Patrick D. Ertel is recognized as one of the world's leading IP strategists for major corporations and technology-based start-ups. He has experience in diverse industries, most recently focusing on companies in the medical devices, consumer products and internet photo services fields. His ability to successfully protect and defend intellectual property for these companies is grounded in over 35 years of practice. He also has extensive experience utilizing unique and effective licensing practices and achieving advantageous resolution of critical disputes. Relying on Mr. Ertel's cost-effective methods for intellectual property portfolio development and management, his clients extract full value from their portfolios.
Recent Client Work:
Steered a major medical device client, who was introducing a fundamentally new catheter into the marketplace, around potential intellectual property barriers to entry. Mr. Ertel overcame likely serious freedom-to-operate issues through design considerations and pursuit of successful oppositions and litigation in Europe. In addition, he secured broad patent protection on important features of the new catheter so the client could gain an exclusive market position following product introduction.
Directed the licensing of patent rights in the Internet photo services field to secure a maximum return on investment for the original inventors and investors in a technology-based start-up. The patent rights were developed and led to a successful beta test with a major corporation. Unfortunately, the original inventors and investors did not succeed in developing their start-up business. However, Mr. Ertel's licensing initiative has generated over $12M in licensing revenue from the patent rights, thereby extracting significant value from the technology developed by the start-up.
Representative Experience:
Mr. Ertel has handled matters in a wide variety of products and services including:
Medical devices and surgical equipment;
Consumer products;
Internet photo services;
Aerospace systems and components;
Bindery systems and equipment;
Printing presses;
Concrete forming systems and components;
Automotive and agricultural drive systems;
Vibratory processing equipment;
Faucets and valves;
Fiber optics.
Background and Credentials:
Patrick D. Ertel brings significant experience in nearly every aspect of litigation, prosecution and opinion work to the table as he strategically counsels clients. In recognition of that expertise, Intellectual Asset Management magazine recently named him to the IAM 250 as one of the World's Leading Intellectual Property Strategists.
Along with his recent work for companies in the medical devices, consumer products and internet photo services fields, Mr. Ertel has also focused on intellectual property dispute resolution on behalf of indemnified parties, including major retailers and wholesalers. He regularly negotiates and prepares technology-related agreements for licensors and licensees, with the aim of extracting maximum value for his clients from their intellectual property. In addition, he advises on non-disclosure and employment agreements, and counsels on all manner of patent, copyright and trademark related matters and mediates patent infringement disputes.
Mr. Ertel has written numerous articles on technology transfer focusing on the philosophical and ethical issues which can facilitate the implementation of effective license agreements. These issues are less frequently considered by most practitioners in technology transfer practice, but they can foster the strongest possible business relationships by placing fairness at the heart of each deal.
He has achieved the highest rating for legal ability in Martindale-Hubbell. Mr. Ertel has been recommended by peers as a Leading Lawyer, and was voted an Illinois Super Lawyer.
A 1970 cum laude graduate of the University of Notre Dame, Mr. Ertel was awarded a J.D. degree, cum laude, from the Northwestern University School of Law.