Intellectual Property Litigation
Gina Carter is a shareholder in the Madison office of Whyte Hirschboeck Dudek S.C. She has been selected as an outstanding IP Litigator every year since 2005 by Chambers USA, and in 2012 was selected as one of the top 250 Women in Litigation by Benchmark Litigation. In 2011 and 2012 she was selected as one of the Best Lawyers in American in Intellectual Property Law and Litigation.
Ms. Carter has litigated patent, trademark, copyright and trade secret cases in federal courts across the country. She advises a wide array of clients, including high technology manufacturers, computer software companies, and media and entertainment companies on all aspects of intellectual property law protection and right enforcement and licensing. Ms. Carter has lectured and published extensively on intellectual property, e-commerce, and international law issues and has taught copyright law at the University of Wisconsin Law School.
Education
- Georgetown University Law Center, J.D., with honors, 1986
- Georgetown’s School of Foreign Service, B.S., cum laude, 1978
Awards & Distinctions
- Selected for inclusion in The Best Lawyers in America® in Intellectual Property Law (2011) and Litigation – Patent (2012-2013)
- Benchmark Litigation – Top 250 Women in Ligitation (2012)
- Ranked in Chambers USA – America's Leading Lawyers for Business in Intellectual Property, Advising and Litigation (2005-2013)
- Wisconsin Law Journal – Women In The Law Award (2009)
- Named to the Wisconsin Super Lawyers list (2007)
- Madison Magazine – Best Intellectual Property Lawyers (2005)
- Dane County’s Outstanding Professional Woman of the Year (1996)
- Athena Award Nominee for Outstanding Mentoring (2008)
Representative Work
- Litigated patent, copyright, trademark, domain name disputes and trade secret cases in Federal District and Appeals Court around the country.
- Prepared and prosecuted trademark and copyright applications including proceedings before the Trademark Trial and Appeal Board.
- Represented a range of companies and individuals in the entertainment and publishing industries in connection with talent and publishing agreements and rights of publicity issues.
- Drafted and negotiated patent, trademark, copyright and multi-media licenses, and non-disclosure and inventions agreements.
- Drafted university and corporate technology transfer agreements and intellectual property policies.
- Conducted intellectual property due diligence for corporate mergers and acquisitions.
- Drafted and negotiated complex software and other information technology licensing agreements on behalf of businesses and vendors.
Professional Associations
- ALFA International Legal Network - Board of Directors
- ALFA International Legal Network - Chair, Women's Initiative Practice Group
- ALFA International Legal Network - Business Litigation, International Law and Intellectual Property Practice Groups
- American Intellectual Property Association - Member of Patent Litigation, Trademark and Internet Committees
- State Bar of Wisconsin - Past Chair, International Law Section
Community Involvement
- Madison Museum of Contemporary Art - Board Member
- A Fund For Women - Executive Committee
- American Players Theatre - Board Member
- YWCA of Madison - Board of Directors - Former Member
Articles and Presentations
- IP Law 201 for Faculty and Student Inventors: Beyond the Basics, Presenter, Technology Transfer Tactics webinar, February 21, 2013
- Untangling Fair Use: When is it Acceptable to Use Another’s Work Without a License?, Wisconsin Technology Network, October 16, 2012
- Intellectual Property Litigation 2012: Cases to Watch and Trends to Track, August 2012
- Untangling Fair Use: When is it Acceptable to Use Another’s Work Without a License, WHD Spotlight: Intellectual Property Law Newsletter, Fall 2012
- 10 Copyright Myths, Precedent (Publication of the Missouri Bar Association), Winter 2012
- 10 Copyright Myths, Wisconsin Lawyer, June 2011
