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Steven D. Smit

Steven D. Smit

Shareholder

Trial Litigation
Creditors' Remedies
Intellectual Property

Direct Phone: 512.480.5653
Direct Fax: 512.480.5853
E-mail: ssmit@gdhm.com
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Steve is a licensed patent attorney and a trial lawyer. He has handled numerous lawsuits and also proceedings in the United States Patent & Trademark Office involving intellectual property issues such as patent infringement, trademark registration, opposition and cancellation, trademark and trade dress infringement, copyright infringement, trade secret misappropriation, domain name disputes, cyber-squatting, internet piracy, and unfair competition. Steve also routinely represents creditors and other clients in a wide array of commercial litigation matters ranging from assisting lenders in debt collection and lender-liability actions to helping a large group of foreign investors unravel a multi-million dollar land fraud scheme.

Representative Experience

Intellectual Property Enforcement and Litigation

  • Representation of patent owner in the development and implementation of a patent licensing and enforcement program involving numerous potential licensees.
  • Represented a cargo monitoring business in obtaining a permanent injunction in its lawsuit against a competitor for misappropriation of trade secrets and unfair competition.
  • Assisted a textile treatment business in its patent infringement and trade secret litigation against several large clothing manufacturers.
  • Representation of the owner of patented "breathing" toy pets in its federal litigation against an international competitor for patent infringement, trade dress infringement and unfair competition.
  • Defended copier dealerships and their owners in several lawsuits involving allegations of trade secret misappropriation and unfair competition.
  • Represented a medical diagnostic company in its lawsuit against a competitor and former employee for misappropriation of trade secrets.
  • Represented an inventor in his fraud claims against his former employer and its lawyers over the rights to a patent on acoustic devices. The matter was resolved in a settlement under which the client received all rights to the patent and monetary compensation.
  • Represented several software companies in their lawsuits against competitors for misappropriation of trade secrets and unfair competition.
  • Represented various companies in their investigation and litigation against former employees who allegedly misappropriated trade secrets or violated their non-compete agreements
  • Represented a nationally-recognized jeweler in various disputes against infringers of client's jewelry designs.
  • Represented a designer of ornamental doors in various disputes against infringers of the client's designs.
Litigation for Trustees, Receivers, Creditors and Landlords
  • Assisted government-appointed receivers including FSLIC, RTC and FDIC in collection actions, in the investigation of claims against bank directors and officers and in lender-liability litigation.
  • Represented a bankruptcy trustee as special counsel in its litigation to set aside preferential and fraudulent transfers made by the debtor after the entry of a multi-million dollar judgment.
  • Assisted court-appointed receiver in efforts to collect a judgment in excess of $100 million against a perpetrator of a massive fraud scheme involving foreign currency exchange.
  • Represented national and regional banks in various collection actions as well as in lender liability litigation.
  • Represented national and regional landlords in commercial lease disputes.
Commercial Litigation
  • Represented international broker of food products in a lawsuit for fraud and breach of contract against a nationally-known supplier that failed to provide 60,000 tons of chicken parts for shipment to Russia.
  • Assisted client in claims against various companies and individuals arising out of a fraud scheme involving exotic animals.
  • Represented land developer in a lawsuit for fraud and breach of fiduciary duty against a real estate broker who secretly participated in buying a large commercial tract of property that the client had intended to purchase.
  • Represented shareholder in a lawsuit against fellow shareholders about control of the family business. Jury awarded actual and punitive damages against other shareholders.
  • Represented a seller of stock in its fraud claims against numerous parties, including a lawyer, who had defrauded the seller when purchasing the stock.
  • Represented a Mexican pharmaceutical firm in a lawsuit against a large international pharmaceutical company for damages incurred as result of defendant's wrongful injunction in Mexico. The suit, which involved issues of Mexican intellectual property law, was litigated in federal court in Pennsylvania.
  • Represented numerous Mexican nationals in filing claims in Georgia for fraud, breach of fiduciary duty, and violations of federal anti-racketeering statutes (RICO), arising from a complex land fraud scheme. See Maiz v. Virani, 253 F.3d 641 (11th Cir. 2001) (affirming jury’s RICO verdict) After a multi-million dollar judgment was entered on the jury verdict, assisted clients in their efforts to set aside fraudulent transfers and collect the Judgment through various proceedings in the United States, Switzerland and Mexico.

Professional Qualifications

Admitted to bar, 1988, Texas.
Licensed to practice before United States Patent & Trademark Office.
Education: Dordt College (B.A., 1979); University of Texas (J.D., with high honors, 1988). Order of the Coif, Grand Chancellor, Teaching Quizmaster, Texas Law Review.

Publications and Presentations

  • "Make a Copy for the File" - Copyright Infringement by Attorneys, Baylor Law Review, Vol. 46, 1994.

Professional Affiliations

  • Member, Austin Bar Association (Civil Litigation Section)
  • Member, American Bar Association (Litigation Section; Patent, Copyright and Trademark Section)
  • Member, Austin Intellectual Property Association
  • Member, International Trademark Association (INTA)
  • Advisory Committee – Texas Life Sciences Collaboration Center
  • Ambassador for Georgetown Chamber of Commerce

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