Inventors, entrepreneurs and companies face significant obstacles navigating the patent and trademark process. As a U.S. registered patent attorney and former Patent Examiner at the U.S. Patent and Trademark Office (USPTO), Luke has special training into the interpretation and application of intellectual property laws and regulations.
This expertise helps his client’s achieve meaningful patent and trademark protection, both domestically and internationally. Luke’s practice also includes intellectual property litigation with a focus on scientific claims and technical evidence. As a law clerk for the Honorable Mark W. Bennett, Luke acquired an inside view of the federal court system as he participated frequently in courtroom proceedings and honed his legal research and writing skills. With this background Luke excels in brief writing, where he has experience in all major aspects of intellectual property litigation. Past work at the U.S. Capitol further trained him to carefully analyze federal laws and appreciate their underlying basis for passage. In Congress, Luke served as Legislative Counsel to a U.S. Congressman from Iowa, aiding the Congressman with his assignment to the U.S. House of Representatives Committee on the Judiciary. This real-world experience at the USPTO, the U.S. District Courts, and at the U.S. Capitol provides Luke with a unique set of skills that helps his regional and national clients attain positive results in safeguarding their intellectual property rights.
As a member of the firm’s Intellectual Property and Litigation Practice Groups, Luke has extensive experience with U.S. utility and design patent preparation and prosecution, patentability, invalidity and freedom-to-operate opinions, including international patent practice under the Patent Cooperation Treaty (PCT) and Hague Agreement for industrial designs. Luke is also well versed in trademark preparation and prosecution in the U.S. and internationally under the Madrid System, and includes due diligence searches for trademark-ability and trademark infringement assessment. When his client’s intellectual property rights appear threatened or they receive a cease and desist letter, Luke investigates the merits of any infringement, works with the client to craft a cost-efficient response strategy, and if needed, defends his client’s intellectual property rights through litigation in federal court or in administrative trial proceedings before the USPTO.
Luke’s experience at McGrath North, and previously at an intellectual property boutique law firm, extends to a wide variety of technical areas including biomedical/medical devices, mechanical engineering, agriculture implements and processes, chemicals, modified air packaging systems, food production and processing, and life sciences where Luke’s biology degree provides valuable insight. Agriculture related clients particularly appreciate working with Luke on intellectual property matters because of his twenty-five years of experience as part owner-operator of a family farm in Northwest Iowa.
- Creighton University School of Law (J.D., 2005)
- Iowa State University (B.S., Biology, 2002)
- U.S. Patent and Trademark Office (2008)
- State of Iowa (2005)
- State of Nebraska (2008)
- District of Columbia (2008)
- U.S. District Court, Northern District of Iowa (2012)
- U.S. District Court, Southern District of Iowa (2012)
- U.S. District Court, District of Nebraska (2015)
- Nebraska State Bar Association
- Nebraska State Bar Association, Intellectual Property Law Section Treasurer, 2017-2018; Vice-Chair 2018-2019
- Omaha Bar Association
- Iowa State Bar Association
- Iowa State Bar Association Intellectual Property Law Section Council, 2014-2016
- Iowa Intellectual Property Law Association
- Woodbury County Bar Association
- American Bar Association
- American Intellectual Property Law Association
- Omaha Agri-Business Club
- Young Professionals in Agriculture, Nebraska & Southwest Iowa Chapter, Membership & Programs Chair 2019-2020
- Law Clerk to the Honorable Mark W. Bennett, U.S. District Court for the Northern District of Iowa.
- Patent Examiner at the U.S. Patent and Trademark Office, Technology Center 3700: Medical Devices.
- Two CALI Excellence for the Future Awards: Constitutional Law; Law & Medicine, Creighton University School of Law.
- Graduate of the Omaha Chamber of Commerce Leadership Omaha Class 40