Shane Delsman is an attorney in the Intellectual Property and Litigation Practice Groups in the firm's Milwaukee office. Shane is a registered patent attorney and focuses his intellectual property law practice on litigation, counseling and procurement.
Shane has served as counsel on numerous patent, trademark, copyright, trade secret and unfair competition lawsuits in jurisdictions throughout the country. Such matters have included cases relating to agricultural equipment, color trademarks, radio frequency electronics and encryption, military vehicles and software. He also has experience successfully representing clients in contested matters before the United States Trademark Trial and Appeal Board.
Shane has also prosecuted and obtained domestic and international patents, trademarks and copyrights for his clients. Representative industries include computer, electrical, electro-mechanical, software, wireless signals, hand and power tools, marine, firearms and archery, exercise and bicycling, and automotive and motorcycle sectors.
In addition, he also provides freedom to operate and patentability opinions and regularly performs due diligence and counseling in connection with the sale or acquisition of businesses.
Shane’s clients range from fortune 500 companies where Shane cooperates with in-house counsel, to start-ups where he integrates into the company to function as in-house counsel. He has experience managing large intellectual property portfolios and crafting intellectual property strategies to develop portfolios.
In 2016, the Intellectual Property Law Section of the American Bar Association adopted three policies introduced by Shane addressing the circuit splits as to the standard of review for likelihood of dilution, standard of review for likelihood of confusion and the test for nominative fair.
Prior to joining Godfrey & Kahn, Shane practiced law in Chicago at a large intellectual property boutique law firm.
R.D. Jones, Stop Experts, Inc. et al. v. Traffic & Parking Control Co. Inc. (M.D. Fla. 2016). Represented defendant in a patent infringement action involving lighted roadway signs. Settlement was reached.
Ruehl et al. v. AM General LLC (N.D. Ind. 2014)(Fed. Cl. 2015). Representing the plaintiffs in a patent infringement action involving military vehicles. Case is currently pending.
Delta Education, LLC v. Geneva Area Recreational, Educational and Athletic Trust (T.T.A.B. 2012 & 2014). Settlement was reached.
ARI Network Services, Inc. v. Nichols et al. (E.D. Wis. 2013). Represented the plaintiff in a copyright infringement action involving various powersport equipment taxonomies. Settlement was reached.
Transcenic, Inc. v. Google, Inc., Microsoft Corp., AOL Inc. & Mapquest, Inc. (D. Del. 2011). Represented the plaintiff in a patent infringement action involving spatially referenced street-level imagery for web mapping applications. Settlement was reached.
Chamberlain Group, Inc. v. GMI Holdings, Inc. and Overhead Door Corp. (N.D. Ill. 2011). Represented the plaintiff in a patent infringement action involving obstruction-sensing systems for garage doors. Settlement was reached.
Chamberlain Group, Inc. v. Decko Products, a division of Michel Sales Company and Guardian Access Corporation (N.D. Ill. 2010). Represented the plaintiff in a patent infringement action involving garage door positioning systems. Settlement was reached.
Deere & Company v. Great Plains Manufacturing, Inc. (S.D. Iowa 2010). Represented the plaintiff in a patent infringement action involving the design of agricultural seed tubes. Settlement was reached.
Deere & Company v. Bush Hog, LLC and Great Plains Manufacturing, Inc. (S.D. Iowa 2009). Representing the plaintiff in a patent infringement action involving the design of pull-behind rotary cutters. Case is pending.
McDavid Knee Guard, Inc. et al. v. Nike USA, Inc. (N.D. Ill. 2008). Represented the plaintiff in a patent infringement action related to protective athletic apparel.
WMH Tool Group, Inc. v. Woodstock International, Inc. and Grizzly Industrial, Inc. (N.D. Ill. 2007). Represented the plaintiff in a trade dress infringement action related to color in woodworking and metalworking tools. Settlement was reached.
Admitted To Practice
United States Patent and Trademark Office
United States Court of Appeals, Federal Circuit
United States Court of Federal Claims
United States District Court, Northern District of Illinois
United States District Court, Eastern District of Wisconsin
United States District Court, Western District of Wisconsin
United States Supreme Court
American Bar Association
Eastern District of Wisconsin Bar Association
Richard Linn America Inn of Court
State Bar of Wisconsin
Wisconsin Intellectual Property Law Association
Wisconsin Intellectual Property Law Association – President (formerly Secretary/Treasurer, President Elect)
Eastern District of Wisconsin Bar Association – Membership Committee Member, former Civil Committee Member
American Bar Association’s Intellectual Property Section – Editorial Board (Issue Editor for Landslide Magazine)
American Bar Association’s Trademark Litigation Committee – Co-Vice Chair
American Bar Associations Patent Litigation Committee – Claim Construction Co-Chair
American Bar Association’s Intellectual Property Law Section – CLE Board
Schlitz Audubon Nature Center – Board Member
Manitowoc County Bar Association – Intellectual Property Primer
Chicago Bar Association – Past Intellectual Property Law Committee Chair
American Bar Association’s Intellectual Property and Internet Law Committee of the Young Lawyer Division – Past Chair
Awarded the ABA IPL Recognition of Outstanding Leadership Contribution (2015, 2017)
Recognized as a Wisconsin Rising Star (2015 - 2017)
Recognized as an Illinois Rising Star (2013)
Iron Cross Recipient (2003)
AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Juris Doctor, University of Wisconsin Law School, 2007
Bachelor of Science, University of Wisconsin-Madison, 2003