Pacer K. Udall

Registered Patent and Trademark Attorney

Patents, Trademarks, Copyrights, Opinions, Licensing, Litigation Consulting

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Overview

Pacer is a founding partner of Booth Udall Fuller, PLC and a Registered Patent and Trademark Attorney. He specializes in advancing businesses to the next level of patent, trademark, licensing, and other intellectual property management sophistication by establishing strategies and processes that build company value.

Pacer’s US and International/Foreign Patent experience includes patent application preparation, filing, and prosecution in fields including dietary supplement, compound and composition technologies, mechanical engineering, chemical engineering, biomedical engineering, chemical technology, medical and medical device technologies, biotechnology, nanotechnology, electromechanical technology, general industry technology, manufacturing technology, membrane and forward osmosis technologies, and night vision, thermal and laser technologies.

Additionally, Pacer’s patent practice focuses on US Prioritized Patent Examination or Track One (Track I) Accelerated Examination and Patent Prosecution Highway applications, Design Patent applications, International patent filings including Patent Cooperation Treaty (PCT), Foreign National Stage Patent, and Paris Convention applications, Reexaminations and Appeals before the US Patent Trial and Appeal Board (PTAB), patentability analysis and opinions, patent infringement and validity analysis and opinions, patent design-around counseling and opinions, patent strength and claim scope evaluations, due diligence evaluations, and patent licensing and acquisition negotiations and agreements.

Pacer’s US and International/Foreign Trademark experience and practice includes counseling on the selection and adoption of trademarks that rise above the marketplace clutter, prescreening and clearance analysis and opinions, preparation and prosecution of US, Madrid, and other foreign trademark applications, Opposition and Cancellation proceedings before the US Trademark Trial and Appeal Board (TTAB), infringement analysis and opinions, due diligence evaluations, trademark licensing and acquisition negotiations and agreements, and trademark consent and co-existence negotiations and agreements.

Pacer’s other practice areas include: Pre-litigation demand and cease and desists letters, negotiations, and settlements; IP Litigation Consulting; IP Portfolio Management, Development and Assessment; and Training, Consultation and Education.

  • Intellectual Property Section, State Bar of Arizona (Past Chairman and Past Executive Council Member for 10 years)
  • J. Reuben Clark Law Society
  • Arizona Management Society (Arizona Chapter of the BYU Management Society)
  • Community Advisory Board (CAB), Cooper Road and Commerce Avenue Water Quality Assurance Revolving Fund (WQARF) site, Arizona Department of Environmental Quality (Co-Chairman, 2004-present)

Pacer was presented the “Outstanding Leadership Award” in recognition of his leadership as a past Chair of the Intellectual Property Section of the State Bar of Arizona.

  • Tempe, Arizona: January 17, 2019, Arizona Laws Relating to the Threat of Violence
  • Tempe, Arizona: February 21, 2018, Trademark Practice Tips:
    • Avoiding or Mitigating Fraud
    • Importance of Maintaining Registrations
    • Consent Agreements
    • Demand / Cease & Desist Letters
    • Overcoming “Specimen” and “Ornamental” Refusals
    • Avoiding Denial
    • Maximizing Use of Insurance Extension when Filing Statement of Use
    • Letters of Protest
  • Tempe, Arizona: May 20, 2015, U.S. Implementation of Hague Agreement Concerning the International Registration of Industrial Designs
  • Tempe, Arizona: November 20, 2013, Trademark Best Practices
  • Tempe, Arizona (Arizona State University): October 29, 2013, Biotechnology / Chemical Patent Drafting and Prosecution
  • Tempe, Arizona: February 13, 2013, Patent Opinions of Counsel

 

  • Registered Patent Attorney and Senior Associate, Schmeiser, Olsen & Watts LLP
  • Researcher, Molecular Genetics/Photosynthesis group of Professor Willem F. J. Vermaas, Former Department of Plant Biology, Arizona State University
  • United States Patent and Trademark Office
  • Supreme Court of Arizona
  • United States District Court, District of Arizona
  • Arizona State University, College of Law, J.D.
  • Arizona State University, B.S.

Pacer endeavors to live his life by two fundamental principles: love God with all your heart, might, mind, and strength; and love your neighbor as yourself. His family is his greatest joy and he strives to be a good husband and father.

Pacer is a fifth-generation Arizonan, having rural roots in eastern Arizona. He learned principles such as “reaping what you sow” and values like hard work and service from good parents growing up in St. Johns, where he worked on farms, orchards, and gardens and served others in his community. He has tried to instill these same principles and values in his own children.

There is something about living in big empty space, where people are few and distant, under a great sky… that not only tells an individual how small he is, but steadily tells him who he is.

― Wallace Stegner

There are two spiritual dangers in not owning a farm. One is the danger of supposing that breakfast comes from the grocery, and the other that heat comes from the furnace.

― Aldo Leopold, A Sand County Almanac and Sketches Here and There

Pacer and his family live life on an acre at their property in Gilbert “El Plantío del Señor”. He continues to be a gardener and orchardist, trying every year to overcome the blistering sun, high temperatures, pesky birds, and irrigation issues, all so his family can harvest and enjoy the elusive bumper crop. Some in his family would say he has planted far too many trees. Pacer would have to disagree with that sentiment. One of his youngest daughters once declared (at the age when all things that glitter are gold and jewels to a little girl), “Dad, dirt must be your treasure.” His oldest daughter, knowing how golf is king to some attorneys, once said to Pacer, “Playing in the dirt is your golf.” Pacer would have to agree with both of those sentiments.

