A seasoned litigator with a background in complex civil matters, Ann Fort oversees and protects the intellectual property rights of clients in the United States and abroad. Her practice encompasses patent infringement, licensing disputes, trade secret protection and unfair competition. She tries cases in both federal and state courts and represents clients in alternative dispute resolution, such as arbitration and mediation. Her recent experience includes defending claims brought by non-practicing entities, also known as patent holding companies or patent assertion entities.
Ann’s clients share common problems arising out of the role of science and technology in their businesses. She advises them on how to protect their business assets before and after disputes arise. Her work has involved diverse technologies, including hydraulic fracturing plugs, factory automation software and hardware, ground fault circuit interrupters, loan and deposit pricing software, Internet-based information management systems and sugar-based polyurethane foams. In the pharmaceutical industry, Ann represents both patent owners in licensing disputes and accused infringers of formulation patents, including in Hatch-Waxman litigation. Ann’s clients vary from large corporations and start-up businesses to universities and research institutes.
An active leader in Eversheds Sutherland (US)’s pro bono program, Ann obtained clemency for a client on death row, representing him for more than 11 years before he was granted clemency just hours before his scheduled execution. She serves on the Georgia Bar committee charged with considering capital defense representation and related policy issues, as well as on the board of the Federal Circuit Bar Association, which aids the administration of the US federal court of appeals that hears all patent litigation appeals.
Awards and Rankings
Recognized by Chambers USA: America’s Leading Lawyers for Business in the area of intellectual property (2018-2020)
Recognized by The Legal 500 United States in the area of patent: patent prosecution (2017-2018)
Named to The Best Lawyers in America in the area of litigation - intellectual property (2013-2020)
Intellectual Property Community Service Award(2010)
Named among the “Legal Elite” by Georgia Trend magazine (2006, 2007)
Recipient of Sutherland’s first annual Charles T. Lester Pro Bono Award (2009)
Experience
“My first big case was a trade secrets misappropriation trial involving a medical technology supplier back in the mid-1990s. I was immediately hooked on intellectual property law, and I’ve been working on IP matters full-time since 2003.”
Experience
Successfully defended IT firm against a non-practicing entity.
Prevailed in three-front patent litigation for international electronics manufacturer.
Successfully settled trade secret matter for Z-Line Designs, Inc.
Defended chemical manufacturer in sodium percarbonate patent infringement lawsuit.
Represented a global generic pharmaceutical company seeking to enter the U.S. market with new products.
Settled case for radio station operator against non-practicing entity.
Represented University of Georgia Research Foundation in pharmaceutical patent litigation.
Represented Gemstar/TV Guide in cases relating to set-top box technologies.
Successfully appealed patent infringement case in US Court of Appeals for the Federal Circuit.
Achieved a favorable settlement for Jack Henry & Associates, Inc., in a trade secrets misappropriation case.
Protected international semiconductor designer in ITC investigations.
Represented Tillotson Corporation in one of the largest patent enforcement actions as measured by the number of defendants sued.
Represented computer healthcare system company in several IP matters.
Defeated a temporary restraining order and won dismissal of a copyright license claim on behalf of a major national financial institution.
Litigated for the inventor of a pediatric emergency transport device.
Defended container manufacturer in juice bottle design dispute.
Defended beverage company in Facebook promotion case brought by non-practicing entity.
Successfully defended research institute against patent infringement claims.
Assists a cannabis producer in protecting IP covering genetics for tissue culture propagation in licensing and other business ventures, including a joint venture with a cannabis consultancy.
Provides IP advice to multiple cannabis-related enterprises, including trademark applications and patent advice relating to seed-to-sale tracking, cannabis plant genetics and chemical formulations.
News
In the News
Streamlining Section 337: Some Big Changes At ITC (June 14, 2018)
Law360
Eversheds Sutherland's legal alert A pilot no longer-The 100-day provision becomes a fixture and other new rules from the US International Trade Commission was republished by Law360.
Federal Circuit Continues to Clarify Venue Post-TC Heartland (May 21, 2018)
Law360
Eversheds Sutherland's legal alert Mandamus for the rest of us-The Federal Circuit continues its trend of clarifying patent venue post-TC Heartland was republished by Law360.
USPOULTRY Secures Judgment against Convention Hotel Poacher (March 1, 2018)
AgNet.com
Eversheds Sutherland attorneys Ann Fort and Walter Freitag are mentioned in this AgNet.com article regarding their representation of USPOULTRY in securing judgment against a convention hotel poacher.
