A. Justin Poplin

Principal
913-303-3841
JPoplin@Avant.law

Justin Poplin is a registered patent attorney and a founding member of Avant Law Group. He served as Chair of the Intellectual Property Prosecution & Transactions department in a national law firm from 2013 to 2016.

Companies of all sizes – from large multi-national corporations to startups – rely on Justin’s legal advice on patent, trademark, copyright, trade secret, licensing, and confidentiality issues. And many clients utilize Justin as outside general counsel because he efficiently prevents and solves problems in ways that minimize disruption to their businesses. He has been the lead patent attorney in litigated matters and has prepared and conducted inter partes reviews, inter partes and ex parte reexaminations, supplemental examinations, and broadening and narrowing reissues. He has aided clients with obtaining, enforcing, licensing, invalidating, and avoiding infringement of patents and trademarks in a wide range of technologies, and he is responsible for managing intellectual property portfolios globally.

Justin argued and won some of the earliest inter partes review (IPR) cases, including one case against a large Johnson & Johnson subsidiary and another case representing Munchkin, and his docket has over 75 IPR cases. The Munchkin case is the first case invalidating a design patent through IPR. He has also successfully argued appeals at the U.S. Court of Appeals for the Federal Circuit. Audio recordings of Federal Circuit appearances on behalf of Munchkin and Shinn Fu Company of America can be accessed here and here.

Industry groups, business incubators, schools, and law organizations frequently invite Justin to present on legal issues since he conveys complex topics in plain English. He has taught the fundamentals of intellectual property law to over eight hundred business professionals.

Example technologies include aircraft components and systems; alcohol monitors; alternative-fuel engines; automotive components and systems; automotive repair equipment; baby products; computer software; elevators; force dispersion; games and sporting equipment; glass anti-break; hair accessories; hardware; hunting and fishing equipment; HVAC; hydraulic lifting devices; injection-molding; jewelry; kitchenware; lawn/turf care; medical devices; oil and gas; pharmaceutical dispensers; plumbing devices; power generation; power tools; printing equipment; shoes; structural building components; theft-deterring devices; and trailers.

Justin wrote and prosecuted the patent portfolio for a company that developed an industry-leading video-content and recommendation engine. The company was later acquired by Hulu.

Comments

“We were being sued, and because of that, we couldn’t sell equipment to a vendor. And I asked him to call them. And he did it. The next day they pulled the suit! Others I have worked with at other firms would just have dragged things out. The others weren’t capable of doing what Justin did.” -Business Owner, Client

“I just wanted to let you know that I thought you gave one of the best presentations I saw yesterday at the convention. You were perfectly clear and direct.” -Business Owner, Conference Attendee

“Your presentation was the most lucid explanation of intellectual property that I’ve heard in fifty years.” -Corporate Attorney

Clerkship

Law clerk for Administrative Patent Judge John McQuade at the United States Patent & Trademark Office Board of Patent Appeals and Interferences, 2003

Education

University of Georgia School of Law, J.D., cum laude, 2004
University of Kansas, B.S., Mechanical Engineering, 2001

Court Memberships

U.S. Patent & Trademark Office
District of Columbia
Georgia
Kansas
Missouri
Texas
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Eastern District of Arkansas
U.S. District Court for the Western District of Arkansas
U.S. District Court for the District of Colorado
U.S. District Court for the Middle District of Georgia
U.S. District Court for the Northern District of Illinois
U.S. District Court for the District of Kansas
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Missouri

Honors

Martindale-Hubbell “Peer Reviewed,” 5.0/5.0
Managing Intellectual Property magazine’s “IP Stars,” 2013-2021
Super Lawyers, 2018-2020
Super Lawyers “Rising Stars,” 2012-2017
National Law Journal “IP Trailblazer,” 2016
Missouri Lawyers Weekly’s 2016 Up & Coming class
Pi Tau Sigma National Mechanical Engineering Honor Society
Order of the Engineer
Order of Omega National Honor Society
Golden Key International Honor Society
Numerous merit scholarships, including: UGA Law School Scholarship; Summerfield Scholarship; N.T. Veatch Scholarship; Long Scholarship; Robert M. Carey Scholarship; Wesley G. Cramer Scholarship; Mechanical Engineering Department Award; Chemical Engineering Department Award

Professional Affiliations

Specialty Equipment Market Association (SEMA), 2014 – Present; SEMA Emerging Trends and Technology Network (ETTN)
American Intellectual Property Law Association (AIPLA)
American Society of Mechanical Engineers
Georgia Bar Association
Kansas Bar Association, Intellectual Property Section, Executive Committee (2007-2016); Intellectual Property Section, President (2009-2010); Intellectual Property Section, President Elect (2008-2009); Intellectual Property Section, Secretary/Treasurer, (2007-2008)
The Missouri Bar

