Stuart R. Hemphill
PEOPLE

Stuart R. Hemphill

Partner
hemphill.stuart@dorsey.com

Overview

STU PRACTICES IN THE AREA OF INTELLECTUAL PROPERTY, INCLUDING ACQUISITION OF PATENT, TRADEMARK, COPYRIGHT AND TRADE SECRET RIGHTS AND DISPUTES, GENERAL ADVISING AND TRANSACTIONS INVOLVING THESE ASSETS.

Stu is a partner in the Intellectual Property and Technology Group. His practice also includes licensing and other transfers of technology and intellectual property rights, particularly for computer hardware and software businesses, publishing/entertainment businesses and authors; and disputes concerning intellectual property rights and unfair competition.

Education & Admissions

University of Illinois (A.B., Political Science, with honors; B.S., Electrical Engineering, with highest honors, 1970), Elektrotechnik study 1968-69 at Technische Universität München (exchange program)

University of Michigan (M.A., Computer and Communication Sciences, 1972)

University of Michigan Law School (J.D., 1975), cum laude, Staff Member, University of Michigan Journal of Law Reform, 1973-1974

Admissions

  • Minnesota
  • United States Patent and Trademark Office

Experience

  • Due diligence for large patent portfolio involved in medical device acquisition
  • Due diligence and representation and warranty and IP assignment drafting for software business acquisition in construction field
  • Management of US application filing and prosecution for Europe-based medical device company
  • Open source compliance analysis for software developer in data analysis field
  • Second chair on trial team in case establishing copyright protection for psychological assessment product, the Minnesota Multiphasic Personality Inventory (MMPI), protecting scale definitions and scoring data, as well as the test “questions,” see Applied Innovatons, Inc. v. Regents of the University of Minnesota and National Computer Systems, Inc., 876 F.2d 626 (8th Cir. 1989)

News & Resources

Articles

Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing
Supreme Court Hears Argument in Aereo Case re Bringing Broadcast TV to the Internet
Mandated Simplification of Patent Litigation - Judicial Trends and a new Model Order
Minnesota’s Angel Tax Credit: “Proprietary Technology” Requirement
The Likely Impact of "MGM v. Grokster" (and an Australian Echo) on Technology Companies
You Acquired Trade Secret Assets. Now, Can You Enforce Them?, Dorsey Intellectual Property Update

News & Press Mentions

51 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2018 and 2018 Lawyers of the Year
Twelve Dorsey Attorneys Named 2017 IP Stars
Dorsey Nationally Ranked and Named Trademark Law Firm of the Year by "U.S. News – Best Lawyers" Best Law Firms
48 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in The Best Lawyers in America 2017 and 2017 Lawyers of the Year
Thirteen Dorsey Attorneys Named 2016 IP Stars
45 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in "The Best Lawyers in America®" 2016 and "Best Lawyers of the Year"
Nine Dorsey Attorneys Named 2015 IP Stars
Eight Dorsey Attorneys Named 2014 IP Stars
Dorsey Named One of Top Trademark Firms
Nine Dorsey Attorneys Named 2013 IP Stars
Dorsey & Whitney Named 2013 KMWorld Reality Award Finalist
Dorsey IP Practice and Lawyers Rank High in 2013 Managing Intellectual Property Handbook

Events & Speaking Engagements

Seminar Playback: FinTech — Perspectives and Legal Issues
Dorsey Partners Liz Buckingham and Stuart Hemphill Discuss IP Due Diligence in M&A Transactions, Computer Law Institute, Minnesota State Bar Association
“Software Patents,” Patent Resources Group, 2-1/2 day course in Florida, Washington, DC and California, co-taught with two colleagues (2001-to date; recent focus on Section 101 cases)

Select Presentations

  • “Software Issues In Business Acquisitions,” with Apur Patel of United Healthcare, 2011 Computer Law Institute, Minnesota State Bar Association
  • “Business Methods Patents for the Non-Patent Attorney” 2001 Computer Law Institute, Minnesota State Bar Association
  • "Intellectual Property in Business Acquisitions," presented at Insight Information, Inc. seminar on Negotiating License Agreements - New York, Chicago, Washington, DC, San Francisco (1997-2000)
  • "Intellectual Property Issues In Asset And Share Purchases: Representations, Warranties, And Due Diligence," presented at American Conference Institute Seminar, Licensing and Other Intellectual Property Transactions - New York, San Francisco, Chicago (1995-1999)
  • "Protecting Software, Let Us Count the Ways," presented at Dorsey & Whitney Corporate Symposium VII (1996)

Industries & Practices

  • Asia-Pacific
  • Educational Publishing, Technology & Services
  • Emerging Companies
  • Health Care
  • Mergers & Acquisitions
  • Patent Prosecution, Portfolio Strategy & Management
  • Technology Commerce
  • Trademark, Copyright, Advertising & Brand Management

Professional & Civic

Professional Achievements

  • Member, Minnesota Intellectual Property Law Association
  • Member, American Intellectual Property Law Association
  • Member, Minnesota State Bar Association, Computer Law Section
  • Member, Hennepin County Bar Association
  • Past Board President and Board of Directors member, Minnesota Film Center/University Film Society (1981-2002)
  • Adjunct Professor, Copyright Law, William Mitchell (now Mitchell-Hamline) College of Law, 1976-1979

Accolades

  • Listed in Best Lawyers in America© for Intellectual Property Litigation, 2016-2018
  • Recognized as an “IP Star” in 2013-2017 by Managing Intellectual Property Handbook
Stuart R. Hemphill