Frank M. Caprio

Contact

P: 256.517.5142
F: 256.517.5242
Secretary:
P: 256.517.5122
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Frank M. Caprio

Partner

Frank Caprio chairs the Firm’s Intellectual Property Practice Group. He focuses on intellectual property law and assists clients in the protection and use of their intellectual property rights, and in the litigation of various technology-related disputes involving patent, trademark, copyright, trade secret, and computer issues. He has been selected by his peers for inclusion in the Best Lawyers in America in both Intellectual Property Law and Information Technology Law.

He is a retired Naval Flight Officer and Mission Commander having served in the 70’s, 80’s and 90’s in active duty and reserve squadrons flying the Lockheed P-3 Orion Aircraft, conducting Anti-Submarine Warfare (ASW) Missions. He also worked in industry as an engineer providing technical analysis and program management to projects that included missile programs, warhead testing, and six-degree of freedom simulations.

Frank regularly speaks on IP issues to business owners and lawyer associations, and has held leadership positions in his local and state bar associations. Frank is active in community service and has served as a Board member for Huntsville Hospital, YMCA, Biztec (business incubator), Chamber of Commerce, Emergency Management Agency, and the Vanderbilt NROTC Advisory Board.

He and his wife Lisa have three children, Mark, Camille and Maria.

Experience

Frank represents large and small technology companies involved in a wide range of business activities, including manufacturers, software developers, data providers, defense contractors, hospital and other healthcare providers, municipalities and other governmental agencies, museums, architects, homebuilders, restaurants, banks and other financial institutions, website developers. Frank has assisted clients in the negotiation of many technology and intellectual property transactions and has drafted such contracts including: licenses, joint development agreements, assignments, covenants not to compete, teaming agreements, etc. His litigation experience includes copyright, trademark, patent, trade secret, and other intellectual property litigation. Frank has represented clients in opposition proceedings and cancellation proceedings at the Trademark Trial and Appeal Board, and he has represented clients in domain name arbitrations.

Frank has successfully served as a mediator in cases involving trademarks, copyrights, sports league franchises, shareholder disputes, chemical personal injury, and other state and federal court litigation. Frank has also served as an expert witness in litigation matters including: patent claim construction, trade dress litigation, trade secret litigation, attorney fee awards, computer software arbitrations, and in a trademark dispute between two financial institutions.

Distinctions

  • Listed in Alabama Super Lawyers, Intellectual Property, 2008, 2011-2013
  • Listed in The Best Lawyers in America®
    • Copyright Law, 2011-2014
    • Intellectual Property Law, 2005-2010
    • Information Technology Law, 2007
    • Litigation-Intellectual Property, 2011-2014
    • Litigation-Patent, 2011-2014
    • Patent Law, 2011-2014
    • Trademark Law, 2011-2014
    • "Lawyer of the Year," Huntsville, Copyright Law, 2013
    • Panel of Neutrals, U.S. District Court, Northern District of Alabama
    • Madison County American Inns of Court, Past President
    • Huntsville Hospital Foundation, Chair, 2007-2009
    • Huntsville-Madison County Chamber of Commerce, Board Member, 2004-present
    • HudsonAlpha Institute for Biotechnology, Ambassador, 2009-present
    • Leadership Alabama, Class XIV
    • Huntsville Emergency Management Agency, Board Member, 1996-present
    • Alabama A&M University, Board of Visitors
    • Adjunct Professor, University of Alabama School of Law, Patents Course, Copyrights Course
    • Jessup Moot Court Team Faculty Advisor

    Publications

    2/22/2012
    Antitrust and Intellectual Property Alert
    12/1/2009
    The Corporate Counselor®, Volume 24, Number 8
    1992
    Utah Law Review (1991), Intellectual Property Law Review (1992)

    Memberships and Affiliations

    • Huntsville Hospital Governing Authority Board Member, 2010-present
    • Biztech Technology Incubator, Vice Chair, 2001-2004
    • Vanderbilt University, Navy ROTC Alumni Board
    • Huntsville Art Museum, Foundation Board, 2005-2008
    • Huntsville YMCA Executive Board, Director, 1999-2004
    • Latino Leadership Foundation, Chicago, IL, 2004-2005
    • Calhoun Community College Foundation, 2004
    • Huntsville Hospital Foundation, Trustee, 2000-2002; 2004-1009: Chair, 2007 - 2009
    • Farrah Law Society, Board of Trustees
    • Alabama Bar Association
      • Intellectual Property Law Section, Chair, 2005-2007; Mentor/Mentee Program, 2007; Leadership Forum Organizing Committee, 2004-2005; Military Law Committee, Chair, 1995 to 1997
    • American Bar Association
      • Data and Patent Rights Committee, Contract Law Section, Vice Chair, 1994-1996
    • Huntsville Madison County Bar Association
      • Mentor Committee, 2005-2006; Executive Committee, 2004-2005; Alternative Dispute Resolution Committee, Chair, 1997-1999; Grievance Committee, 1993-1995