Preston is a registered patent attorney who litigates intellectual property disputes throughout the US and abroad. Preston has represented clients in US District Court in numerous states, and before the US International Trade Commission (ITC) in Section 337 actions. Preston’s practice is focused primarily on patent, trademark, and trade secret litigation and covers a broad range of technology areas. His cases have involved technologies such as oil and gas well drilling and recovery, computer networks, blade servers, carpet tufting machines, laser printing, nutritional supplements, pharmaceuticals, heat transfer labels, outdoor equipment, flooring products, roofing shingles, decorative lighting, personal hygiene products, digital cameras and catalytic heaters. Preston has frequently represented companies and trade associations whose members have been targeted by non-practicing entities (NPEs).
Preston has represented both petitioners and patent owners in inter partes review (IPR) and post grant review (PGR) proceedings before the Patent Trial and Appeal Board at the USPTO. In addition to his IP litigation work, Preston has experience representing clients in prosecution and licensing matters. He helps businesses evaluate and protect their intellectual property assets, devise strategies to obtain federal and state IP protection, develop licensing and enforcement policies, and assess potential infringement claims.
He is also involved in the firm’s pro bono activities and has represented clients through the Atlanta Volunteer Lawyers Foundation. Preston is a co-author of the Georgia IP Litigation blog.
Honors and Awards
Selected to the Georgia Rising Stars list by Super Lawyers (Thomson Reuters) in Intellectual Property Litigation, Intellectual Property, 2014 – Present
- Co-Author, IP Basics for Start-Ups and Small Enterprises: What Growing Companies Need to Know About Respecting, Acquiring, and Enforcing Intellectual Property, National Law Review, November 30, 2020
- Co-Author, Georgia’s Loss is the Public’s Gain: Supreme Court Says States May Not Copyright Legal Codes, National Law Review, April 27, 2020
- Atlanta Rapper Rich Homie Quan Seeks Cancellation or Transfer of Trademarks and Over $2,000,000 in Damages, National Law Review, August 12, 2015
- Georgia Becomes the First State to Mount a Direct Challenge Against Unauthorized Publishing of Annotated Code, National Law Review, July 29, 2015
- Georgia District Courts Gain Four Judges – Three in the Northern District and One in the Middle District, National Law Review, November 19, 2014
- Gutter Battle Reignites With New Action - Invisaflow, LLC v. Euramax Int'l, Inc. et al., National Law Review, October 31, 2014
- Solo Inventor Files Two Suits Over Allegedly Infringing Uninterruptible Power Supply Systems, National Law Review, October 30, 2014
- Steeda Autosports Seeks to Put the Brakes on Alleged Patent Infringement, National Law Review, September 24, 2014
- VitaminsOnline.com Files False Advertising Action Over Competitor's Online Dietary Supplement Offerings and Claims, National Law Review, June 26, 2014
- Rainbow International Seeks Restoration Of Exclusive Use Of Its Marks, National Law Review, May 1, 2014
- Judge Thrash Declines to Read in Limitations From the Specification in Dysphagia Treatment Patent Dispute, National Law Review, April 23, 2014
- Verint Files Multiple Actions to Enforce Patented Call Center Technology, National Law Review, April 7, 2014
- Case Filed in 2006 Deemed to be in "Early Stages" and Stayed for Second Time Pending PTO Review - U.S. Patent and Trademark Office, National Law Review, March 31, 2014
- Georgia Federal Court Does Not Require Internal Communications Of Outside Counsel To Be Listed On Privilege Log, National Law Review, February 7, 2014
- Judge Duffey Pares Plaintiff's Requested Legal Fees After Finding Defendant in Contempt of Consent Order in Patent Case, National Law Review, January 16, 2014
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Representing multinational computer technology company in patent litigation against non-practicing entity (NPE) in Northern District of Georgia.
- Represented international oil and gas industry client in trade secret litigation against competitor in Texas federal court, achieving a favorable settlement on the eve of a preliminary injunction evidentiary hearing.
- Represented multi-billion dollar building products company as first-chair in federal trade secret litigation, achieving a pre-trial, voluntary dismissal of a competitor’s claims.
- Represented international oil and gas industry client in two separate patent infringement litigations in the Eastern District of Texas. Second-chaired the winning trial teams, obtaining two jury verdicts in our client’s favor that the asserted patents were invalid and not infringed. At a separate bench trial, the team also obtained cancellation of an “incontestable” trademark by showing that the mark was not just descriptive, but generic.
- Represented oil and gas industry client in multiple parallel proceedings in U.S. district court, UK High Court, German infringement court, and before the USPTO.
- Represented carpet industry client in patent litigation in the Eastern District of Tennessee. Successfully obtained summary judgment that our client’s patents are valid and infringed by a direct competitor.
- Acting as first-chair litigator on behalf of a family-owned Asian bakery, obtained a preliminary injunction against a competitor who was infringing the client’s trademarks.
- Represented a flooring industry client in defending against and defeating a preliminary injunction motion filed by a competitor, and later invalidating the asserted patents through IPR proceedings at the PTAB.
- Represented multiple operating companies in defending against claims by non-practicing entities (NPEs), both in litigation and in letter-writing, pre-litigation disputes.