Duane Bosworth handles commercial and complex litigation, with extensive experience in information industry litigation, including intellectual property. His experience also includes frequent appellate appearances in the 9th Circuit and in Oregon’s Court of Appeals and Supreme Court.
Information and Content Litigation
Duane’s legacy and digital content clients in the Northwest include, for example: the Northwest’s largest newspaper; multiple television stations; Bent Image Labs; Oregon Public Broadcasting; and the Western Communications chain of newspapers. National clients have included, for example: NBC; Penguin Random House; Simon & Schuster; HarperCollins; TripAdvisor; Playboy; CBS (60 Minutes and 48 Hours); Gannett; Sony Pictures; Meredith Corporation; Clear Channel Communications; Time, Inc.; Warner Music Group; The Associated Press, The Taunton Press; and the Weinstein Company.
Commercial and Complex Litigation
Duane’s experience includes: representing Comcast in a significant class action arising out of statutory fees, and in permit fee litigation, at trial and successfully on appeal through the state Supreme Court, and also in right of way and consumer claims; Lanham Act litigation for an auto consortium against a national advertiser; corporate governance litigation for a significant private institute; partnership litigation involving a $600 million claim in geothermal development; software licensing litigation between two significant national competitors; and a wide variety of litigation against local, state and federal government, including administrative challenges on behalf of a world-renowned business leader and philanthropist; a challenge to the constitutionality of state tax reform, at trial and through the state Supreme Court; free speech restrictions on private property, again at trial and through the state Supreme Court; and the defense of many unlawful trade practice and advertising matters.
Most Recent Representative Information and Content Litigation
Spread v. The Weinstein Company; Anchor Bay Entertainment; J.C. Penney Co.; and Marchesa Holdings
Representing all defendants regarding copyright infringement claims arising out of music attached to distribution of "Silver Linings Playbook." (D. Or. Ongoing)
Consumer Cellular, Incorporated v. ConsumerAffairs.com, Inc.
Representing all defendants against unlawful trade practice, intentional interference with prospective economic relationships, defamation, and RICO claims, arising out of content on defendants’ consumer review website. (D. Or. 2016)
Penguin Group (USA) Inc. v. American Buddha
Obtained summary judgment for Penguin Random House in its copyright infringement claims against a nonprofit that places publisher’s works online and claims fair use because of alleged transformative searchability. (D. Ariz. 2015)
Expunged Records, LLC v. Warner Bros. Records, Inc.
Defeated motions for injunctive relief sought against Warner, arising out of rights in recording artists and copyright matters. (2014)
Bent Image Lab v. Refuge VFX LLC
Represented plaintiff in claims of breach of fiduciary duty and misappropriation, concerning images used in television series "Grimm" and others. Matter successfully resolved. (2014)
Lincoln City Lodging Limited Partnership I v. John/Jane Doe, dba TripAdvisor User “12Kelly”
In a precedent-setting matter for TripAdvisor, successfully used Oregon’s media shield law to quash subpoena seeking the identity of an anonymous TripAdvisor reviewer. (2014)
LaHodny v. CBS News and 48 Hours
Successfully defended CBS News and 48 Hours against defamation and privacy claims arising out of criminal investigation. (2015)
Oregon Health and Sciences University v. The Oregonian
Successfully represented the Northwest’s largest newspaper at trial in public records litigation. Presented oral argument in the Court of Appeals, where the matter is pending. (2015)
Mullen v. KPTV
Represented Meredith Corporation and reporter in an invasion of privacy claim, at trial and successfully in the Oregon Court of Appeals, where issues of the scope of Oregon’s anti-SLAPP statute were decided. (2015)
Christenson v. FLTI, et al.
Successfully defended publisher, Campus Crusade for Christ, in copyright action against claims of substantial similarity infringement. (D. Or. 2013)
Oregon Public Broadcasting v. Portland Public Schools
Representing Oregon Public Broadcasting in its suit against school district, alleging failure to comply with public meetings laws. (Ongoing)
Karboau v. KGW-TV
Successfully brought anti-SLAPP action defeating libel claim against Gannett station arising out of broadcast concerning allegations of criminal matters. (2014)
Most Recent Representative Commercial and Complex Litigation
Comcast v. City of Eugene
Representing plaintiff at trial and successfully in the Oregon Court of Appeals and in the Oregon Supreme Court. 211 Or. App. 573, 155 P.3d 99, affirmed at 346 Or. 238,209 P.3d 800, regarding fees charged by city. Continued representation in trial court. (Ongoing)
Imel v. Imel
Successfully represented newspaper chain at trial and in mandamus proceeding in the Oregon Supreme Court, arising out of statutory provisions requiring valid placement of public notices. (2013)
Noonan v. Bridges Produce
Represented organic food distributor in defending defamation claim, introducing anti-SLAPP motion and obtaining an immediate settlement. (2014)
Snook v. Stars Cabaret
Successfully used anti-SLAPP statute to obtain dismissal of multiple claims, including false arrest, against gentleman’s club. Obtained substantial fee award. (2014)