Related Practices

Admitted to Practice

Washington
U.S. Supreme Court
U.S. Court of Appeals 9th Circuit
King County Superior Court

F. Ross Boundy

Partner

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Seattle

T206.757.8201

F206.757.7201

Engaged in trial practice since 1971, Ross Boundy has extensive trial and appellate experience in state and federal courts on the West Coast as well as in Florida, Illinois, Minnesota, New York, Ohio, and Wyoming. Ross also appears before the Court of Appeals for the Federal Circuit in Washington, D.C. He has been lead counsel in numerous lawsuits involving intellectual property, including patents, trademark and copyright, and related matters.

Representative Experience

Energy Heating, LLC, et al. v. Heat On-The-Fly, LLC et al.

Initiation of Declaratory Judgment and defense of Energy Heating, LLC and Rocky Mtn. Oil Field Services, LLC in patent infringement suit involving heating water for hydraulic fracturing operations. (D.N.D. Ongoing)

Cooper Equipment, Inc., et al. v. Armstrong International, Inc.

Initiation of successful Declaratory Judgment action and defense of Cooper Equipment, Inc., Energy Heating, LLC and Rocky Mtn. Oil Field Services, LLC in patent infringement suit involving portable water heating systems, resulting in voluntary dismissal. (D.N.D. 2012)

Accor Technology, Inc. v. Keeney Manuf. Co.

Represented Accor Technology, Inc., manufacturer of plumbing valves, in lawsuit against competitor alleging trademark infringement. Case successfully settled. (W.D. Wash. 2011)

J.R. Four Ltd. dba Technical Glass Products v. Proscience et al.

Represented manufacturer of architectural glass in lawsuit against former distributor alleging trademark infringement. Case successfully settled. (2011)

Rawlings Sporting Goods Co., Inc. v. Under Armour, Inc.

Represented Rawlings, a major sporting goods manufacturer, in litigation arising from competitor's use of design patent and trademark in advertising and promotional materials. After the court entered a preliminary injunction ordering competitor to stop and issue corrective notices, the case successfully settled. (W.D. Wash. 2011)

Derek Andrew, Inc. v. Vital Pharmaceuticals, Inc.

Represented clothing designer in competing trademark infringement actions in a Florida federal court and the U.S. District for the Western District of Washington. Successfully obtained dismissal of the Florida lawsuit in favor of the preferred Washington venue. Successfully obtained preliminary junction. (2008)

Professional Bowlers Association v. Aaron Rents

Represented Professional Bowlers Association in successful defense of billion-dollar suit brought by former trademark licensee. The case settled on terms favorable to the association. (T.T.A.B. 2008)

SOG Specialty Knives & Tools, Inc. v. Cold Steel, Inc.

Counsel in a trademark infringement lawsuit filed in the U.S. District Court for the Western District of Washington. Following oral argument, the case was dismissed for lack of personal jurisdiction. (2008)

Global Maintech Corp. v. I/O Concepts, Inc.

Represented defendant against patent infringement claims involving computer mainframe interconnectivity. Obtained summary judgment holding the patent not infringed; affirmed on appeal. (W.D. Wash. 2007) Read more

Precor Incorporated v. Life Fitness

Represented Precor as plaintiff/patentee in complex patent litigation. After a three-week trial, the jury denied Life Fitness' claims for patent infringement, invalidated Life Fitness's patent, awarded Precor a multi-million dollar award for willful infringement of its design patent, and found Life Fitness guilty of unfair competition. On appeal, the Federal Circuit affirmed in part and reversed in part. (W.D. WA 1999) (2:98-cv-00694-JCC) (Federal Circuit 2001) (2000-1201) (W.D. Wash 2001) Read more

Seattle Storm, Inc. v. WNBA Enterprises, LLC*

Defended the Women's National Basketball Association in federal district court in Seattle against claims of trademark infringement, dilution and unfair competition arising out of the adoption of the name 'Seattle Storm.' The court found in favor of the WNBA and dismissed plaintiff's case in its entirety. (2000)

Azteca Restaurant Enterprises, Inc. v. Z-Teca Restaurant Corporation*

Obtained summary judgment of liability and permanent injunction for plaintiff in trademark infringement action. (1999)

Unisplay S.A. v. American Electronic Sign Co., Inc. and Williams*

Represented Unisplay in patent infringement action; obtained jury verdict for $1.628 million, to which the court added enhanced damages, prejudgment interest and attorneys' fees. 69 F.3d 512, 36 U.S.P.Q.2d 1540 (1995) Read more

Volk Optical, Inc. v. Ocular Instruments, Inc.*

Represented patentee in declaratory judgment/infringement action before federal district court in Cleveland, Ohio. Case settled for substantial sum in consideration of covenant not to sue for further infringement. (1993)

* Denotes experience completed at a prior firm

Additional Qualifications

Member in Charge of Litigation; Chair, Management Committee – Christensen O'Connor Johnson Kindness PLLC
Principal; Chair, Litigation Department; Member, Management Committee – Shidler, McBroom, Gates & Lucas (now K&L Gates)

Professional & Community Activities

Litigation and Intellectual Property Sections, American Bar Association
American Trial Lawyers Association
King County Bar Association
Washington State Trial Lawyers Association
Mediator, U.S. District Court, Western District of Washington
Arbitrator, Commercial Litigation Panels, American Arbitration Association
Arbitrator, King County Mandatory Arbitration Program
Visiting Faculty Member, J. Reuben Clark Law School, Brigham Young University, 2005
Appointed Special District Counsel, Washington State Bar Association, 1988-1996
Committee of Law Examiners, Washington State Bar Association, 1984-1991