Theodore J. Long

Theodore J. Long joined the firm in 1961, and has specialized full time in the area of intellectual property law. His practice covers the entire range of patents, trademarks, copyrights, unfair competition, licensing and client counseling in these areas. He has also practiced extensively before the various Federal District Courts, and before the United States Court of Federal Claims, the Federal Circuit Court of Appeals and the United States Supreme Court. He has long held an AV®* rating by Martindale-Hubbell, its highest level of legal expertise and professional reputation, as rated by his professional peers.

Mr. Long was plaintiff's lead counsel in Penda Corp. v. The United States and Cadillac Products, Inc., in the United States Court of Claims, and on appeal to the Federal Circuit Court of Appeals (cert. denied by the U.S. Supreme Court) wherein his client received a seven figure award of damages for unauthorized use by the United States Postal Service of Penda's patent rights to a unique plastic pallet. The patent had been obtained for Penda by the firm under Mr. Long's direction. The postal contract award for the unauthorized pallets was reported, at that time, to be the largest contract in the history of the twin sheet thermoformed plastic industry.

Long and other members of the Lathrop & Clark legal team, obtained a favorable claim interpretation and a summary judgment of no literal infringement from Judge Shabaz of the Federal District Court of the Western District of Wisconsin, in the case of Kraft v. ITC. That judgment was upheld on appeal by the Federal Circuit though the case was remanded for trial on issues of fact relating to the question of infringement under the Doctrine of Equivalents, and has since settled.

Mr. Long is a past Chairman (1970-71) of the Patent, Trademark and Copyright Section of the State Bar of Wisconsin, and a past President (1987-88) and two-time Director of the Wisconsin Intellectual Property Law Association, and is a member of the Dane County and American Bar Associations, the American Intellectual Property Law Association and the Bar Associations of the Seventh Federal Circuit, the Federal Circuit and the Western District of Wisconsin. He currently serves as Chairman of the Court Rules, Practice and Procedure Committee of the Western District Bar Association.

Mr. Long has also been very active in Madison civic affairs, having served as President or Chairman of The United Way of Dane County, Madison Downtown Rotary Club, Madison Rotary Foundation, Madison Community Foundation, Methodist Hospital and Methodist Hospital Health Services, Inc., Meriter Hospital and Meriter Health Services, Inc., and as a Director and Secretary of Physicians Plus Insurance Corp.

Long received a B.S. degree in Mechanical Engineering from the University of Wisconsin, and an LLB degree from the University of Wisconsin Law School. He is admitted to patent practice before the U.S. Patent and Trademark Office.

*AV® is registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.

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