Cassirer v. Kingdom of Spain
Action under Foreign Sovereign Immunities Act to recover Pissarro painting looted by Nazis from plaintiff's grandmother in 1939 and now held by the Thyssen-Bornemisza Museum in Madrid. The Court of Appeals for the Ninth Circuit upheld en banc the district courts' denial of defendants' motion to dismiss, holding that they are subject to suit under the immunity exception for claims involving property taken in violation of international law. Now sub judice in the 9th Circuit is the question of whether a portion of the current California statute of limitations infringes on federal foreign policy authority. (Ongoing)
Bike Alert plc v. JT Sports, LLC
Representing owner of JT RACING mark in opposition and cancellation proceedings in U.S. and Europe regarding rights to JT RACING and JT SPROCKETS marks. (Ongoing)
Washington Apple Commission v. Casual Industrees, LLC
Represented Washington Apple Commission in trademark infringement action against use of Washington apple logo on t-shirts. Obtained consent judgment against infringement and recovered attorneys' fees. (2012-2013)
Eagle View Technologies, Inc. v. Aerialogics LLC
Lead counsel defending aerial measurement service provider from three patents directed to computerized system for extracting three dimensional measurements from aerial photographs and related CAD processing software. Case stayed pending Patent Office reexamination based on significant new prior art uncovered. (W.D. Wash. Ongoing)
Leatherman Tool Group, Inc. v. Coast Cutlery Corp.
Represented Leatherman Tool Group in a false advertising claim against its competitor Coast Cutlery for false statements made by Coast regarding the steel used in its knives. (2012)
Ring & Pinion, Inc. v. ARB Corp.
Representing patentee ARB Corp., designer and manufacturer of equipment for off-road vehicles, in defense of declaratory judgment action and infringement counterclaims with respect to a patent for a locking differential. After prevailing on claim construction issues, the plaintiff changed its effort to design around ARB’s patent; motion for summary judgment of infringement pending. (W. D. Wash. Ongoing)
Zweibrüder Optoelectronics v. Coast Cutlery Corp.
Represented Leatherman’s subsidiary Zweibrüder Optoelectronics in a dispute with Coast, Zweibrüder’s former distributor of LED lights, over ownership of trademarks and unfair competition. (2012)
Ergo, LLC. v. Pacific Cycle, Inc.
Prosecution of infringement claim for patent covering ergonomic bicycle seat and defense of false marking counterclaim. Successfully settled after obtaining favorable claim construction ruling. (W.D. Wash. 2011)
Frank Russell Company v. Factor Advisors, LLC
Represented Frank Russell in a declaratory judgment action seeking confirmation of Frank Russell’s right to use the term “factor” as part of the name of an exchange traded fund. Case successfully settled. (2011)
Jovanovich v. Redden Marine Supply, Inc.
Defense of commercial fishery supply company against infringement claim involving patent covering multicolored fishing net. After prevailing on claim construction, plaintiff voluntarily dismissed its complaint with prejudice and undertook not to sue on patent in future. (W.D. Wash. 2011)
Main Hastings LLC v. Pitney Bowes Inc., Pitney Bowes Software Inc., and Celartem, Inc.
Defense of false patent marking claims against software developer; obtained transfer of case from Eastern District of Texas to Western District of Washington, and then successfully settled. (E.D. Tex., W.D. Wash. 2011)
RovAir, Inc. v. Clearwire Communications, LLC
Defended Clearwire in a trademark infringement claim involving the mark RovAir for wireless broadband services. Case successfully settled. (2011)
United States Playing Card Co. v. Angel Playing Cards Co., Ltd
Represented the leading manufacturer of playing cards in eight consolidated trademark opposition and cancellation proceedings in the United States, Canada and Singapore challenging card back designs used by a competitor, Angel Playing Cards, and defending against a cancellation counterclaim. Case successfully settled. (2009-2011)
Anderson v. Pearson plc et al.
Defended the U.K., Canadian, and U.S. publishers of Penguin Books, and their corporate parent, against a copyright infringement claim in Alaska arising from use of photo on the cover of a book that had not been published or sold in the U.S. The case settled satisfactorily after extensive jurisdictional discovery and filing and arguing a motion to dismiss for lack of personal jurisdiction. (D. Alaska 2010)
Attachmate Corporation v. The Public Health Trust of Miami-Dade County Florida v. University of Miami
Represented third-party defendant University of Miami against claims of indemnification, contribution, breach of contract, and negligence, in action by plaintiff for copyright infringement and breach of license agreement arising out of alleged unauthorized copying of software. Obtained favorable settlement among all parties before client incurred significant discovery and litigation expenses. (2010)
Getty Images (US) Inc. v. Visions of Tomorrow, Inc. and Minden Pictures, Inc.