- IP – It’s Everywhere: Practical Tips for Protecting and Enforcing Rights and Defending Against Infringement Claims, Presenter, Wisconsin Chapter of the Association of Corporate Counsel (WISACCA) Annual Chapter Meeting, May 17, 2012
- From the Litigation Trenches: Strategies for Battling Patent Trolls, Presenter, Wisconsin Chapter of the Association of Corporate Counsel (WISACCA), March 29, 2012
- Strategies for Effective and Cost Efficient Intellectual Property Protection and Enforcement, Panel Moderator, Wisconsin State Bar–Business Counsel Institute: Crisis Management, November 30, 2011
- Business Litigation in Real Time: Practical Tactics and Tips For Right Now, Presenter, ALFA International–International Client Seminar, March 5, 2011
- Patent Marking Litigation Post–Bon Tool, Presenter, Wisconsin Intellectual Property Law Association (WIPLA), January 13, 2011
- Don’t let IP protection slip away due to simple misunderstandings and easy-to-prevent mistakes or oversights, Presenter, Intellectual Property Law 101 for Principal Investigators and Faculty Inventors Seminar sponsored by Technology Transfer Tactics, November 30, 2010
- How Safe is That DMCA Safe Harbor? Pretty Darn Safe - Viacom Intern. Inc., et al v. YouTube, Inc., et al., Wisconsin Technology Network, November 8, 2010
- The Best Protection: Trade Secret or Patent?, Intellectual Property Today, October 2010
- Maximizing Your Intellectual Property Budget in Today’s Economy–A Changing Dynamic: Trade Secret Protection Moves to Center Stage in a Challenging Economy, Presenter, WHD Intellectual Property Breakfast Seminar, June 2, 2009
- E-Discovery Legal Update, Presenter, University of Wisconsin E-Business Consortium IT Executives Circle Peer Group, February 12, 2009
- Copyright Issues on the Web in the Age of YouTube and Social Media, Presenter, University of Wisconsin E-Business Consortium E-Merchant Peer Group Retreat, September 10, 2008
- Effective Branding with Color, WHD Spotlight: Intellectual Property Law Newsletter, Summer 2008
- Establishing and Protecting Your International Trademark Portfolio, Presenter, WHD Corporate Counsel Forum, May 24, 2008
- E-Discovery: Beyond the Ruling, Presenter, ALFA International Seminar, March 2008
- My View: The U.S. Supreme Court Implements Its Own Brand of Patent Law Reform, Corporate Report Wisconsin, March 2008
- Intellectual Property Strategy: What Early Stage Companies Need to Know, Panel Presenter, Wisconsin Technology Early Stage Symposium, November 15, 2007
- Litigation: Obtaining and Enforcing Judicial Judgments/Arbitral Awards, Panel Chair, 2007 Global Legal Strategies for the Proactive Corporate Counsel event sponsored by ALFA International and ACC America, October 24, 2007
- Making Diversity Work, Presenter, ALFA International Midwest Regional Seminar: "Corporate Counsel on the Hot Seat," September 6-7, 2007
- Rocket Docket Speeds Infringement Suits, Executive Counsel, July/August 2007
- “Rocket Docket” Speeds Patent Infringement Suits, Wisconsin Technology Network, March 14, 2007
- IP Licensing and the Supreme Court's Medimmune v. Genentech Decision, Panel Presenter to the Federal Circuit Bar Association in cooperation with University of California, Berkeley Law School, February 15, 2007
- IP Infringement - Avoiding Liability for Officers & Directors, Wisconsin Technology Network, January 4, 2007
- Patent Law and Litigation Developments, Presenter, National Association of College and University Attorneys (NACUA) Technology Transfer Conference, November 2006
- The Top 10 Mistakes Tech Companies Make, Capital Region Business Journal (Vol. 1, No. 5), August 2005
- Pre-suit Investigation in Patent Cases: Judge Shabaz Underscores the Requirements, Newsletter of the Western District of Wisconsin Bar Association (Vol. 13, No. 1), May 2004
- Personal Jurisdiction and the Internet: An Update, Wisconsin Lawyer (Vol. 76, No. 10), October 2003
- E-Commerce in the European Union: Balancing Consumer Protection with the Goal of a Single Market, E-Commerce Law Report (Vol. 4, No. 5), March 2002