Arlen L. Olsen
Managing Partner
Phone: (518) 220-1850 | Email: aolsen@iplawusa.com
PROFESSIONAL EXPERIENCE
At Schmeiser Olsen, I help companies transform innovation into lasting competitive advantage. As a Patent Attorney, Intellectual Property Strategist, and former United States Patent Examiner, I partner with corporations, inventors, and technology leaders to make innovation not just protected, but profitable. With more than three decades of experience, including serving as an Adjunct Professor of Law at Albany Law School from 2005 to 2017, I’ve guided clients through every facet of intellectual property law, from patent and trademark strategy, prosecution, and portfolio development to licensing, technology transactions, IP monetization, infringement litigation, appeals, post-grant proceedings, and innovation mapping. My work has resulted in patent licenses valued at over $100 million and litigated portfolios yielding damages exceeding $60 million.
Legal expertise is only part of what I bring to the table. As an entrepreneur, I understand innovation from the inside out. I’ve owned and operated multiple franchises, including Subway, M3Linked, and Bahama Bucks, managed real estate ventures, launched startups, and founded IPTRADER, an intellectual property trading company. From product design and manufacturing partnerships in China to FDA certifications and venture funding, I’ve experienced firsthand what it takes to bring ideas to market. This combination of legal insight and entrepreneurial experience allows me to deliver multidimensional IP strategies that connect invention to valuation, protection to profit, and patents to market power.
At the heart of my practice is a simple belief: innovation deserves better — better protection, better strategy, and better outcomes. Whether you’re a global enterprise, a startup, or a research institution, I help you build IP portfolios that work as hard as you do. In a world that moves this fast, great ideas don’t just need protection—they need power.
OTHER
AFFCO Zealand Ltd. v. Am. Fine Food Corp. 913 F.Supp.2d 1331 (S.D. Fl. 2012) (No. 10-cv-24105) and (No. 12-cv-21325) Prevailed on Opponent’s claims of breach of contract, specific performance, and trademark infringement; opponent’s untimely filing of claim for specific performance under Florida law; opponent’s untimely motion to add claim of trademark cancellation based on court scheduling order and Fed. R. Civ. P 15; opponent’s cancellation claim untimely based on time period and incontestability; opponent’s failure to file separate Fed. R. Civ. P. 56(d) motion for additional information when served with summary judgment motion and opponent did not have enough information to respond to summary judgment motion.
Clark v. Bluewater Key RV Ownership 2016 WL 4761853 (S.D. Fl.) (Opposition/Cancellation No. 91209747) TTAB Successfully opposed and cancelled mark. Trademark opposition Trial before TTAB; standing; priority; likelihood of confusion.
Power Equipment Systems Inc. dba Condensing Heat Exchanger v. Combustion Energy Systems (No. 04-3cv-0098) (W.D.Mass.) Successful settlement of patent infringement re heat exchangers.
Danko v. Longstreet Press, Inc. No. 2005-cv-109094 Superior Court Georgia Represented Author of best seller The Millionaire Next Door through local counsel for default judgment against literary book publisher for breach of contract in failing to pay author.
The Fort Miller Co., Inc v Con-Fab California Corp. et al. 11-cv-05473 (N.D. Cal.) Successfully settled patent infringement dispute for client after evidentiary court mediation proceeding.
In re Cancellation of the Trademark Magictime against Distribuciones Roma S. de R.L. in Honduras Successfully cancelled Trademark in Honduras opposition proceeding.
Manildra Milling Corporation v. Magic Time Int’l, LLC (Cancellation No. 92062262) Trademark cancellation proceeding; coexistence agreement executed regarding industrial flour and products that can be made with flour
BG Industries v. MPL, Ltd (No. 02-cv-02055) (C.D. Cal.) Successfully dismissed Declaratory Judgment for Patent infringement dispute and patent ownership for inflatable cushioning device.
Northeast Center for Beekeeping, LLC DBA Betterbee v. Neidig (Cancellation No. 92063761) Trademark cancellation before TTAB, standing, priority and likelihood of confusion. Cancelled mark of third party and registered client’s mark.
Banana Republic (Apparel) LLC v. Nerenberg (Opposition No. 91195018 TTAB) Represented Brand Owner in dispute with Banana Republic over BR mark.
Nationwide Tarps, Inc. DBA NTI Global v. Handwerker and Midwest Canvas (No. 04-cv-1188) (N.D.N.Y.) First to file in district court, race to the courthouse, jurisdiction, and declaratory judgment action; false advertisement claims; declaratory judgment action of non-infringement of patents; failure to mark dismissed because it is was a defense to patent infringement rather than an affirmative claim; actions in Illinois and New York.
Otis Elevator Company v. Otis Products, Inc. (Opposition No. 91169715 TTAB) Defended small company in Trademark opposition before TTAB over Otis mark.
