From left to right, intellectual property attorneys Fred Burkhart, Matt Kendall, Tim Flory, Karl Ondersma, Terry Linn, and Don Gardner. Not pictured is Karla Charles, a paralegal with broad experience in trademarks and patents.
LEGAL NEWS PHOTO BY CYNTHIA PRICE
by Cynthia Price
Legal News
The attorneys at Gardner, Linn, Burkhart and Flory, LLP, pride themselves on covering all the bases.
And the U.S. News and World Report list of first-tier law firm for 2012-2013 confirms that they do. The firm is the only one in West Michigan to receive a first-tier ranking in all of the Intellectual Property categories recognized: Patent Law, Trademark Law, Copyright Law, Litigation-Intellectual Property and Litigation-Patent.
This was the second year the firm received that honor.
Comments partner Terry Linn, “For us, all of us, this isn’t a job, it’s a career — it’s a passion. And it’s something that we’re experts in, we’re not just practitioners, we live and breathe this stuff.”
“There are a number of factors we think contribute to our success,” adds partner Karl Ondersema. “The collegiality we have and the team environment we have working together on projects. We have a good brain trust here – it’s nice to have that core competency.”
The US. News and World Report partnership with Best Lawyers® results in rankings based on broad criteria, including evaluations from both clients and peers, and assessment of information formally submitted by the law firms themselves. The survey covers over 10,000 U.S. firms in 118 practice areas.
U.S. News and World Report Best Lawyers® also rates individual lawyers, including designating just one Lawyer of the Year in each significant U.S. geographic area categorized by practice. Don Gardner, Terry Linn and Fred Burkhart received Lawyer of the Year designations in Copyright Law, Trademark Law and Litigation-Patent, and Patent Law, respectively, for the Grand Rapids market. The Best Lawyer and Lawyer of the Year designations stem from peer surveys.
“I’d say a big part of our success is that we’re a firm that deals just with the Intellectual Property practice,” says Linn. “That means we’re very good at what we concentrate on doing, but it also means general law firms are comfortable referring to us. If during the case an issue comes up that’s not IP, we’ll immediately refer the client back to the original firm; we don’t try to overstep our bounds.”
Linn continues, “A lot of different law firms do IP work, generalized work, but usually a distinguishing factor is whether the law firm actually obtains patents for clients or not.”
All of the attorneys at Gardner, Linn, Burkhart and Flory started out with an undergraduate engineering degree, and most also worked in industry before attending law school.
Ondersma, who went to Calvin College, also has his Masters Degree in Mechanical Engineering from University of Michigan, and Tim Flory has a Mechanical Engineering Masters from Purdue University.
Linn adds, “Everyone here has a very solid educational base. They went to very good schools, and graduated very high in their classes, both in undergrad and law school.” The attorneys’ technical expertise covers the fields of electrical, electronics, aeronautical, controls, mechnical, structural, environmental, and clean energy.
Some of the current partners broke off from Price Heneveld in the 1990s to form a smaller firm. The current letterhead naming Gardner, Linn, Burkhart and Flory represents a 2011 reorganization, but many of the attorneys have worked together for years.
Don Gardner specializes in counseling and protection of IP rights, and is a registered patent attorney. With over four decades of experience, Gardner got both his undergraduate degree and J.D. from University of Michigan.
Lynn’s extensive experience includes counseling and procuring patents as well as IP litigation. He observes, “Karl and I do virtually all of the litigation for the firm, with assistance of the other attorneys. Litigation is something of a focused activity; it’s an acquired taste and you have to have the aptitude and desire.”
Lynn has represented clients in appeals in the Federal Circuit Court of Appeals in Washington DC and the Sixth Circuit Court of Appeals. He received his J.D. from George Washington University National Law Center in DC, and his mechanical engineering bachelors degree from Michigan State University.
In addition to continuing as a registered Professional Engineer, Fred Burkhart has extensive experience in procuring advanced technology patents. He, too, went to George Washington University for his law degree, after receiving his BS from the University of Dayton.
Tim Flory worked in the automotive industry before receiving his J.D. from the University of Michigan Law School. His practice emphasis is on U.S. and foreign patent and trademark procurement — although all the firm’s attorneys have proficiency in international IP, working with a network of foreign associates throughout the world.
Along with receiving the degrees noted above, Ondersma graduated first in his Michigan State University Law School class. He previously spent time as a Resident Engineer in Mannheim, Germany, among other positions.
Matt Kendall received his Juris Doctor from the Sandra Day O’Connor College of Law at Arizona State University, and is also a registered patent attorney, specializing in patent and trademark procurement.
Rounding out the team is paralegal Karla Charles, who is an associate member of the International Trademark Association, and spent ten years at Gerber Products Company specializing in IP.
Both Ondersma and Linn are glad to see a strong demand for their skills, but neither is of the opinion that any one factor contributes to that. “I think you’ll see a lot more of the incubator type of activity that’s making it a little easier for individuals to start up companies,” Linn says, “but the biggest factor is the resurgency of the Michigan economy in general.”
“West Michigan has an exciting innovative climate and culture, and is definitely far from stagnant,” Ondsema observes.
The firm is gearing up for changes in the IP field based on the America Invests Act, a major one of which takes effect March 16. (Look for more information in an upcoming Grand Rapids Legal News.) But Linn says, “That is primarily going to be dealt with by the patent attorneys – the companies developing new inventions probably will not change drastically, though it’s a little bit more motivation to pursue a patent sooner rather than later.”
Whatever comes up, the attorneys at Gardner, Linn, Burkhart and Flory are up to the challenge. “We’re working with the people and the products that are moving the economy, generating jobs and income, the cutting edge,” says Ondersma. “It really is an exciting field to be in.”
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