Luke is a registered patent attorney with the U.S. Patent and Trademark Office. He is a skilled intellectual property litigator with experience in each phase of litigation, from pre-suit investigations through trial. He handles a wide range of complex matters, including patent, trademark, trade secret, copyright, and other business-related disputes. Luke has successfully represented clients in state and federal court, in front of the Court of Appeals for the Federal Circuit, and in front of the International Trade Commission. He has also effectively challenged and defended the validity of his clients’ patents in post-grant proceedings, serving as counsel in more than two dozen inter partes review proceedings (IPRs) before the USPTO and effectively using ex parte reexaminations to challenge the validity of patents asserted against his clients. He also handles patent prosecution.
Luke has experience in a broad range of technologies, including 3D printing, adjustable air beds, medical devices, refrigeration, firearms, food compositions, illumination, software and user interface technology, data storage, packaging and shipping machinery, hydraulic fracturing and oil rig mechanics and other mechanical and electrical inventions.
- Representing multiple clients in ongoing challenges in U.S. District Court and inter partes review (“IPR”) proceedings before the United States Patent and Trademark Office (“USPTO”).
- Successfully defended client against gastrointestinal medical device patent infringement and trade secret claims in U.S. District Court.
- Successfully defended client against spinal fusion medical device patent infringement claims.
- Represented client facing multiple IPR petitions on six different holiday consumer product patents, succeeded in having the validity of every claim upheld.
- Successfully used IPR proceedings to invalidate claims across multiple consumer product patents asserted against client in U.S. District Court.
- Defended bedding manufacturer from IPR challenges, which successfully resulted in preserving the validity of all three challenged patents.
- Successfully used IPR procedures to secure rare grant of newly amended claims, in addition to upholding the validity of original claims, in multiple IPR proceedings.
- Represented client in successfully asserting its mechanical and source code patent rights in an infringement case in U.S. District Court.
- Represented client in asserting its patent ownership rights and trade secret misappropriation claims in U.S. District Court.
- Secured multiple victories using the recently launched Amazon Patent Neutral Evaluation program based upon showing the products were likely to infringe client’s patents, resulting in the removal of competitor products from being offered for sale on Amazon.com.
Before Fox Rothschild
Prior to joining Fox, Luke was an associate in the Minneapolis office of an intellectual property boutique firm. He was previously part of the intellectual property group at a large full-service firm in Minneapolis.
Beyond Fox Rothschild
Luke serves as a volunteer for the Advocates for Human Rights, providing pro bono representation to individuals seeking asylum.
Luke also coaches a nationally ranked IP Moot Court team for the University of St. Thomas Law School.