About Stephen

Steve is chair of Cooley’s nationally recognized intellectual property litigation practice, which was named a finalist for The American Lawyer’s IP Litigation Department of the Year in 2023 and 2025. He is a top-tier, first-chair trial lawyer lauded for his “polished trial skills,” having tried complex technology cases for some of the largest companies in the world in federal courts nationwide, as well as before the US International Trade Commission (ITC). Steve has a deep understanding of patents, trade secrets and technology-related issues, and he has been described as “one of the most knowledgeable and experienced patent litigators on the market.”

For more than two decades, my trial practice has focused on high-stakes, fast-paced commercial disputes involving technologies central to many of the world's most popular consumer products.

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Experience

    Cooley Secures Favorable Decision for VideaHealth in Lawsuit Filed by Overjet

    July 26, 2024

    Cooley secured a favorable decision for VideaHealth in a lawsuit brought by Overjet, one of VideaHealth’s competitors in the field of artificial intelligence (AI) solutions for dental services organizations and practitioners. 

    In February 2024, Overjet filed a lawsuit in the US District Court for the District of Massachusetts against VideaHealth in which it alleged trademark, copyright and patent infringement, as well as false advertising under the federal Lanham Act and Massachusetts state law. Specifically, Overjet alleged that:

    • VideaHealth infringed Overjet’s purported rights to the registered mark DENTAL ASSIST.
    • VideaHealth’s use of various colors and shapes in its radiograph overlaps infringes Overjet’s nonliteral elements of its software copyrights.
    • VideaHealth’s AI offering infringes Overjet’s patents. 

    Overjet also moved for a preliminary injunction. In July 2024, Judge Allison D. Burroughs issued a 31-page order denying Overjet’s preliminary injunction motion on all claims – namely, copyright infringement, trademark infringement, false advertising and unfair competition. She held that “Overjet has failed to demonstrate that the color, shape, and shades used in its Visualization Tool are copyrightable, that Videa has made materially false and misleading statements when advertising its products, or that it is likely to suffer irreparable harm.”

    This is a significant win for VideaHealth against one of its top competitors in the dental AI space.

    Related contacts

    Brendan Hughes
    Co-Partner in Charge – Washington, DC, Washington, DC
    Stephen Smith
    Partner, Washington, DC
    Judd Lauter
    Special Counsel, San Francisco
    Kayla Blaker
    Associate, Colorado

    Related Practices & Industries

    Cooley Obtains Summary Judgment for Qualcomm in Patent Infringement Lawsuit

    April 5, 2022

    Cooley achieved a significant victory for longtime client Qualcomm when US District Judge Paul G. Byron of the US District Court for the Middle District of Florida granted the firm’s motion for summary judgment in a contested patent infringement lawsuit, ParkerVision v. Qualcomm. Lawyers Stephen Smith, Matthew Brigham, Eamonn Gardner, Dena Chen, Jeffrey Karr, Priya Viswanath and Benjamin Lin led the Cooley team advising Qualcomm. Brigham and Gardner argued the motion for summary judgment, with assistance from the larger team.

    Read more

    Related contacts

    Stephen Smith
    Partner, Washington, DC
    Matthew Brigham
    Of Counsel, Palo Alto
    Eamonn Gardner
    Partner, Colorado
    Jeffrey Karr
    Of Counsel, Palo Alto
    Priya B. Viswanath
    Special Counsel, Palo Alto
    Stephen Neal
    Chairman Emeritus, Palo Alto
    Kathleen Goodhart
    Partner, San Francisco
    Erin Trenda
    Partner, San Diego
    Rich Nieva
    Senior Paralegal, Palo Alto

    Related Practices & Industries

    Andreessen Horowitz, General Catalyst + IVP Lead Hopin’s $400 Million Series C

    March 19, 2021

    Cooley advised Andreessen Horowitz, General Catalyst and Institutional Venture Partners on co-leading Hopin’s $400 million Series C funding round, which also included participation from returning investors Coatue, DFJ Growth, Northzone, Salesforce Ventures and Tiger Global. Hopin, a leading virtual events provider, will use the capital to accelerate growth, including by scaling its operations, team and platform to meet the demands of its expanding customer base and support its multi-product business. Cooley partner Ryan Naftulin led the team advising the trio of lead investors.

    Read more

    Related contacts

    Ryan Naftulin
    Partner, Washington, DC
    Eric Davison
    Partner, London
    Aaron Archer
    Partner, London
    Megan Browdie
    Partner, Washington, DC
    Chris Coulter
    Partner, London
    Jack Jones
    Special Counsel, London
    Christopher Kimball
    Partner, Washington, DC
    Xander Lee
    Partner, Santa Monica
    Patrick Sharma
    Associate, Santa Monica
    Stephen Smith
    Partner, Washington, DC
    Peter H. Werner
    Partner in Charge – San Francisco, San Francisco

    Related Practices & Industries

    Neptune Technologies and Bioressources’ patent is protected from attack

    May 16, 2017

    Cooley represented Neptune in multiparty patent infringement actions regarding its krill oil containing omega-3 phospholipid product against several manufacturers and distributors of competing krill oil.

    Cooley previously filed a Section 337 complaint at the International Trade Commission against several competitors, resulting in all of Neptune's closest competitors entering into licensing agreements for patents relating to its fish krill oil.

    In a parallel IPR proceeding filed against Neptune by Aker BioMarine, the largest krill oil producer in the world, the Patent Trial and Appeal Board issued a decision that two select krill oil patent claims are valid. As a result of this ruling, our client is positioned to secure royalties.

    Related contacts

    Stephen Smith
    Partner, Washington, DC
    DeAnna Allen
    Partner, Washington, DC

    Related Practices & Industries

Admissions and credentials

  • District of Columbia
  • Massachusetts
  • Rhode Island
  • Virginia

Rankings and accolades

BTI Consulting Group: Client Service All-Star

IAM Patent 1000: Top Patent Lawyer

The Legal 500 US: Patents: Litigation (Full Coverage) (2023 – 2025)

The Legal 500 US: Trade Secrets (Litigation and Non-Contentious Matters) (2024 – 2025)

Managing Intellectual Property: DC Metro Litigator of the Year Finalist

Managing Intellectual Property: IP Star

Memberships and affiliations

  • International Trade Commission Trial Lawyers Association

Stephen Smith captains the IP litigation group, enjoying a prominent reputation for his performances in courts nationwide. He understands the finer points of patent strategy and possesses polished trial skills.

IAM Patent

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