In Case You Missed It: Hottest Firms and Stories on Law360 (April 15, 2017)
Law360
In this Law360 article, Eversheds Sutherland (US)’s Ann Fort, Robert Kohse and Steffan Finnegan’s article, “Equitable Estoppel May Be The New Laches Defense,” is listed among the legal news service’s ...
House overwhelmingly passes landmark patent reform bill - but not without dissent (December 5, 2013)
VentureBeat
Sutherland Partner Ann Fort is quoted in this VentureBeat article regarding the U.S. House of Representatives passing of the Innovation Act, a bill designed to thwart non-practicing entities or ...
Litigation May Surge As Congress Ponders Patent Reform (November 29, 2013)
MLex Market Intelligence
Just before an important patent reform provision of the America Invents Act went into effect this year, the US Patent and Trademark Office notched the busiest two-day period in its history. Inventors ...
Cisco Ruling A Road Map For What Makes A Patent Essential (July 31, 2013)
Law360
Sutherland Partner Ann Fort was quoted in the Law360 article, “Cisco Ruling A Road Map For What Makes A Patent Essential,” on the recent ruling in In re Innovatio IP Ventures LLC Patent Litigation, ...
Lawyers Weigh In On Obama 'Patent Troll' Initiatives (June 5, 2013)
Law 360
Sutherland Partner Ann Fort was featured in a Law360 article regarding President Barack Obama’s legislative and executive proposals aimed at curbing frivolous lawsuits by non-practicing entities, ...
Press Releases
24 Eversheds Sutherland Practice Areas, 63 Attorneys Named Among Nation’s Best in 2020 Chambers USA (April 23, 2020)
Eversheds Sutherland is pleased to announce that 24 practices and 63 attorneys have earned recognition in the 2020 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...
19 Eversheds Sutherland Practice Areas, 55 Attorneys Named Among Nation’s Best in 2019 Chambers USA (April 25, 2019)
Eversheds Sutherland is pleased to announce that 19 practices and 55 attorneys have earned recognition in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...
Eversheds Sutherland Secures US Patent Office IPR Win for Patent Owner Fameccanica (November 15, 2018)
Eversheds Sutherland successfully protected its client Fameccanica.Data S.p.A’s intellectual property by obtaining rare US Federal Circuit affirmance of a previous Patent Trial and Appeal Board ...
18 Eversheds Sutherland Practice Areas, 68 Attorneys Named Among Nation’s Best in 2018 Legal 500 United States (May 30, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 18 practice areas and 68 attorneys have been recognized in the 2018 edition of The Legal 500 United States, a comprehensive survey of legal ...
19 Eversheds Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2018 Chambers USA (May 3, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practices and 59 attorneys have earned recognition in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers ...
Eversheds Sutherland Represents USPOULTRY in Securing Judgment against Convention Hotel Poacher (March 1, 2018)
ATLANTA-Eversheds Sutherland (US) LLP is pleased to announce that it represented U.S. Poultry & Egg Association (USPOULTRY) in securing $750,000 in damages and attorney’s fees as a result of its ...
Eversheds Sutherland Secures US Patent Office IPR Win for Patent Owner Fameccanica (October 16, 2017)
Eversheds Sutherland is pleased to announce that it represented Fameccanica.Data S.p.A in securing a highly favorable Final Written Decision in an inter partes review (IPR) from the Patent Trial and ...
Four Eversheds Sutherland Attorneys Named Lawyer of the Year; 80 Lawyers Recognized in 2018 Edition of The Best Lawyers in America (August 15, 2017)
Eversheds Sutherland is pleased to announce that four attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in America, and 80 attorneys have been ...
Eversheds Sutherland 2016 Pro Bono Hours Add Up for Worthwhile Causes (July 31, 2017)
Eversheds Sutherland is pleased to announce that its attorneys spent more than 15,000 hours on 614 pro bono matters in 2016. The cases, which ranged from contract disputes to high-profile asylum ...
19 Eversheds Sutherland (US) Practice Areas, 58 Attorneys Named Among Nation’s Best in 2017 Legal 500 United States (May 31, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practice areas and 58 attorneys have been ranked in the 2017 edition of The Legal 500 United States. Legal 500 is a comprehensive survey ...
Presentations
“I handle disputes involving all kinds of intellectual property, including patents, trademarks, trade secrets and copyrights. Many of my clients are connected in one way or another to the computer industry.”