Community Involvement

University of Kansas, Advancement Board, Member, 2014 – Present
University of Missouri-Kansas City, Henry W. Bloch School of Management, Regnier Institute for Entrepreneurship and Innovation, Mentor, 2012 – Present
Phi Sigma Chi Foundation, President, 2009 – Present
University of Kansas, Alumni Association, Member
University of Georgia, Alumni Association, Member

Publications

Referenced in, Staff Report, Ex-Lathrop GPM Attorneys Form New IP Firm in Kansas, Missouri Lawyers Weekly, May 1, 2020
Referenced in, Chris Adams, Three Lathrop GPM Attorneys Leave to Start IP Boutique, IP Stars News and Analysis, April 20, 2020
Referenced in, Rick Mitchell, Business & Practice, Bloomberg Law, April 17, 2020
Quoted in, Mike LaSusa, Lathrop Trio Depart BigLaw to Found New IP Firm, Law360, April 16, 2020
Quoted in, James Dornbrook, Three Lathrop GPM Attorneys Leave to Form New IP Firm, Kansas City Business Journal, April 16, 2020
Referenced in, Tiffany Hu, AI Co. Says It’s Been “Wrongly Accused” of Harassing IP Attorney, Law360, April 14, 2020
Referenced in, Tiffany Hu, PTAB Panel Won’t Budge on Having Pending Trials Stop IPRs, Law360, April 7, 2020
Referenced in, Tiffany Hu, AI Co. Accused of Inciting Death Threats Wants Out of IP Suit, Law360, March 24, 2020
Referenced in, Tiffany Hu, Status of District Court Case Shouldn’t Affect IPRs, Precedential Opinion Panel Told, Law360, March 11, 2020
Author, Trademark Usage Guide, Lathrop & Gage, 2011, 2017
Referenced in, Matthew Bultman, Fed. Cir. Tosses Rare Patent Amendment Win at PTAB, Law360, July 3, 2017
Hissan Anis and Justin Poplin, Recent Federal Circuit Decision Could Change the Game for Inter Partes Review Petitions, Lathrop & Gage Client Alert, January 2017
Quoted in, David Baugher, A. Justin Poplin – Department Chairman, Intellectual Property, Lathrop & Gage, Kansas City, Missouri Lawyers Weekly, October 12, 2016
Referenced in, Catherine Martin, Missouri Lawyers Weekly Honors Up and Coming Lawyers, Missouri Lawyers Weekly, October 7, 2016
Referenced in, Staff Report, Meet the Up & Coming Lawyers of 2016, Missouri Lawyers Weekly, August 10, 2016
Referenced in, Michael Macagnone, Amended Sobriety Test Patent Still Nothing New, PTAB Says, Law360, May 5, 2016
Quoted in, Kelly Knaub, PTAB Grants Rare Motion to Amend Claims in AIA Review, Law360, April 26, 2016
Co-Author, New Rules For Patent Validity Challenges: What You Need to Know, Lexology, April 5, 2016
Referenced in, 2015 Year in Review: Patent Litigation, Top Attorneys in the PTAB, Docket Navigator Analytics, 2016
Quoted in, Erin Coe, Fed. Cir. Fortifies PTAB Against Constitutional Attacks, Law360, December 2, 2015
Referenced in, Vin Gurrieri, High Court Nixes Appeal of 1st AIA Design Patent Ruling, Law360, November 2, 2015
Referenced in, Vin Gurrieri, Parties in 1st AIA Design Patent Case Spar at High Court, Law360, October 7, 2015
Referenced in, Aebra Coe, PTAB Launches Review of Magna’s Car Imaging System Patent, Law360, October 7, 2015
Author, What You Need to Know About Inter Partes Review Proceedings, American Chemical Society National Meeting, August 2015
Quoted in, Vin Gurrieri, 1st Design Patent AIA Ruling Appealed to High Court, Law360, August 26, 2015
Referenced in, Michael Loney, Data: PTAB Petitioners, Patent Owners and Law Firms in the First Half of 2015, Managing Intellectual Property, July 20, 2015
Quoted in, Y. Peter Kang, Fed. Cir. Won’t Review Its 1st Design Patent AIA Ruling, Law360, June 17, 2015
Quoted in, Brandon Lowrey, Fed. Cir. Urged to Review Its 1st Design Patent AIA Ruling, Law360, May 12, 2015
Author, Inter Partes Review: How This Year’s Hot Topic Could Revolutionize Your Business, Lathrop & Gage Client Alert, April 2015
Quoted in, Vin Gurrieri, Fed. Cir. Affirms PTAB in First Design Patent AIA Review, Law360, April 14, 2015
Referenced in, David McAfee, USPTO Invalidates Luv N’ Care’s Sippy Cup Design Patent, Law360, April 22, 2014
Co-Author, 2014 World Cup: Precautions for Brand Owners, Lathrop & Gage Client Alert, February 2014
David Benck and Justin Poplin, Protecting Your IP Assets In The Digital Age, ACC Docket, September 2013
Quoted in, Saabira Chaudhuri, Small Talk, The Wall Street Journal, April 29, 2013
Author, First-Inventor-to-File System Becomes Effective March 16, 2013, Lexology, February 27, 2013
Gerald M. Kraai and A. Justin Poplin, Royalties for Infringement Before a Patent Issues, National Law Journal, October 2011
Author, America’s New Patent System – An Overview of the America Invents Act, Lathrop & Gage Client Alert, October 2011
Co-Author, False Patent Marking, Lexology, January 14, 2010
Author, Avoiding False Patent Marking Claims, Law360, October 9, 2009 (cited by the Court of Appeals for the Federal Circuit in the influential case Forest Group, Inc. v. Bon Tool Co., 590 F.3d 1295, 1303 (Fed. Cir. 2009))
Author, Board of Patent Appeals and Interferences (BPAI) Trends, KBA IP Section Newsletter, Spring 2009
Quoted in, Dave Toplikar, First Class of All-Stars Finds Diverse Paths, Lawrence Journal World, March 18, 2007
Author, The Rule Against Recapture in Reissues: An Interpretation of Ex Parte Eggert, 86 JPTOS 972, 2004

