Todd P. Blakely
Todd’s practice involves all aspects of intellectual property including the preparation, prosecution, and litigation and licensing of domestic and international patent, trademark and copyright matters.
With over 30 years of experience, Todd regularly manages intellectual property litigation, mediation, and dispute resolution, licensing of domestic and international patent, trademark and copyright rights, and freedom to operate, non-infringement and invalidity opinions. As manager of the intellectual property portfolios of some clients, Todd also handles preparation and prosecution of patent and trademark rights – developing value-oriented intellectual property portfolios for clients in diverse fields.
Todd’s diverse roster of clients includes electronic hardware manufacturers, access control equipment manufacturers, including RFID, electronic and mechanical security systems and devices, and oil and gas exploration and recovery equipment manufacturers. He also works with banking institutions, cellular equipment, and system providers, entertainment content distribution companies, medical and surgical device manufacturers, international travel and tour operators, photography service providers, personal care product manufacturers, sport eyewear companies, and hospitality companies.
Illinois Institute of Technology/ Chicago Kent College of Law (J.D., with honors, 1983)
Purdue University (B.S., Engineering, 1980)
- Intellectual Property in Employment
- Intellectual Property Litigation
- Patent Office Post Grant Proceedings
- Patent Prosecution
- Trade Secrets and Confidentiality
- Electrical Engineering
- Green Technology
- Mechanical Engineering
United States Patent and Trademark Office, 1983
United States District Court, District of Colorado, 1989
United States Court of Appeals for the Federal Circuit, 1989
United States Court of Appeals for the Tenth Circuit, 1995
United States Supreme Court, 2000
Mr. Blakely believes lawyers should be active in and support their communities. He is a former President of the Board of Directors for The Legal Center for Persons with Disabilities and Older People (now Disability Law Colorado) – Colorado’s federally designated protection and advocacy system. He is also a founder and Board Vice President of Sports Made Possible, an organization that built and maintains an adaptive sports field and runs baseball leagues for individuals with disabilities.
Presentations and Publications:
- Speaker: “Marijuana and Cannabis Update;
- the intersection between cannabis and IP law
- state and federal cannabis litigation and the application of those decisions to cannabis IP rights
- state and federal cannabis regulatory law changes as a result of the 2016 election,” Rocky Mountain IP and Technology Law Institute, Westminster, Colorado, June 2017.
- Speaker: “Commercialization of Marijuana: An Update,” 14th Annual Rocky Mountain Intellectual Property & Technology Law Institute, Colorado Bar Association Continuing Legal Education, June 2, 2016.
- Speaker: “Intellectual Property and Marijuana Legalization,” CLE International Conference on Recreational Marijuana, April 12, 2016.
- Speaker/Panelist, “The Intersection of Intellectual Property and Cannabis,” at the Cannabis Business, Law and Ethics: Counseling the Entrepreneur Conference, Cardozo Law School, April 23, 2015.
- Patent Litigation: Cases Present Unique Challenges to Juries, Litigators: Law Week Colorado, May 15, 2017
- Blakely recognized by Best Lawyers in America 2017 Read more…
- Fed Circuit Recognizes Patent-Agent Privilege, Law Week Colorado, March 21, 2016 — Blakely quoted in story highlighting the majority opinion issues in early March 2016
- Blakely recognized by Best Lawyers in America 2016 Read more…
- Todd Blakely provides his perspective the challenges legalized marijuana is playing in the world of IP — Law Week Colorado April 20, 2015.
- Todd Blakely Recognized by Best Lawyers in America 2015. Read more.
- Aug. 19, 2014 — Four attorneys from Sheridan Ross P.C., a Denver-based Intellectual Property law firm, were listed in The Best Lawyers in America® 2015 in the areas of Copyright Law, Trademark Law, IP Litigation and Patent Law.
WCM Industries v. IPS Corp., (W.D. Tenn) — Trial counsel for plaintiff in a patent infringement action involving multiple patents related to bath waste and overflow products. Following two-week jury trial, received a jury verdict in favor of plaintiff on all claims asserted, including a finding of willful infringement by defendant. Successfully defended against counterclaims of invalidity and non-infringement.
Court granted request to enhance the jury’s damage award due to willful infringement. Court found that: “based on the egregious nature of IPS’s conduct, that treble damages are appropriate.” Court trebled amount to more than $4.1 million.
OraLabs, Inc. v. The Kind Group LLC and EOS Products LLC, (D. Colo.) — Counsel for declaratory judgment plaintiff OraLabs in action for trade dress and deisgn patent infringement.
Loughlin v. Ling et al (Fed. Cir.) — Counsel for Appellees in action affirming lower tribunal.
Robert Sauber v. Professional Bull Riders, Inc., (N.D. Ill.) — Counsel for defendant in a declaratory judgment action involving claims of trademark infringement, deceptive trade practices and unfair competition.
eBags, Inc. v. Godwin Ude and Kingdom Assets, (D. Colo.) — Counsel for plaintiff in an action for trademark and trade dress infringement and unfair competition.
Molycorp Minerals, LLC v HaloSource, Inc., (D. Colo.) — Counsel for plaintiff in an action for breach of contract. Misappropriation, fraudulent representation and ownership of intellectual property.
Kikkerland Design, Inc. v. Foldz, LLC et al. (D. Colo.) — Counsel for defendants in an action for patent infringement, breach of contract and antitrust involving folding step stools.
The Kong Company, LLC v. Ottosson et al. (D. Colo.) — Counsel for plaintiff in declaratory judgment action for non-infringement and invalidity of patent directed to interactive pet toy.
Drussel Wilfley Design, LLC v. Rekluse Motor Sports, Inc. et al. (D. Colo.) — Counsel for plaintiff in action for infringement of patents directed to automatic clutches for motorcycles.
Alpine Banks of Colorado v. Alpine Dank LLC et al. (D. Colo.) — Counsel for plaintiff in action for infringement of ALPINE BANK trademark and unfair competition.
Managing IP Stars, 2015-2018
IAM Patent 1000, 2015-2018
Best Lawyers®, 2014-2023 (Lawyer of the Year – Patent Law, 2018, 2023)
Colorado Super Lawyers, 2010-2023; Top 100 Attorneys, 2016-17
Martindale-Hubbell AV® Preeminent™ Rated