Zalewski v. T.P. Builders, Inc. et al. 875 F. Supp.2d 135 (N.D.N.Y. 2012), 107 U.S.P.Q.2d 1143 (No. 10-cv-876 and 11-cv-1156) Copyright infringement; Represented Defendant, T.P. Builder’s who won on summary judgment motion against plaintiffs’ copyright infringement claims and failure to sufficiently plead violation of Digital Millennium Copyright Act with respect to home designs and architectural works; DMCA; motions to dismiss and summary judgment motions by other defendants against plaintiffs’ copyright infringement claims; district court determined that the discovery rule will be used for copyright infringement rather than the injury rule which does not help Defendant, T.P. Builders and other defendants; won attorney’s fees at district court level, Second Circuit provided directive of deciding attorney’s fees and lawsuit not unreasonable by plaintiff and we subsequently lost attorney’s fees on remand.
Birmingham v. Robotics, Incorporated (No. 04-cv-0753) Issues of patent infringement by Michael Birmingham; successfully invalidated patent based on-sale bar; trade secret misappropriation alleged; issue of whether invention is owned by former employee, Michael Birmingham or the company, Robotics; issue of failure of employee to assign invention over to company and breach of confidentiality agreement
Stealth International Inc. v. Ross Valve Manufacturing Company, Inc. (No. 07-CV-0523A) (W.D.N.Y.) Settled patent infringement defense against Ross Valve
Whipps, Inc. v. Ross Valve Manufacturing Company, Inc. (No. 14-cv-400450) (District of Mass Central Division) Injunction for trade secret misappropriation and trademark infringement
Saratoga Spring Water Company v. Saratoga Juice Bar, LLC (Cancellation No. 92063492 TTAB) Defended petition to cancel trademark, Saratoga Juice Bar against Saratoga Spring Water Company in TTAB
Specialty Silicone Products v. Trico Products and Genuine Parts Company, Inc. (No. 1:02-cv-504) Dispute regarding windshield wiper blades. Case successfully settled.
Tempur-Peduc v. Simmons Bedding Company et al. (No. 09-CV00032) (S.D.Va.) Represented defendant in large bedding patent infringement dispute. Case successfully settled.
Western Supreme Buddha Ass’n, Inc. v. Oasis World Peace and Health Foundation, 2011 WL 856378, (N.D.N.Y. 2011) (No. 08-cv-1374) Secured for client default judgment in claims under the Lanham Act, 15 U.S.C. § 1125(a), and under state law sounding in trademark infringement, unfair competition, conversion, and defamation.
John Mezzalingua Associates, Inc. v. International Trade Comm’n, 660 F.3d 1322, 33 ITRD 1401, 100 U.S.P.Q.2d 1462, (Fed. Cir. 2011) Patent prosecution counsel in successful ITC proceeding and Federal Circuit Appeal in which the client was granted a favorable general exclusion order.
John Mezzalingua Associates, Inc. v. Arris Intern Inc., ., 2003 WL 23282752, 2003 Markman 23282752, (W.D. Wis., 2003) (NO. 03-C-353-C) Patent prosecution counsel in patents successfully litigated through trial and found to be valid and wifully infringed resulting in the grant of attorney’s fees.
International Karate Organization Kyokushinkaikan and Shokei Matsui v. Henriot Zephirin, 2008 WL 902841, (Trademark Tr. & App. Bd., February 27, 2008) Opposition 91166753 against Serial 76566572. Successful trial in cancellation of mark of competitor before the Trademark Trial and Appeal Board for well-known Karate mark.
Hsin Ten Enterprise USA, Inc. v. Clark Enterprises, 149 F.Supp.2d 60, 2001 Markman 753779, (S.D.N.Y. 2001) (No. 00-CIV-5878 (SAS) Obtained highly favorable Markman ruling in Design Patent case resulting in settlement and dismissal of case.
New York Racing Ass’n, Inc. v. Perlmutter Pub., Inc., 959 F.Supp. 578, 42 U.S.P.Q.2d 1844, (N.D.N.Y. 1997) (No. 95-cv-994 (FJS)) Successful summary judgment motion in trademark infringement case where artist was found not to infringe copyrights of the famous Saratoga Race Course.
Education
• B.S., Mechanical Engineering, Brigham Young University 1987
• M.S., Mechanical Engineering, Brigham Young University 1988
• J.D., with distinction in intellectual property law, George Mason University 1993
Bar Admissions
United States Patent Office
Court of Appeals for the Federal Circuit
Second Circuit Court of Appeals
South District of New York
Northern District of New York
New York State – third department
State of Arizona
PUBLICATIONS
Schmeiser, Olsen & Watts Hosts International Virtual Meeting – Schmeiser, Olsen & Watts hosted a Virtual Meeting attended by international attorneys and practitioners around the world. The meeting was attended by 15 law firms from 14 different countries, and proved to be a great opportunity to discuss the state of the global intellectual property community in light of the pandemic and other global events […]