Registered Patent Attorney
United States Patent and Trademark Office

Emily’s practice focuses on complex litigation, with an emphasis on patent matters concerning biotechnology, chemical, and petrochemical technologies. Emily is experienced in all aspects of litigation, from pre-litigation counseling through appeal, including case development, discovery management, motion practice, hearings, and appellate briefing.

She also has extensive experience in the preparation and prosecution of patent applications, and has successfully obtained both domestic and foreign patent protection for her clients. Her practice also includes counseling clients on IP transactions; conducting patent freedom-to-operate, patentability, validity and non-infringement analyses; due diligence investigations; trademark and copyright registration and litigation; and trade secret and unfair competition matters. She has further handled interference matters before the former Board of Patent Appeals and Interferences, handled inter partes review matters before the Patent Trial and Appeal Board and has argued (and obtained a favorable judgment for her client) before the Trademark Trial and Appeal Board. Emily represents various industries, including education, manufacturing, energy, and the food and beverage industry to name a few. 

Emily joined the firm as an associate in 2011. Prior to moving back to New Orleans and joining Carver Darden, she practiced intellectual property law in Texas at a firm ranked in one of American Lawyer’s Top 100 Firms.  Emily received her juris doctorate from the University of Houston Law Center in 2007. She served as Notes and Comments editor of the Houston Law Review, was awarded the Locke Liddell & Sapp IP Scholarship, and competed with her mock trial team in the 2006 ABA Arbitration Competition and the 2007 National Ethics Competition. Emily previously served as Chair of the Louisiana State Bar Association – IP Section. She also serves on the boards of The NOLA Project, a local ensemble theatre company and GiGi’s Playhouse, a Down syndrome achievement center.

news

  • Emily Lippold Gummer, New Orleans CityBusiness 2017, Women of the Year
  • Recognized by Chambers & Partners USA: America's Leading Lawyers for Business 2023

Top Lawyers 2021

Gummer, Emily L.

 

AREAS OF PRACTICE

REPRESENTATIVE MATTERS 

  • J&M Industries, Inc. v. Raven Industries, Inc. – Lead trial counsel for agricultural supplies manufacturer in a patent infringement suit resulting in a winning jury verdict of infringement and validity of client’s patent.
  • Source Production & Equip. Co. v. Schehr, et. al. – Defended global supplier of stable isotopes and radioisotopes against claims of trade secret misappropriation and successfully obtained dismissal of all claims and award of attorneys’ fees for client.
  • Abita Brewing Co., LLC v. Mother Earth Brewing, LLC – Represented Abita in Trademark Trial and Appeal Board (TTAB) litigation regarding its “Purple Haze” trademark. After a trial on the merits, the TTAB found in favor of Abita.
  • Carestream Health, Inc. v. SmartPlates, LLC - Represented Carestream in the Inter Partes Review of dental imaging software which resulted in favorable settlement to client.
  • World Wrestling Entertainment, Inc. v. Unidentified Parties - Represented WWE, Inc. in successful appeal to 5th Circuit in action involving counterfeiting of WWE’s merchandise.

REPRESENTATIVE TECHNOLOGIES

  • Polymers and biomaterials
  • Nanotechnology
  • Biotechnology
  • Coating compositions
  • Medical diagnostics
  • Surgical devices
  • Agrotechnology
  • Oilfield technology
  • Marine equipment

EDUCATION

  • University of Houston Law Center, J.D., 2007
  • Tulane University, B.S.Ch.E (Major: Chemical Engineering), 2004

BAR ADMISSIONS

  • Registered Patent Attorney with the United States Patent and Trademark Office
  • All Louisiana State and Federal Courts
  • All Texas State and Federal Courts
  • United States Court of Appeals for the 5th Circuit

PROFESSIONAL ASSOCIATIONS, MEMBERSHIPS & ACTIVITIES

  • Former Chair of the Intellectual Property section of Louisiana State Bar Association (2019)
  • Awarded New Orleans Top Lawyers (2021)
  • Selected to Gambit’s 40 Under 40 (2020)
  • Awarded New Orleans City Business’s Women of the Year (2017)
  • Board Member and Past President of The NOLA Project ensemble theater company
  • Current Chair of Development for GiGi’s Playhouse down syndrome achievement center
  • American Bar Association: Intellectual Property
  • Federal Bar Association
  • New Orleans Bar Association
  • American Intellectual Property Law Association
  • Houston Intellectual Property Law Association

RECENT PUBLICATIONS

  • “Patent Issues and Developments in Genetics” – Hayward Genetics Grand Rounds, Tulane School of Medicine, January 2017
  • “Intellectual Property in the U.S. and Abroad” – Focus Forward 2016, October 2016
  • “Intellectual Property: Ownership, Inventorship and Licensing” - School of Engineering and Science, Tulane University, Spring 2015
  • “Intellectual Property: A Primer and Tips for Startups” – NOLA Tech Week, Fall 2014

RESOURCES