Presentations
Protect your company and your brand - What COVID-19 means to hackers, scammers and fraudsters... (April 2, 2020)
Many general counsels, as well as those focused on privacy, cybersecurity and intellectual property, are focused on their company’s coronavirus safety measures, as well as adjusting to working and ...
Webcast: After Laches: Equitable Estoppel Redux? (May 11, 2017)
IPO IP Chat Channel
Eversheds Sutherland (US) Partner Ann Fort presents After Laches: Equitable Estoppel Redux? a webcast, hosted by the IPO IP Chat Channel on May 11, 2017.
INTA Roundtable (July 21-22, 2016)
Sutherland hosts the International Trademark Association roundtable where the ITC as a strategic choice for trademark disputes is discussed. Topics include:The advantages and disadvantages of ...
“Regulatory, Compliance, and Risk Management Track: Litigating Against Patent Trolls” (March 13, 2014)
18th Annual Corporate Counsel Institute: An Insider’s Guide to Washington
Sutherland Partner Ann G. Fort moderated a panel discussion “Regulatory, Compliance, and Risk Management Track: Litigating Against Patent Trolls” at 18th Annual Corporate Counsel Institute: An ...
Patent Trolls (October 28, 2013)
National Association of Attorneys General Consumer Protection Conference
Sutherland Intellectual Property Partner, Ann Fort, presented on Patent Trolls at the National Association of Attorneys General Consumer Protection Conference on October 28, 2013 in Wichita, Kansas.
Strategies and Best Ways to Deal With Trolls/Non-Practicing Entities (NPEs) (September 5, 2013)
The Knowledge Congress Webcast
Sutherland Partner Ann G. Fort participated in a webcast titled “Strategies and Best Ways to Deal With Trolls/Non-Practicing Entities (NPEs)” on September 5, 2013. Ann Fort and fellow panelists ...
Troll Litigation (July 18, 2013)
Atlanta Developer Patent Summit
Sutherland Partner Ann G. Fort presented on the topic of “Troll Litigation” at the Atlanta Developer Patent Summit on July 18, 2013 in Atlanta, Georgia.
The Who, the What and the How of Technology Assisted Review (September 13, 2012)
Roundtable
On September 13, 2012, Sutherland Partner Ann G. Fort joins executives in a peer discussion delving into the critical and evolving trends facing e-discovery. The roundtable, titled The Who, the What ...
From Clickwrap to Cost-Shifting: Contract Disputes in the Digital World (August 24, 2012)
Institute of Continuing Legal Education in Georgia
On Friday, August 24, 2012, Sutherland Partner Ann G. Fort is presenting CLE titled, From Clickwrap to Cost-Shifting: Contract Disputes in the Digital World, at the State Bar of Georgia. The ...
Joint Infringement Issues (June 22, 2012)
Federal Circuit Bar Association - Bench & Bar Conference
On June 22, 2012 Sutherland Asbill & Brennan Partner Ann G. Fort is a panelist discussing joint infringement issues at the Federal Circuit Bar Association’s Bench & Bar Conference in San Diego, CA. ...
Publications
“Many of my clients are medium- to small-sized companies, and that sometimes allows me to work directly with the business owner. I find that exciting and also challenging because explaining the law and how it affects their business requires me to be a really good teacher.”
Legal Alerts
Marcel Fashions Group did not “get lucky” with the doctrine of defense preclusion (May 15, 2020)
On May 14, 2020, in a unanimous opinion authored by Justice Sotomayor, the US Supreme Court overturned the “defense preclusion” doctrine proposed by the Second Circuit, upholding the requirement that ...
User beware: Increased cost of innocent trademark infringement? (April 27, 2020)
On April 23, 2020, the U.S. Supreme Court unanimously clarified that the Lanham Act does not require a showing of willful trademark infringement as a statutory prerequisite for a plaintiff to recover ...
COVID-19 and trademark-driven scams (March 20, 2020)
Strong brands are prime targets for trademark scams in times of crisis like the COVID-19 pandemic because of the trust and goodwill they have built with the consuming public. Brands in the medical ...
You’ve Got Mail-The USPTO’s new policy requiring trademark applicants to provide email addresses (February 21, 2020)
On February 14, 2020, the United States Patent and Trademark Office issued Revised Examination Guide 1-20, which addressed new mandatory electronic filing and specimen requirements and became ...
US-China Trade Agreement-Pharma impacts (January 22, 2020)
President Trump has signed Phase I of a much anticipated multi-part trade agreement between the United States and China with provisions that will aid the branded pharmaceutical industry. One of the ...
