also known as Ben, Bernie
After flying for the U.S. Navy for over a decade and serving with General Colin Powell, USA (Ret.) on the Joint Chiefs of Staff, I became an electro-optics engineering center manager and eventually a Registered Patent Attorney with the United States Patent and Trademark Office (USPTO).
My practice of law is focused on intellectual property. I seek to protect my clients' valuable intellectual property in the most efficient and cost-effective manner for the individual client.*
I obtain U.S. & international patents, U.S. & international trademark registrations, and U.S. copyright registrations for my clients. Furthermore, I help clients protect and enforce their valuable intellectual property rights, including, when necessary, via litigation in federal and state courts as well as in administrative tribunals such as the U.S. Trademark Trial and Appeal Board, the Board of Patent Appeals and Interferences, and the International Trade Commission.
My experience in patent prosecution includes mechanical, optical, computer, and electro-mechanical arts in which I have obtained hundreds of U.S. & international patents for my clients. I have also conducted dozens of patent non-infringement and validity analyses, trademark analyses and I have advised my clients with respect to copyright, trade dress, trade secret and domain name concerns.
My litigation experience includes copyright, trademark and patent infringement cases, from both the defendant's and the plaintiff's points of view. My cases have also included issues related to intellectual property, such as Unfair Business Practices and commercial disparagement.
I help clients improve their bottom line with their intellectual property. By way of a recent example, a well known national company purchased my regional client's patents and pending applications for nearly $20 million. In that case, I helped build the client's patent portfolio from scratch then assisted in its acquistion nearly 8 years later.
On the lighter side, I coach Little League and Travel Baseball teams and hope to develop our young boys into competitive gentlemen and to help them reach their God-given potentials on and off the baseball diamond.
*A South Carolina ethics opinion suggests that client testimonials are not permitted. However, AVVO will not remove testimonials because: "It is critical to Avvo’s independence and consumer credibility that attorneys not control whether reviews appear on Avvo. Accordingly, we do not delete reviews. As you can’t control whether reviews appear on your profile, there should be no issue with the SC Bar."
Languages spoken: German, English
Free consultation (20 minutes)
Cash, Check, Credit card
Are you an attorney? Endorse this lawyer
An extremely talented and well respected attorney in the legal community, I wholeheartedly recommend him to anyone looking for a lawyer who knows the law and truly cares about protecting the rights of his clients and getting them the most favorable result possible.
John O'Brien Personal injury Attorney
Relationship: Fellow lawyer in community
Bernie is a trusted counselor and advisor. Bernie has provided valuable patent advice to me and friends that I have referred to him. He is a pragmatic lawyer who focuses on solving problems and addressing issues before they become problems. Bernie is a true friend, an excellent attorney and a valuable asset to any team. I endorse Bernie's work.
Robert Porter Contracts and agreements Attorney
|Award name||Grantor||Date granted|
|3 Navy Achievement Medals||United States Navy||N/A|
|Joint Service Achievement Medal||Joint Chiefs of Staff||N/A|
|Joint Service Commendation Medal||Joint Chiefs of Staff||N/A|
|Member, Intellectual Property Attorney||Thrive IP||2014 - Present|
|Shareholder and IP Practice Group Leader||General Practice Law Office||2007 - 2014|
|Partner||Boutique IP law firm||2000 - 2007|
|Computer Systems Program Manager||DRS||1998 - 2000|
|Electro-optics Program Manager and Engineering Center Manager||SEMCOR||1994 - 1998|
|Naval Flight Officer||U. S. Navy, active and Reserves||1986 - 2006|
|Association name||Position name||Duration|
|American Intellectual Property Law Association||Patent litigation committee member; Mentor to new IP attorneys||2000 - Present|
|Carolina Patent, Copyright, and Trademark Law Association||N/A||2000 - Present|
|United States Naval Academy Alumni Association||Past President, Palmetto Chapter||2007 - 2009|
|Culp, Inc. v. Morgan Fabrics Corporation||Negotiated Settlement|
|McNamara v. COGNETIX, LLC||Negotiated Settlement|
|Southeast Sanctions, Inc., et al. v. National Association for Campus Activities, et al.||Confidential Pretrial Settlement|
|See all legal cases|
|South Carolina Bar CLE||PATENTING A SOFTWARE-RELATED INVENTION AFTER Alice Corp., ET AL.||2015|
|South Carolina Bar CLE||Intellectual Property in the Fast Lane||2014|
|Intellectual Property Today||Patent Troll Myths and the Law of Unintended Consequences||2013|
|Entrepreneur||Will the New Patent Law Kill the Garage Inventor and Startup?||2013|
|Law Firm Blog||Intellectual Property Blog||2013|
|Bloomberg Patent, Trademark & Copyright Journal||quoted in "Practitioners: Lose 'Loser Pays'"||2013|
|Portfolio Media (Law360)||Don’t Let Your Bottom Line Influence IP Protection||2013|
|Greenville Business Magazine||The America Invents Act: How Will Changes to the Patent Laws Affect Your Business?||2013|
|Bloomberg Law Reports||Why Is the U.S. Attempting to Mirror the Sickly European Patent System?||2011|
|Intellectual Property Law360||Patents And Collectivism: Snowballs In Hades?||2010|
|IP360||Patent Litigation: The Sport of Kings, and Microsoft Corp.||2009|
|IP360 & The Journal of Finance and Accounting||Capitalizing on Your Intellectual Property in An Uncertain Economy||2009|
|DRI - The Voice of the Defense Bar||Orphan Works: Finding a Home for a Copyrighted Work that Has “Lost” Its Author, or Theft in the Night?||2008|
|University of Baltimore School of Law||Law||JD - Juris Doctor||1998|
|U.S. Naval War College||Strategy & Planning||Certificate with Honors||1994|
|United States Naval Academy||general engineering/political science||BS - Bachelor of Science||1986|
|The Lawyer’s Swiss Army Knife Part I: Tools for Advising the Small Business Owner or Start-up:||Intellectual Property Issues in Employment Agreements||2015|
|Starting Your Medical Device Company – Designing, Developing and Prototyping||The IP Strategy - Think Around the Box||2015|
|Innoventure 2013||"Collaborage" - Manufacturing and Supply Chain Innovations||2013|
|Visiting Lecturer, University of West Florida||Copyleft, Mashup and Other Cutting Edge IP Issues||2009|
|April 16, 2009 Radio Interview||Capitalizing on Intellectual Property Rights||2009|
|Intellectual Property and Your Business, Florence Country Club||Intellectual Property and Your Business||2008|