[A] pie so delicate, so luscious, that I hope to be propped up on my dying bed and fed a generous portion. Then I think that I should refuse outright to die, for life would be too good to relinquish.

― Marjorie Kinnan Rawlings, Cross Creek Cookery

Once off the bush
The fruit fermented, the sweet flesh would turn sour.
I always felt like crying. It wasn’t fair
That all the lovely canfuls smelt of rot.
Each year I hoped they’d keep, knew they would not.

Blackberry picking
― Seamus Heaney

If I had my little way,
I’d eat peaches every day
Sun-soakin’ bulges in the shade
Nature’s candy in my hand or can or a pie

Peaches
— Song by The Presidents of the United States of America

Creating a garden starts as an interest and soon becomes a lifetime’s obsession, and one that can be engaged at a moment’s notice, by simply stepping outside.

— This Beautiful Fantastic, Movie

As an avid outdoorsman, Pacer is inspired by Arizona’s wild places and the intrepid Mountain Men of the Mountain West.

Pure wildness is the one great present want.

― John Muir

On every scale, from the miniscule to the majestic, Arizona is replete with scenic grandeur. Awe inspiring, haunting, serene, alluring ― every imaginable flavor of beauty is there. Like a kaleidoscope, Arizona’s natural panorama constantly shifts with the seasons, the weather, and the light. By immersing yourself in this state’s unspoiled country, you can also experience one of the world’s last great reservoirs of spaciousness and solitude.

What exactly is it that makes Arizona a special place? I would argue that it is the stunning variety of climates, scenery, and wildlife. Arizona is much more than the sum of its parts. It has a natural dynamic, a synergy matched by few other places. Arizona is another planet, or more precisely, another topography. Everything I love about this state is rooted in the landscape.

Take your family, your friends, and go. Sit at the foot of a ponderosa. Wade in a stream. Sleep on the ground. Smell the desert rain. Experience the mystique of open spaces, the glory of Arizona, wild and free.

― Arizona, Wild & Free, Stewart L. Udall, former Secretary of the Interior

He is a camper and hiker, having coined the motto: “It is better to have gone camping and hiking in the rain, than not to have gone camping and hiking at all.” This outlook isn’t always shared by his family and friends. Pacer is a former wilderness survival instructor as well. He always seems to be gathering and foraging for things he can use (or thinks he can use) or can eat (or thinks he can eat). Ask him about all the things he has on shelfs at his office and house and what every day carry items he keeps in his “Possibles” pouch.

The man, who goes afoot, prepared to camp anywhere and in any weather, is the most independent fellow on earth.

A camper should know for himself how to outfit, how to select and make a camp, how to wield an axe and make proper fires, how to cook, wash, mend, how to travel without losing his course, or what to do when he has lost it; how to trail, hunt, fish, dress game, manage boat or canoe, and how to extemporize such makeshifts as may be needed in wilderness faring. And he should know these things as he does the way to his mouth. Then is he truly a woodsman, sure to do promptly the right thing at the right time, whatever befalls.

– Horace Kephart

There is pleasure in the pathless woods,
There is a rapture on the lonely shore,
There is society, where none intrudes,
By the deep sea, and music in its roar . . .

― Lord Byron, Childe Harold

Pacer enjoys the shooting sports and reloading, as well as the health and quality of life that comes from being a western hunter. He subscribes in large part to the “land ethic” fostered by Aldo Leopold, which had its beginnings in the White Mountains of eastern Arizona. Pacer likes to participate in the natural world and not just be a spectator. He cares about the landscape and public lands, healthy populations of native wildlife and their habitat, and his responsibility and relationship to not only the land he lives on, but the food he grows and eats, as well as the manner in which game is harvested.

Ethical behavior is doing the right thing when no one else is watching- even when doing the wrong thing is legal.

A peculiar virtue in wildlife ethics is that the hunter ordinarily has no gallery to applaud or disapprove of his conduct. Whatever his acts, they are dictated by his own conscience, rather than a mob of onlookers. It is difficult to exaggerate the importance of this fact.

― Aldo Leopold

He is a Dutch oven enthusiast. Pacer is quick to share some of his favorite recipes, except for the inadvertent “Gore-Tex” cobbler a young kid helped him make once on a snow campout. To him, there are few things better than grilling and cooking over some nice coals in the outdoors or just in his back yard.

Pacer is also a white-water rafter. His most memorable experience to date was a self-guided trip down the Colorado River through one of the seven natural wonders of the world, the Grand Canyon.

You cannot see the Grand Canyon in one view, as if it were a changeless spectacle from which a curtain might be lifted, but to see it you have to toil from month to month through its labyrinths.

We are now ready to start on our way down the Great Unknown. Our boats, tied to a common stake, chafe each other as they are tossed by the fretful river… What falls there are, we know not; what rocks beset the channel, we know not; what walls rise over the river, we know not… With some eagerness and some anxiety and some misgiving we enter the canyon below and are carried away by the swift water through walls which rise from its very edge.

― John Wesley Powell, The Exploration of the Colorado River and Its Canyons

The good life of any river may depend on the perception of its music; and the preservation of some music to perceive.

― Aldo Leopold

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