US Trademark Office addresses false or inaccurate filings (August 23, 2019)
According to the USPTO Commissioner of Trademarks, the United States Patent and Trademark Office (USPTO) has seen a significant increase in the number of applicants who are not fulfilling their legal ...
Section 2(a) is “F**T” - the US Supreme Court strikes down the bar on “immoral” or “scandalous” trademarks (June 25, 2019)
On June 24, 2019, the US Supreme Court clarified that the Lanham Act’s bar on “immoral” or “scandalous” trademarks violates the First Amendment because it discriminates based on viewpoint. The ...
When bankruptcy law and trademark licensing intersect-The Supreme Court’s decision in Mission Product Holdings Inc. v. Tempnology, LLC (June 21, 2019)
On May 20, 2019, the US Supreme Court clarified that when a trademark licensor rejects a trademark license agreement in a Chapter 11 bankruptcy proceeding, the rejection does not rescind the use ...
Is the government a person? Sometimes, but not for AIA post-grant patent proceedings (June 11, 2019)
On June 10, the US Supreme Court ruled 6-31 that the Federal Government is not a “person” entitled to institute post-grant proceedings-inter partes review, post-grant review, or covered business ...
The Supreme Court weighs in on copyright matters - a costly decision and a registration requirement (March 6, 2019)
It has been a big week for copyright cases, and it’s only Wednesday. This Monday, the Supreme Court issued opinions on two copyright cases pending before it from the October 2018 term. Both decisions ...
Articles
Beware Pervasive Trademark Scams During COVID-19 (March 27, 2020)
Law360
Strong brands are prime targets for trademark scams in times of crisis like the COVID-19 pandemic because of the trust and goodwill those brands have built with the consuming public. Brands in the ...
Eversheds Sutherland presents annual Industrial Foresight Report 2020 (February, 2020)
In collaboration with Eversheds Sutherland Managing Partner Dr. Matthias Heisse .
Our global Diversified Industrials sector team are proud to present our annual Industrial Foresight Report 2020. This report identifies key risks, legislation and commercial developments your company ...
As Cannabis IP Grows, So Do State Licensing Headaches (November 4, 2019)
Law360
In several states, legally purchasing marijuana merely involves visiting a local dispensary and selecting your favorite variety from a budtender. Unfortunately, licensing cannabis-related ...
The Latest Trends In Cannabis-Related Patent And TM Filings (September 27, 2019)
Law360
The general trend of patent and trademark filings corresponding with the rise of regulatory legalization continues. The trends shown and described in this article for Law360, continue to stay steady ...
Cannabis-Related Patent, TM Filings Increase After Farm Bill (July 10, 2019)
Law360
With the general trend toward legalization of cannabis for both medical and recreational purposes, cannabis-related products have begun to play a more significant role in the marketplace. In their ...
INSIGHT: Smoking Good News! Trademark Guidance for Cannabis Products (June 24, 2019)
Bloomberg Law
More good news for the captains of enterprise in the cannabis industry-federal trademark protection may be within your reach! Which cannabis goods and services may be trademarked, and which may not, ...
Hot Topics from the United States: 2018 Intellectual Property Law Highlights (March 6, 2019)
Berichten IndustriEle Eigendom (IE)
In this article for Berichten IE, Eversheds Sutherland attorneys Ann Fort, Stacy Fredrich, Jamie Duncan, Anna Halsey, Jim Johnson, Jeremy Spier, Karissa Blyth, Chris Mann and Law Clerk Vivian Chew ...
New Year’s IP Resolutions for Companies (January 4, 2018)
Law360
It’s that time of year again - a new calendar on your desk and a list of resolutions to try and keep! In their article for Law360, Eversheds Sutherland attorneys Ann Fort, Anna Halsey and Rob Kohse ...
Maximizing Patent Damages: Provisional Rights And Marking (July 18, 2017)
Law360
To justify the substantial effort and expense required to enforce a patent, a patentee often needs to be able to collect damages for past infringement. That is, obtaining a prospective injunction ...
Steaming into the Safe Harbor: New Online DMCA Registration Regulations Target Real-Life Problems for Website Owners (June 9, 2017)
Bloomberg BNA
The Digital Millennium Copyright Act (DMCA) created a safe harbor for website owners to shield them from certain claims of copyright infringement originating from the acts of their users. In order to ...
Newsletters
Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Summer 2017)
As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients ...
