Stuart R. Dunwoody

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. Defendants' petition for certiorari was denied, and the case is now back in the Central District of California. (Ongoing)

Representing 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. (Ongoing)

Assertion of patent infringement claims on behalf of ARB Corp., designer and manufacturer of equipment for off-road vehicles. (Ongoing)

Representing Leatherman’s subsidiary Zweibrüder Optoelectronics in a dispute with Coast, Zweibrüder’s former distributor of LED lights, over ownership of trademarks and unfair competition. (Ongoing)

Prosecution of infringement claim for patent covering ergonomic bicycle seat and defense of false marking counterclaim. Successfully settled after obtaining favorable claim construction ruling. (2011)

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)

Successfully defended commercial fishery supplier against infringement claim involving patent covering multicolored fishing net. (2011)

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. (2011)

Defended Clearwire in a trademark infringement claim involving the mark RovAir for wireless broadband services. Case successfully settled. (2011)

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)

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)

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)

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. (2010)

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)

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)

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)

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)

Defended payment processing software company against claim for infringement of a patent involving Internet payment and value transfer systems. Case settled favorably. (D. Dela. 2009)

Represented a declaratory judgment plaintiff in patent litigation seeking declaration of non-infringement and invalidity of multiple patents directed to plant growth and metabolic regulators and stimulants. Case settled successfully. (2009)

Represented nutraceutical product patent holder ProteoTech, Inc. 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. 542 F. Supp. 2d 1218, 87 U.S.P.Q.2d 1317 (W.D. Wash. 2008)

Action for declaratory judgment that defendant's patent on a hurricane-proof window is invalid or not infringed. Case ended in confidential settlement. (W.D. Wash. 2008)

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)

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)

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)

Represented plaintiff bank in dispute over trademark infringement of 'HomeStreet Bank' mark. Case ended in confidential settlement. (W.D. Wash. 2007)

Represented Wagstaff in complex technology transfer agreement arbitration. (2007)

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)

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. (2005)

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)

Obtained summary judgment dismissing infringement claims as to software for stroke-based entry of Chinese characters; reversed in part on appeal. (W.D. Wash. 2003)