Presentations

Speaker, Identifying and Protecting Intellectual Property, University of Missouri-Kansas City, Henry W. Bloch School of Management, Kansas City, MO, February 2021, September 2020, February 2020, October 2019, January 2019, October 2018, September 2018, April 2018, March 2018, February 2018, October 2017, March 2017, September 2016, May 2016, February 2016, September 2015, April 2015, September 2014, June 2013, June 2012
Speaker, Copyright Issues for Artists, Kansas City Art Institute, Kansas City, MO, March 2020
Speaker, Intellectual Property Fundamentals for the Executive MBA, University of Missouri-Kansas City, Henry W. Bloch School of Management, Kansas City, MO, December 2019, December 2018
Speaker, Patent Issues for Makers and Creators, Global Entrepreneurship Week Kansas City (GEWKC), Kansas City, MO, November 2019
Speaker, Intellectual Property 101 for Makers and Creators, Global Entrepreneurship Week Kansas City (GEWKC), Kansas City, MO, November 2019, November 2018
Speaker, Open Source Licensing, University of Missouri-Kansas City, Henry W. Bloch School of Management, Kansas City, MO, September 2019
Speaker, Engineering Law: Intellectual Property Fundamentals, Halfmoon Education, Overland Park, KS, November 2018
Speaker, Trade Secrets and Nondisclosure Agreements, Collegiate Entrepreneurs’ Organization National Conference, Kansas City, MO, November 2018
Speaker, Important Legal Issues to Consider in Product Design & Development, The American Society of Mechanical Engineers (ASME), International Design Engineering Technical Conferences (IDETC), Quebec City, Canada, August 2018
Panelist, Strategies for Protecting Environmental Innovation and Your Company’s Brand, Air & Waste Management Annual Conference, Hartford, CT, June 2018
Speaker, Legal Issues and Common Pitfalls Faced by Start-Ups, University of Kansas, KU Innovation and Collaboration (KUIC) & Bioscience and Technology Business Center (BTBC), Lawrence, KS, November 2017
Speaker, New Product Design: Protecting Intellectual Property, University of Missouri-Kansas City, Henry W. Bloch School of Management, Kansas City, MO, October 2017
Speaker, Advanced Patent Topics for Entrepreneurs, Kansas City, MO, November 2015 (with Christal Sheppard, Director of the U.S. Patent and Trademark Office in Detroit, Michigan)
Speaker, Patents: Your Automotive Products in a Changing World, 2016 SEMA Show (Specialty Equipment Market Association), Las Vegas, NV, November 2015
Speaker, Intellectual Property 101, Collegiate Entrepreneurs’ Organization National Conference, Kansas City, MO, November 2015
Speaker, Inter Partes Review: Practice & Update, American Chemical Society National Meeting, Boston, MA, August 2015
Moderator, The AIA Has Passed…Now What?, San Jose, CA, May 2014
Speaker, Identifying and Protecting Intellectual Property, Shelton, CT, April 2014
Speaker, Post-Grant Trial Proceedings in the Patent Office, John Marshall Law School IP Conference, Chicago, IL, February 2014
Moderator, What Chief IP Counsel Want (and Do Not Want) from Outside Counsel, Scottsdale, AZ, June 2013
Speaker, Implementation of the AIA: Inter Partes Proceedings, Lawyers Association of Kansas City: Intellectual Property Continuing Legal Education, Kansas City, MO, January 2013
Moderator, Doing More with Less: Winning Cost Optimization Strategies for Your IP Department, San Antonio, TX, July 2012
Speaker, IP Triage for the Non-IP Attorney, Association of Corporate Counsel, Kansas City, MO, February 2012
Speaker, Restriction & Election Practice, State Bar of Nevada: 2011 Intellectual Property Conference, Las Vegas, NV, October 2011