FacultyFaculty/Author Profile

Robert W. Unikel

Kaye Scholer LLP

Chicago, IL, USA


Robert W. Unikel has tried patent and trade secret cases involving such varied products as thin film transistors, LCD panels, vascular stents, compiling computer software, office products, baby strollers, minicell vaccines, anti-aging cosmetics and casement window operators, and such diverse business methods as a method for implementing consumer rewards programs, a method for configuring products through an electronic interface, and a method for automatically executing securities and derivatives trades. Additionally, Robert has unique experience in successfully defending against claims of false patent marking under 35 U.S.C. §292. He has managed disputes involving various well-known trademarks and has litigated numerous trade dress matters implicating product and packaging designs and non-traditional source indicators (including color and scent).

Robert has handled appeals to the Federal Circuit Court of Appeals and to the United States Supreme Court. Further, he regularly counsels businesses and individuals on intellectual property development, protection, and licensing strategies.

In addition to speaking frequently on issues relating to intellectual property litigation, Robert is the author of "Protecting Inventors, Not Fortune-Tellers: The Availability of Patent Protection for After-Developed Technologies," 84 American Intellectual Property Law Association Quarterly Journal 81; "Better by Design: The Availability of Trade Dress Protection for Product Design and the Demise of Aesthetic Functionality," 85 Trademark Reporter 312; and "Bridging the Trade Secret Gap: Protecting Confidential Information Not Rising to the Level of 'Trade Secrets,'" 29 Loyola University of Chicago Law Journal 841, each of which has been cited extensively by courts and commentators.



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