Representative Experience

Represented Cuker Interactive LLC in a “David and Goliath” trade secret dispute involving website development for Wal-Mart Stores Inc. An Arkansas jury found that Wal-Mart misappropriated trade secrets, awarding more than $12 million in damages.

Advising a multinational bank in all IP matters worldwide, including patent, trademark, copyright, licensing, IP diligence, IP agreements, monetization, domain names, and handling patent and trademark litigation and opposition matters.

Represented HM Electronics in a trademark infringement and unfair competition dispute with R.F. Technologies, winning a permanent injunction, a finding of contempt and obtaining $800,000+ in court-ordered sanctions for the client. 

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  • Patent Prosecution, Counseling and Litigation

    • Achieved favorable arbitration ruling for University of Kansas following years litigating a closely watched battle over inventorship credit on National Institute of Health owned patents covering cancer drug formulations.
    • Successfully prosecuted and enforced highly coveted and respected Bass Pro fishing lure patent covering range of infringing products resulting in numerous licenses and removal of competing lures from the marketplace.
    • Conducting complex patent invalidity, infringement, due diligence and freedom-to-operate studies and analyses for technology and life sciences companies and clients in a wide variety of other industries.
  • Trademark Prosecution and Litigation

    • Representing San Diego Comic Convention against Dan Farr Productions and its founders for trademark infringement and unfair competition over unauthorized use of the Comic-Con mark in connection with Salt Lake Comic Con.
    • Managing large trademark portfolios, counseling and litigation for high-profile, brand-intensive companies in a multitude of protection and enforcement matters, clearance, transactions and other matters.
    • Aggressively defended Bass Pro Shops against allegations of trademark, trade dress, false design, unfair competition, tortious interference and patent infringement, achieving dismissal of all claims.
  • Copyright Counseling and Litigation

    • Prevailed for a toy company in defense of copyright infringement and implied contract claims involving an animated children’s television show.
    • Defended a media company in litigation alleging copyright infringement regarding use of plaintiff’s photos on its website. Favorably settled, with our client retaining free perpetual license to use the photographs.
    • Defended a quasi-governmental entity in a lawsuit claiming copyright infringement through alleged use of materials going beyond scope of the license.
  • Post-Grant Proceedings

    • Representing MotionPoint Inc., won a covered business method review before the PTAB by convincing the Patent Office to invalidate Transperfect’s Scanlon patent previously found by district court to be valid and infringed.
    • Won inter partes victories safeguarding medical device marker’s life-saving innovations by establishing validity of key patents in multiple IPR proceedings in which plaintiffs alleged patent infringement.
    • Achieved victory for Schrader-Bridgeport International in inter partes review with PTAB finding unpatentable several claims in a tire pressure monitoring system patent owned by two Swiss companies.
  • Open Source

    • Achieved victory at trial and on appeal in $60 million+ licensing dispute with court’s rejection of claim against our client and its $2 million fees and costs award to our client.
    • Advised Tenable Network Security on open source/proprietary licensing strategy for its open source Nessus vulnerability scanner and evaluating venture capital investment opportunities.
  • Section 337 Litigation: Patents, Trademarks, Copyrights and Trade Secrets
    • Representing complainants Select Comfort Corporation and Select Comfort SC Corporation against three respondents alleged to infringe certain Sleep Number Bed patents. Currently pending before Chief Administrative Law Judge Bullock.
    • Won complete victory for Chinese communications giant ZTE Corp. and ZTE (USA) Inc. accused of infringing a nonpracticing entity’s image software patents before Administrative Law Judge Essex and Commission.
    • Represented multiple U.S. respondents whose industrial products were accused of design patent and trademark infringement. Achieved favorable pretrial settlement for all respondents.
  • Trade Secrets Counseling and Litigation

    • Secured permanent injunction for LG Electronics MobileComm, preventing former employee and his new employer from using misappropriated trade secrets and obtaining an agreement to destroy all material taken.
    • Won more than $23 million in damages, injunctive relief and attorneys’ fees for Eldorado Stone LLC against Renaissance Stone Inc. on trade secret misappropriation, copyright and trademark infringement, and other claims.
    • Representing major aviation company in theft of trade secrets suit against former regional vice president who defected to a principal competitor.
    • Representing computer security company in lawsuit alleging misappropriation of data previously supplied pursuant to contract, securing successful dismissal of action by the trial court.

Practice Area Highlights

Ranked in Chambers USA for Intellectual Property in Northern Virginia (Band 2) and two IP partners ranked in Northern Virginia (2018).

Recognized nationally as a top-tier firm for IP Litigation, Patent Litigation, Patent Law, Copyright Law, and Trademark Law by S. News & World Report – Best Lawyers (2019).

Ranked by The Legal 500 U.S. in patent prosecution, including reexamination and post-grant proceedings (2018).

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  • Ranked in Washington, DC and Texas as one of the world’s leading IP practices across all aspects of patent law by Intellectual Asset Management’s “IAM Patent 1000” and four partners named individually (2018).
  • Ranked in California, Washington, DC and Texas as one of the top trademark practices by World Trademark Review’s “WTR 1000” and four lawyers named individually (2018).
  • Ranked nationally for patent prosecution and trademark prosecution by Managing Intellectual Property magazine, eight Pillsbury partners recognized as “IP Stars,” and three lawyers recognized as “Rising Stars” (2018).
  • Ranked as a “Recommended” firm for IP in four categories in California and as “Highly Recommended” in one IP category in Virginia by Managing Intellectual Property magazine (2018).
  • Corporate Counsel named Pillsbury 2015 “Go-To Firm” – Intellectual Property Litigation and noted the firm as a Top-10 Intellectual Property “Go-To” Firm for Fortune 500 companies.