Cases 

Kason Industries, Inc., v. Diversified Food Service Supply, LLC, et al., (U.S. Dist. Court Georgia): Lead defense counsel in complex multi-party trademark and trade dress infringement case.

IQASR, LLC v. Went, Corp., (U.S. Dist. Court Colorado): Lead prosecution counsel in patent infringement lawsuit involving automobile shredder residue processing technology. 

Knapp Logistics Automation, Inc. v. R/X Automation Solutions, Inc., (U.S. Dist. Court Colorado): Lead defense counsel in complex patent infringement lawsuit involving high-speed pill counting technology. Obtained a jury verdict of non-infringement for the Defendant as well as a finding of invalidity as to Plaintiff’s patent.

Gould Ranch, Inc., et al., v. NW Iowa Livestock Exchange, Inc., (Colorado Dist. Court for Larimer County): Lead counsel in breach of trademark license action. Successfully argued and was awarded monetary sanctions against opposing counsel and Plaintiffs.

Touchstone Home Health, LLC v. Touchstone Health Partners, (Colorado Dist. Court for Larimer County): Successfully argued, in a decision of first impression, that in an infringement action the deposition of trial counsel who also acted as the prosecuting trademark attorney was not warranted.

Media Cell Licensing Corporation, v. Russell Krajec, Sandwave IP, LLC., (Colorado Dist. Court for Larimer County): Retained as expert witness in a breach of patent assignment lawsuit. Prepared expert report as to commercially acceptable standards of intellectual property transactions and standard of care for intellectual property attorneys with respect to prosecution of both US and foreign patents as well as commercially accepted methods of patent valuation.

Black Hills Institute of Geological Research, Inc., v. Fort Peck Paleontology, Inc., et al., (U.S. Dist. Court Montana): Counsel for Plaintiff in first of its kind case involving copyright infringement of fossil preparations. Successfully withstood motion for summary judgment brought by Defendants, resulting in favorable settlement.

Orion Photo Industries, Inc., v. Heartwood Creation, Inc., et al., (U.S. Dist. Court Arizona): Counsel for Plaintiff in trademark infringement and unfair competition action against a direct competitor accused of misappropriating product design and marketing features resulting in half-million dollar settlement and a complete exit by Defendant from the market sector.

Righthaven, LLC, v. Brian Hill, (U.S. Dist. Court Colorado): Counsel for Defendant in copyright infringement action featured in the New York Times and other national news outlets. Achieved dismissal with prejudice after filing motion to dismiss the case for failure to state a claim, lack of personal jurisdiction, improper venue and lack of copyright ownership interest by the Plaintiff.

Representative Transactions

Represented an emerging green-energy technology firm in developing international corporate licensing strategy, including conducting on-going U.S. and foreign due diligence as well as drafting actual license agreements for industrial scale green technology.

Assisted a national biotechnology company in negotiating an exclusive multi-patent license agreement related to multiple antibody-based technologies. Due diligence efforts resulted in significant reduction in eventual licensing fees.

Represented technology firm in applying for, and ultimately securing a joint development agreement with the U.S. National Renewable Energy Laboratory (NREL). Client’s submission was chosen over nearly 100+ potential technologies submitted for consideration.

Represented national Internet-based social networking company in multi-million dollar buy-out of various corporate and intellectual property assets.

Represented national biotechnology firm in an intellectual property due diligence review of licensing agreements for diagnostic cellular staining technology.

Assisted Colorado-based technology firm in licensing negotiations, including drafting actual license agreements with various public utilities related to novel coal pre-treatment technologies.

Represented national digital inbound marketing firm in negotiating and drafting various independent affiliate and intellectual property enforcement agreements.

Represented a technology firm in due diligence efforts related to an application for Environmental Protection Agency (EPA) emissions-based waiver and tax credit recognition.

Represented Fortune 500 firm in preparation of comprehensive patent infringement analysis including, inter alia, relevant legal and factual due diligence, claim construction, invalidation options, freedom-to-operate, risk mitigation and damage modeling.

Represented multiple clients in litigation support activities related to intellectual property rights including, but not limited to: patent due diligence and claim construction, trademark infringement analysis, corporate-wide copyright infringement enforcement strategies, and damage modeling and analysis.