Litigation
DSM IP Assets, B.V. & DSM Bio-Based Products and Services B.V., v. Lallemand Specialties, Inc., & Mascoma LLC, No. 16-cv-497-wmc (W.D. Wis.). Represented plaintiffs in patent infringement action involving yeast technology for biofuel industry. Conducted 7 day jury trial and obtained jury verdict of $14.5 million. Post-trial motions pending.
S.C. Johnson & Son, Inc. v. Minigrip, LLC, No. 16-cv-244-jdp (W.D. Wis.). Represented defendant in case involving allegations of breach of manufacturing and license agreements. Obtained summary judgment for defendant, case settled on appeal.
Dentsply International Inc. v. American Orthodontics Corp., No. 15-cv-1706 (M.D. Pa.); Case IPR2016-01652 before Patent Trial and Appeal Board. Lead counsel for defendant in patent infringement case between competitors in orthodontic device industry and in IPR proceeding before USPTO. Patent invalidated by USPTO.
Wisconsin Alumni Research Foundation (WARF) v. Apple Inc., No. 14-cv-62 (W.D. Wis.): represented WARF as local counsel in two week jury trial in patent infringement case involving computer processor technology used in Apple iPhones and iPads. Obtained judgment of more than $506 million.
Kienitz v. Sconnie Nation LLC, 766 F. 3d 756 (7th Cir. 2014) cert. denied (Mar. 2015): represented the photographer in this highly watched copyright fair use case.
Lands’ End, Inc. v. Genesys Software Systems, Inc., No. 13-cv-38-bbc (W.D. Wis.). Lead counsel for Lands’ End in declaratory judgment action in software contract dispute involving copyright and other allegations. Case settled shortly before trial.
Essociate, Inc. v. Azoogle.com, Inc., Case No. 11-cv-727-bbc (W.D. Wis.), affirmed in Case No. 2013-1446 (Fed. Cir. May 13, 2014): obtained summary judgment of noninfringement of patent for defendants; authored appeal briefs and argued hearing before Federal Circuit panel.
Pacific Cycle, Inc. v. PowerGroup International, LLC, 969 F.Supp.2d 1098 (W.D. Wis. 2013): obtained summary judgment of breach of trademark license agreement relating to license of client’s Schwinn brand.
Seat Sack, Inc. v. School Specialty, Inc. and Childcraft Education Corp., 417 Fed.Appx. 931 (Fed. Cir. 2011): obtained affirmance of district court dismissal of trademark and design patent claims.
Ergo v. Pacific Cycle, Inc., Case No. 09-cv-488 (W.D. Wash.): obtained settlement for client after favorable claim construction ruling in patent lawsuit relating to Schwinn bicycle seat design.
Local counsel in multiple intellectual property cases in the Western District of Wisconsin.
Intellectual Property Counseling and Prosecution
Management of the patent and trademark portfolios of several notable Wisconsin businesses.
Assist start-ups and early stage companies with intellectual property strategies.
Prosecution of patent and trademark applications.
Advertising and Internet Law
Representation of clients in advertising disputes, including NAD proceedings and litigation.
Advertising review and clearance.
Contests, sweepstakes, and promotions.
Domain name and internet issues, including UDRP proceedings, DMCA takedown procedures, and enforcement through litigation.