Represented the world's leading provider of stock photography in arbitration and litigation with two image partners regarding Getty Images' licensing of their images through a new product. The case centered on the image partners' claims that Getty Images breached its contracts with them and violated their, and their contributors', copyrights by licensing the images. After significant discovery and motion practice, the case settled satisfactorily. (S.D.N.Y. and arbitration by Judicial Dispute Resolution, Inc., 2010)
Psihoyos v. NBC Universal, Inc. and Getty Images
Defended a copyright infringement claim arising from NBC Universal's use of video footage of a bank of video screens, which it had licensed from Getty Images, and which the plaintiff claimed was substantially similar to his photograph '500 TVs,' depicting a bank of television screens. The case successfully settled after filing and arguing a motion to dismiss for failure to state a claim based on lack of substantial similarity to the defendant's photograph. (S.D.N.Y. 2010)
Attachmate Corporation v. Sentry Insurance
Defense of claims for copyright infringement and breach of license agreement arising out of alleged copying of software. Obtained dismissal of breach of license claim as preempted by Copyright Act; case successfully settled shortly thereafter. 90 U.S.P.Q.2d 1648 (W.D. Wash. 2009)
Aztec Fabrication, Inc. v. Compeau's, Inc.
Represented plaintiff Aztec Fabrication, Inc., manufacturer of Phantom Jet Boats, in trademark and cybersquatting claim against former distributor. Case settled successfully. (E.D. Wash. 2009)
Digi-Net Technologies, Inc. v. Talisma Corp.
Defended software company against claim for infringement of a patent involving Internet chat system for providing customer service to website users. Case settled successfully. (W.D. Wash. 2009)
Information Builders, Inc. v. Omni Development Inc.
Represented software manufacturer in opposition proceedings before the Trademark Trial and Appeal Board. Omni's attempted registration of OMNIFOCUS trademark in connection with personal task management software was opposed by Information Builders, the holder of a number of marks containing the term 'focus.' After mounting a 'crowded-field' defense and proving numerous third-party uses, obtained settlement that allows Omni to use OMNIFOCUS mark in connection with its task management software. (T.T.A.B. 2009)
JSA Technologies, Inc. v. Informed Decisions Corp. d/b/a CASHNet
Defended payment processing software company against claim for infringement of a patent involving Internet payment and value transfer systems. After a crowd sourcing prior art search uncovered new prior art, case settled favorably. (D. Del. 2009)
Northwest Agricultural Products, Inc. v. Emerald BioAgriculture Corp.
Represented plaintiff seeking declaration of non-infringement and invalidity of multiple patents directed to plant growth and metabolic regulators and stimulants. Case settled successfully prior to claim construction. (E.D. Wash. 2009)
ProteoTech, Inc. v. Unicity International, Inc.
Represented plaintiff, owner of patent on nutraceutical product, in patent and trademark infringement litigation against former licensee. Won partial summary judgment on issue of first impression with regard to sub-licensing of non-exclusive license agreements; case settled thereafter. (W.D. Wash. 2008)
Trinity Glass International, Inc. v. ODL, Inc.
Represented plaintiff in action seeking a declaratory judgment that defendant's patent on a hurricane-proof window is invalid or not infringed. Case ended in confidential settlement after providing prior art to defendant. (W.D. Wash. 2008)
Choongwae Pharma Corporation v. Institute for Chemical Genomics
Represented defendant research institute and lead scientist in dispute over ownership of patent applications for biotech inventions and alleged misappropriation of trade secrets. Successfully settled. (W.D. Wash. 2007)
Dibbs v. The Franklin Mint, et al.
Defense of copyright infringement action involving use of photographs in promotional materials for model airplanes. Obtained favorable confidential settlement. No. CV06-604RSM (W.D. Wash. 2007)
Guthy-Renker Corporation v. Halogent LLC d/b/a Exposed Skin Care
Trademark, false advertising and copyright infringement dispute over defendant's keying search engine advertisements to searches on plaintiff's PROACTIV trademark, and content of defendant's website. Successfully settled. (C.D. Cal. 2007)
HomeStreet, Inc. v. HomeStone Mortgage, Inc.
Represented plaintiff bank in dispute over trademark infringement of 'HomeStreet Bank' mark. Case ended in confidential settlement. (W.D. Wash. 2007)
Patent services for Wagstaff
Represented Wagstaff in complex technology transfer agreement arbitration. (2007)
PotatoFinger, Inc. v. Snack Alliance, Inc.
Represented defendant in trade dress dispute over appearance of potato chip bag, and defeated motion for preliminary injunction. Case subsequently settled. (N.D. Ga. 2007)
Trinity Glass International, Inc. v. Burns, Morris & Stewart, L.P.
Obtained summary judgment of non-infringement after obtaining more favorable claim construction than in previous litigation on same patent; patentee subsequently abandoned its appeal without any settlement being entered into. (W.D. Wash. 2005)
Seattle Gourmet Foods, Inc. v. The Bon, Inc.
Represented former manufacturer of Frango chocolates in trademark, trade dress, trade secret and false advertising dispute involving rights to make a competing chocolate under the Frederick & Nelson trademark. Case ended in confidential settlement. (King Cnty. (Wash.) Super. Ct. 2004)
Zi Corporation of Canada v. Tegic Communications, Inc.
Obtained summary judgment dismissing infringement claims as to software for stroke-based entry of Chinese characters; substantially affirmed on appeal. (W.D. Wash. 2003)