Areas of Practice
Intellectual property litigation

Patent, trademark and copyright litigation and related alternative dispute resolution

Representative Experience
Representative Experience Mr. Boundy has been engaged in trial practice since 1971, with extensive trial and appellate experience in state and federal courts in Washington, Alaska, Oregon, California, Wyoming, Ohio, Illinois, Florida, New York, Minnesota, and the Court of Appeals for the Federal Circuit in Washington, D.C.

Representative engagements include:

Global Maintech Corp. v. I/O Concepts, Inc. Lead counsel for the defendant in patent infringement litigation before the U.S. District Court for the Fourth District of Minnesota. Upon summary judgment, the District Court found the patent not infringed and dismissed plaintiff’s case. The Court of Appeals for the Federal Circuit affirmed the decision on May 2, 2006.

PBA Tour Gear, Inc. and IAMG Holdings, Inc. v. Professional Bowlers Association, LLC and Brunswick Bowling & Billiards, Inc. Successful defense of billion dollar claim against the Professional Bowlers Association by former trademark licensee. Following complex litigation involving 32 defendants and spanning 18 months in the federal courts for the Western District of Washington, Eastern District of New York and Bankruptcy Court in the Eastern District of New York, the case settled on terms extremely favorable to the PBA. (2002-2004)

University of Washington v. Pine Group Limited. Represented University of Washington in arbitration before the World Intellectual Property Organization in Geneva, Switzerland, seeking enforcement of a Trademark Coexistence Agreement. The arbitrator’s January 2003 decision was a resounding victory for the University, requiring the respondent to facilitate worldwide registration of the University’s Pine trademark.

Precor Incorporated v. Life Fitness; Precor Incorporated v. True Fitness. Represented plaintiff/patentee Precor in complex parallel patent infringement actions against Life Fitness in the federal district court in Seattle, WA and against True Fitness in St. Louis, MO. The cases, involving Precor’s pioneer elliptical exercise machine patents, were settled shortly before trial for substantial sums when defendants agreed to license the Precor patent. (2001-2003)

I/O Concepts, Inc. v. Interface Design Group, Inc. Co-counsel for plaintiff in declaratory judgment action seeking a determination of patent invalidity. Upon motion for summary judgment, the District Court held the patent-in-suit invalid under the “on-sale” provision of 35 U.S.C. § 102(b) as not entitled to the priority of an earlier application. The Court of Appeals for the Federal Circuit affirmed the decision at 30 Fed. Appx. 982; 2002 U.S. App. LEXIS 5595, petition for certiorari to U.S. Supreme Court denied.

Seattle Storm, Inc. v. WNBA Enterprises, LLC. Represented the Women’s National Basketball Association in federal district court in Seattle, WA against claims of trademark infringement, dilution and unfair competition arising out of the adoption of the name “Seattle Storm.” Following a full trial on the merits, the Court entered judgment in favor of the WNBA. (2000)

Precor Incorporated v. Life Fitness. Represented Precor in complex patent litigation over a five-year period in federal district court in Seattle, WA. Following a three-week trial, the jury denied Life Fitness’ claims for damages in excess of $50 million, invalidated Life Fitness’ key treadmill patent, awarded Precor $5.25 million for willful infringement of its design patent, and found Life Fitness guilty of unfair competition. The court subsequently determined the case to be “exceptional” under 35 U.S.C. § 285 and awarded Precor $6.5 million for attorneys’ fees and prejudgment interest. On appeal, the Court of Appeals for the Federal Circuit affirmed the jury verdict of invalidity of Life Fitness’ patent, reversed the verdict of design patent infringement and remanded the issue of attorneys’ fees to the trial court. (1995-2001)

Azteca Restaurant Enterprises, Inc. v. Z-Teca Restaurant Corporation. Represented plaintiff in trademark infringement action in Federal District Court in Yakima, WA. Court granted summary judgment of liability and permanent injunction.

Unisplay S.A. v. American Electronic Sign Co., Inc. and Williams. Represented plaintiff/patentee in patent infringement action before federal district court in Spokane, WA. The jury returned a verdict for $1.628 million, to which the court added enhanced damages, prejudgment interest and attorneys’ fees. Appellate decision reported at 69 F.3d 512. (1994)

Volk Optical, Inc. v. Ocular Instruments, Inc. Represented patentee in declaratory judgment/infringement action before federal district court in Cleveland, OH. Case settled for substantial sum in consideration of covenant not to sue for further infringement. (1993)

Anderson Hay & Grain et al. v. ACX, Inc. Represented multiple plaintiffs in parallel declaratory judgment/infringement actions in federal district courts in San Diego, CA and Yakima, WA seeking determination of patent invalidity and non-infringement. Case settled following entry of favorable summary judgment order, with patentee’s agreement not to further assert patent and to pay substantial portion of clients’ attorneys' fees. (1993)

Nintendo of America, Inc. v. Galazia. Represented Nintendo in copyright and trademark infringement prosecution in bench trial before the federal district court in Miami, FL. Successful judgment of liability entered following bench trial with subsequent, out-of-court damages settlement. (1992)

American Crane Corporation v. Promac Industries. Trademark infringement defense before federal district court in Seattle, WA. Complete defense judgment following bench trial. (1992)

American Filtrona v. Davidson Plastics. Patent infringement defense before federal district court in Seattle, WA. Case settled for cross licensing agreement following the discovery and pending client’s summary judgment motion. (1992)

Moxee Innovations v. Nolu Plastics. Represented plaintiff/patentee in patent infringement action before federal district court in Seattle, WA. Following discovery, defendant agreed to entry of permanent injunction. (1991)

Vacation Internationale v. BRG Communications. Represented plaintiff in copyright declaratory judgment action before federal district in Seattle, WA. Case settled following client’s successful summary judgment motion. (1991)

Univar Corp. v. Software Acquisitions. Represented plaintiff in trademark infringement action before federal district court in Los Angeles, CA. Case settled immediately following entry of summary judgment and preliminary injunction in favor of Univar. (1990)

Prior Experience
Member, Christensen O’Connor Johnson Kindness PLLC; member in charge of litigation; member and chair of Management Committee

Principal, Shidler, McBroom, Gates & Lucas (now K&L Gates); chair of the firm’s Litigation Department and member of the Management Committee

Publications and Presentations
Frequent lecturer and seminar participant in various Continuing Legal Education programs regarding intellectual property litigation and general trial practice

Memberships and Activities
American Bar Association (Litigation and Intellectual Property Sections); American Trial Lawyers Association; Washington State Bar Association; Seattle-King County Bar Association; Washington State Trial Lawyers Association; U.S. Supreme Court

Selected to “Super Lawyers,” Washington Law & Politics, 1999-2006

Arbitrator, American Arbitration Association (commercial litigation panels) and King County Mandatory Arbitration Program; Mediator, U.S. District Court for the Western District of Washington; Pro tem Judge, King County Superior Court

Visiting Faculty Member, J. Reuben Clark Law School, Brigham Young University, Fall 2005

Education
J.D., University of Washington, Seattle, WA, 1971

B.A., Brigham Young University, Provo, UT, 1968