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Admitted to Practice

  • Washington, 2008
  • U.S. Supreme Court
  • U.S. Court of Appeals 9th Circuit
  • U.S. District Court Western District of Washington
  • U.S. District Court Eastern District of Washington
  • U.S. Court of Appeals 2nd Circuit
  • Tulalip Tribal Courts Washington

John A. Goldmark

GoldmarkJohn
Partner
T206.757.8068
F206.757.7068

John Goldmark represents clients in complex litigation and appeals, with an emphasis on intellectual property disputes, class action defense, and securities litigation. He has hands-on experience in a wide variety of matters, including intellectual property litigation (plaintiff and defense), consumer class actions, state and federal securities fraud claims, contract disputes, and appellate litigation. John represents clients from a variety of industries, including online retail, software, telecommunications, international import, national retail and distribution, health care, and financial services.

Representative Experience

Selected Intellectual Property Litigation Experience

Hard 2 Find Accessories, Inc. v. Amazon

Representing Amazon in antitrust suit concerning takedown of counterfeit Apple products. Obtained dismissal of all claims with prejudice. Defending plaintiff’s appeal to the 9th Circuit. 58 F. Supp. 3d 1166, 1172 (W.D. Wash. 2014; Ongoing)

Play Vision v. Dollar Tree Stores

Represented national retailer in defense of patent, copyright, and trademark infringement suit involving various thermoplastic rubber toys. Obtained voluntary dismissal with prejudice of all claims, including court-ordered monetary sanctions and attorneys’ fees against plaintiff and its counsel. 2011 WL 2292326 (W.D. Wash. 2011)

Zhongyi v. Microsoft

Represented Microsoft in copyright infringement action involving Chinese fonts. Obtained transfer to W.D. of Washington and then dismissal with prejudice of all claims. 2013 WL 6979555 (W.D. Wash., 2013). Successfully defended plaintiff’s appeal, and the 9th Circuit Court of Appeals affirmed the dismissal in all respects. (July 2016)

Microsoft v. GER

Representing Microsoft in copyright infringement and breach of contract suit against recycling vendor who allowed Microsoft products to be distributed and sold without Microsoft’s knowledge or permission. (Ongoing)

Routt v. Amazon

Representing Amazon in copyright infringement action concerning material posted on third-party associate websites. Obtained dismissal with prejudice of all claims. 2013 WL 695922 (W.D. Wash. 2013). Plaintiff’s appeal to the 9th Circuit Court of Appeals is pending. (2014)

EdiZONE v. Toysmith

Represented major toy wholesaler in defense of patent infringement suit involving color-changing toys. Obtained voluntary dismissal with prejudice of all claims. (D. Utah 2011)

Toysmith v. Poof-Slinky

Representing 4M and Toysmith in copyright infringement and tortious interference suit against competitor distributor and retailer concerning children’s science kits. Obtained favorable settlement and resolution. (W.D. Wash.)

Selected Consumer Class Action Experience

Peters v. Amazon.com

Represented Amazon.com in a putative nationwide class action challenging timing for disbursing seller funds. Obtained order compelling individual arbitration and plaintiffs’ voluntary dismissal of all claims. 2 F.Supp.3d 1165 (W.D. Wash. 2013). Plaintiffs' appeal to the 9th Circuit Court of Appeals is pending. (2014)

Lane’s Gifts v. Microsoft

Represented Microsoft Online Inc. (“MOI”) in putative class action alleging MOI misrepresented the characteristics of websites comprising its online advertising network. Case settled. (W.D. Wash. 2015)

Schumacher v. Amazon

Represented online retailer in putative class action in California federal district court against product liability and warranty claims. Obtained dismissal. (2012)

Other Selected Litigation Experience

Orthopedic Specialty Clinic v. Providence Health & Services

Representing leading nonprofit health system in lawsuit alleging antitrust and tortious interference claims arising from its hiring of orthopedic surgeons formerly employed by plaintiff. (Spokane Cnty. Sup. Ct. 2015; Ongoing)

Access the USA v. Citigroup

Representing financial institutions that underwrote bonds for the SR-520 bridge construction project in a lawsuit by an attempted purchaser alleging state securities act violations, unlawful discrimination, and consumer protection act claims. Removed to federal court and successfully obtained dismissal of federal discrimination claim. On remand, obtained dismissal with prejudice of Securities Act and consumer protection claims. Amended complaint with new theories now pending. (Ongoing)

Everett Hangar v. Sessions

Represented corporate flight department at Paine Field in property use litigation against neighboring hangar owner. Won case after two-week trial in early 2015, obtaining substantially all relief sought and an award of attorneys’ fees. Defending defendants’ appeal to Washington Court of Appeals. (Snohomish Cnty. Sup. Ct. 2015; Ongoing)

Williams v. Seattle Seahawks

Represented Seattle Seahawks against suit brought by disgruntled San Francisco 49ers fan challenging geographic limits on ticket sales for the NFC Championship game between the Seahawks and 49ers. Obtained order dismissing all claims.  Plaintiff’s appeal to the 9th Circuit is pending. 2014 WL 5514378 (W.D. Wash. 2014)

FutureSelect v. Ernst & Young

Represented auditor in securities fraud suit in state court against negligent misrepresentation and state securities fraud claims arising from fallout of the Bernie Madoff Ponzi scheme. Obtained complete dismissal of all claims with prejudice. Plaintiffs’ appeal pending before the Washington Supreme Court. (2014)

Cook v. Providence

Represented major hospital organization in defense of Qui Tam lawsuit. Obtained dismissal of all claims with prejudice. 2014 WL 4094116 (W.D. Wash. 2014)

Additional Qualifications

  • Law Clerk, Hon. John C. Coughenour, U.S. District Court, Western District of Washington, Seattle, 2008-2009
  • Extern, Hon. Ricardo S. Martinez, U.S. District Court, Western District of Washington, Seattle, 2006
  • Trial Fellowship, King County Prosecutor’s Office, Felony Trial Unit, June-July 2012
  • Summer Associate, Davis Wright Tremaine, Seattle, 2007
  • Intern, Schroeter Goldmark & Bender, Seattle, 2001, 2004
  • Intern, Fred Hutchinson Cancer Research Center, Seattle, 2002 

Professional & Community Activities

  • William L. Dwyer Inn of Court, 2011-2014
  • Tribal Court Spokesperson, Tulalip Tribes of Washington, 2008

Professional Recognition

  • Selected to “Washington Rising Stars,” Thomson Reuters, 2013-2016
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