he taught patent law for more than 12 years. He has also served as adjunct faculty at Emory University School of Law where he taught courses in both patent and copyright law. He has been involved in various civic organizations, including the Northside Youth Organization (“NYO”), Georgia Tech Athletic Association, Bobby Dodd Institute, American Junior Golf Association, EverybodyWins Atlanta, VOX Teen Communications and Peachtree Road United Methodist Church. Steve also enjoys golf, biking, skiing and 70’s music.