100 Years of History

The Earliest Years

Merchant & Gould's history dates back to the first patent, trademark and copyright law firm in Minnesota, which was opened by James Franklin Williamson in 1896. Frank Merchant became Williamson's partner at the turn of the century -- a time when the firm's biggest client was a milling titan, Pillsbury Company.

Frank Merchant left Williamson & Merchant in 1920 to form Merchant & Kilgore. Virginia Brady joined Merchant & Kilgore as the firm's bookkeeper in 1928 and is one of many employees who shared a long history with Merchant & Gould. She remained with the firm until her retirement in 1984. Brady recalls that to make blueprints -- important documents for a firm specializing in patent law -- Brady had to set the drawings and blueprint paper in a glass case next to the window sill during the early years. "The sun would print them," she said.

Frank Merchant was joined in his law practice by his sons Harvey and Ralph and by 1938, the firm was renamed Merchant & Merchant. Among other notable achievements around this time was Ralph Merchant's success in the Supreme Court case of Mumm v. Jacob E. Decker & Sons. It was the first time the "short" bill of complaint for patent infringement had been upheld by the Supreme Court.

Developing the firm

John Gould was the first law clerk at large Minnesota-based company, Honeywell. After being told by a friend that Ralph Merchant was looking to hire another attorney, he says, "I met with Ralph Merchant and he said he would try me for two months. I've been here ever since." That was in 1954. Gould's starting salary was $300 a month and his billing rate was $15 an hour. John Gould became Ralph's partner within a few years and the firm name became Merchant, Merchant & Gould.

The team of John Gould and Ralph Merchant both prosecuted and litigated patents, trademarks and copyrights. Phil Smith joined the firm in 1959, focusing on the trademark practice with Ralph Merchant. To this day, M&G is recognized as number one in the Central United States in trademark and copyright prosecution in the World Intellectual Property Survey conducted annually by Managing Intellectual Property Magazine. Smith, with the assistance of other M&G attorneys, also wrote Intent-To-Use Trademark Practice, considered the definitive work on the topic, published by the Bureau of National Affairs in 1987. Shortly after Smith joined the firm, Harvey Merchant died suddenly in 1962, and the firm's name was shortened to Merchant & Gould.

By the 1970s, M&G was unique among intellectual property firms, in that it chose early on to be full-service in patent, trademark and copyright practice and litigation. A number of partners who are still with the firm joined in the 70s. Partner Earl Reiland specifically remembers how quickly he came to understand the firm's commitment to quality: "They were so clear about what they had in mind. They wanted to be among the best quality patent, trademark and copyright firms in the country. On any piece of litigation, when we looked objectively at our work and the opposing work products -- ours would be better, no matter who it was."

Growth and the future

M&G stayed ahead of the expanding needs of clients. By 1990, there were 60 attorneys serving clients. The firm continued to be a full-service intellectual property firm serving clients like Vermeer, a company on the cutting edge of the trenching business with its horizontal, directional drilling equipment. "We do everything for Vermeer," said Brian Batzli, "patent, trademark and copyright work along with licensing and litigation."

Today Randy King serves as chairman, chief executive officer, president and managing director. Together with the executive committee, he has aggressively pursued growth. Since the mid 90s, the firm has opened offices in Denver, Seattle, Atlanta and Washington, DC. Microsoft, for example, is a current client that is serviced by attorneys in all of the firm's offices. The firm continued to expand its global reach in the 90s as well. Among the 1,000 patents the firm issued in 1998, 400 were non-U.S. clients.

Foresight and vision

As always, technology is fueling the practice of law. Obtaining patents and enforcing them remains the driver behind benefiting from technology in the new economy. The first person to invent something, describe it in a patent and properly protect it gets a 20-year exclusive right that ideally pays back the research and development dollars spent to discover, create and market the invention -- with profit to spare. That's the fundamental notion behind M&G's patent practice and it will be the same as the firm counsels and represents its clients in the decades ahead.

Abraham Lincoln once said, "The patent system provides the fuel of incentive to the fire of genius." Innovation is an extraordinarily valuable asset. Creative intellectual property law strategy that identifies innovative solutions and adds value to business and society is at the heart of what Williamson & Merchant offered clients a century ago and what Merchant & Gould will continue to provide in the future.