Frank M. Caprio

Frank Caprio focuses on intellectual property law, helping clients protect and use their rights and representing them in technology-related disputes. His litigation experience spans patents, trademarks, copyrights, trade secrets and computer issues. He has also represented clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board and in domain name arbitrations.

Frank works with large and small clients across a range of activities, including manufacturing, software development, data services, defense contracting, healthcare, government, architecture, homebuilding, hospitality, banking and website development. His transactional work includes negotiating technology and intellectual property agreements and drafting licenses, joint development agreements, assignments, covenants not to compete and teaming agreements.

Beyond representing parties, Frank has served as a mediator in disputes involving trademarks, copyrights, sports league franchises, shareholders and chemical personal injury, as well as other state and federal court litigation. He has also served as an expert witness in matters involving patent claim construction, trade dress, trade secrets, attorney fee awards and computer software arbitration, and in a trademark dispute between two financial institutions.

Before his legal career, Frank worked as an engineer, providing technical analysis and program management for projects involving missile programs, warhead testing and six-degree-of-freedom simulations. He is also a retired Naval Flight Officer and Mission Commander who served in active-duty and reserve squadrons flying the Lockheed P-3 Orion on anti-submarine warfare missions.

A former managing partner of the firm’s Huntsville office, Frank regularly speaks about intellectual property issues to business and legal associations and has held leadership positions in local and state bar associations. He has been recognized consistently in The Best Lawyers in America for copyright, intellectual property, patent, trade secrets and trademark law. His community service has included board roles with the Huntsville Hospital Health System Authority Board, Huntsville Hospital Foundation, Huntsville YMCA, Biztech, Huntsville-Madison County Chamber of Commerce, Huntsville Emergency Management Agency and Vanderbilt University Navy ROTC Alumni Board.

• Advisement of government contracting technology companies - Frank regularly advises government contracting technology companies with respect to issues involving rights in technical data, patent rights, computer software issues, and other matters arising under the FAR and the DFAR.
• Arbitration concerning payment of royalties - Served as an arbitrator on a three-arbitrator panel in a three-year arbitration concerning the payment of worldwide software license royalties.
• IP advice to a worldwide provider of real-time, site-specific weather information, Doppler weather radars, satellite radio weather information and geographic depiction. Our services include domestic and international patent prosecution and portfolio management. We also provide trademark prosecution and portfolio management, general intellectual property strategy, licensing, and technology transactions.
• Confidentiality Agreement for Computer Software Development - Drafted employee confidentiality, non-disclosure and copyright assignment agreement for computer software development.
• Confidentiality and Non-Competition Agreement - Draft confidentiality and non-competition agreement for client's alternative energy small engine invention.
• Copyright Infringement Dispute on the Construction of Corporate Buildings - Copyright infringement dispute concerning the construction of corporate buildings based on an architect's design initially drafted for another related building and client of the architect.
• Copyright Infringement Dispute regarding Photographs - Copyright infringement dispute concerning the publication of a photographer's photographs beyond the scope of the license agreement between the parties. Negotiated and achieved settlement on behalf of the client.
• Copyright infringement litigation - Copyright infringement litigation involving computer software for computational fluid dynamics.
• CUSO for large credit union - Advised credit union regarding regulatory issues for establishment of non-credit union finance company/credit union service organization, and regarding ASP, SAS and other vendor contracts for implementation of financial services retail locations.

• University of Alabama School of Law, J.D., 1990, Valedictorian, Dean M. Leigh Harrison Scholar; Alabama Law Review, Senior Editor; Hugo Black Scholar; Jessup International Law Moot Court Team; Phi Kappa Phi
• University of Alabama at Huntsville, M.S. Industrial Engineering, 1987
• Vanderbilt University, B.S., Chemical Engineering, 1978

• Alabama

• United States Court of Appeals for the Federal Circuit
• United States Court of Federal Claims
• United States Patent & Trademark Office
• United States District Court, Northern District of Alabama

• American Bar Foundation, Fellow
• Listed in Chambers USA, Intellectual Property, 2025-2026
• Listed in Mid-South Super Lawyers, Intellectual Property, 2016-2021
• Listed in Alabama Super Lawyers, Intellectual Property, 2008, 2011-2015
• Listed in The Best Lawyers in America^®
  • Copyright Law, 2011-2027
  • Litigation – Intellectual Property, 2011-2027
  • Litigation – Patent, 2011-2027
  • Patent Law, 2011-2026
  • Trade Secrets Law, 2018-2027
  • Trademark Law, 2011-2027
  • Intellectual Property Law, 2005-2010
  • Information Technology Law, 2007
  • "Lawyer of the Year," Huntsville, Patent Law - 2025, 2027
  • "Lawyer of the Year," Huntsville, Litigation – Patent, 2022, 2024, 2026
  • "Lawyer of the Year," Huntsville, Litigation – Intellectual Property, 2020, 2024, 2026
  • "Lawyer of the Year," Huntsville, Copyright Law, 2013

• Listed in Legal 500 U.S. Elite - Southeast, Intellectual Property, 2026
• Listed in Business Alabama, Legal Elite 2026
• Leadership Alabama, Class XIV