Representative Experience
Litigation
VISICU v. Cerner
Represent plaintiff and patent holder in patent infringement suit regarding remotely monitored intensive care units. (W.D. Mo. Ongoing)
VISICU v. iMDSoft, Cerner
Represent healthcare informatics provider prosecuting trade secret and patent claims related to remotely monitored intensive care units. (E.D. Pa. Ongoing)
Wolverine Outdoors, Inc. v. Marker International GmbH
Counsel to international outdoor products retailer Marker International GmbH in trademark conflict proceedings before the Trademark Trial and Appeal Board. (T.T.A.B. Ongoing)
EdiZONE v. Toysmith
Lead counsel to major toy wholesaler in defense of patent infringement suit involving color-changing toys. Obtained voluntary dismissal with prejudice of all claims. (D. Utah 2011)
LivePerson v. InstantService.com, Inc. and Art Technologies Group, Inc.
Defense of industry leading online services software company in patent infringement suit relating to the delivery of support and customer service over the Internet. Obtained dismissal without prejudice. (S.D.N.Y. 2011)
Play Vision v. Dollar Tree Stores
Represent national retailer 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)
Preferred Nutrition, Inc. v. Lorna Vanderhaeghe
Counsel in defense of claims of trademark and trade dress infringement involving nutritional supplements. (W.D. Wash. 2011)
Nash Manufacturing Inc. v. Kent Sporting Goods Company Inc. et al
Defended wakeboard manufacturer in patent infringement litigation. Obtained dismissal without prejudice. (N.D. Tex. 2010)
RoundTable Healthcare Partners, LLC v. Angiotech Pharmaceuticals, Inc.
Lead counsel to Angiotech Pharmaceuticals in contract dispute involving recovery of escrow funds under indemnification provisions of stock purchase agreement concerning involving the quality systems at several medical device manufacturing facilities. (S.D.N.Y. 2010)
G. Loomis, Inc. v. Gary Loomis
Represented defendant in trademark suit relating to the use of his name. (W.D. Wash. 2009)
Meeco, Inc. v. Imperial
Lead counsel to Imperial Manufacturing Group; successfully tried claims of trade secret misappropriation, trademark infringement and reverse passing off involving consumer products. (W.D. Wash. 2007)
Amazon v. Zyda
Lead counsel to Amazon EVP Finance, successfully defended against enforcement of noncompetition agreement in executive's move to eBay. (W.D. Wash. 2006)
Corbis v. Allwall Technologies, Inc.
Counsel to Allwall Technologies, an Internet art vendor, in copyright infringement litigation. (W.D. Wash. 2004)
1-800-CONTACTS v. Petmed Express, Inc.
Lead counsel to 1-800-CONTACTS. Obtained injunction against infringing television advertising. (D. Utah, Cent. Div. 2002)
Lucas v. Human Kinetics Publishers, Inc.
Lead counsel to Human Kinetics Publishers, Inc.; obtained dismissal of copyright infringement claims relating to a leading volleyball textbook. (W.D. Wash. 2000)
Physio-Control, Inc. v. NuSkin, Inc.
Lead counsel to retailer; successfully defended NuSkin's right to use the trademark 'Lifepack' against a claim of infringement brought by Physio-Control. The case involved successful defense of a preliminary injunction motion, dismissal of the claims on summary judgment, and affirmation on appeal. (W.D. Wash. 2000)
Amazon.com v. barnesandnoble.com
Co-counsel to Barnes and Noble in the 'One-Click' patent infringement case. (W.D. Wash. 1999)
TDS, Inc. v. PHAMIS, Inc.
Counsel to health care information systems vendor, PHAMIS, Inc.; six-week bench trial of computer software trade secret claims resulted in judgment of dismissal. Plaintiff's damage claim was $82 million. (W.D. Wash. 1998)
Costco Wholesale Corporation v. Jefco
Counsel to Costco in litigation successfully enforcing trademark rights. (1997)
Trek, Inc. v. Costco Wholesale Corporation
Successfully defended Costco's right to obtain and sell bicycles over the objection of the manufacturer and trademark holder of the products. (W.D. Wash. 1997)
Mediation – Serving as the Mediator
Cockburn v. SWS Industries, Inc., et al.
Copyright dispute regarding paper punches. (W.D. Wash. 2012)
Coloplast A/S v. Generic Medical Devices, Inc.
Patent infringement dispute regarding transobturator procedure. (W.D. Wash. 2012)
Dantanio v. Southwest Educational Development Corp.
Copyright infringement dispute regarding educational materials. (E.D. La. 2012)
Ira Green Inc. v. J.L. Darling Corp.
Patent infringement dispute regarding spiral bound notebooks. (W.D. Wash. 2012)
Pacific Bioscience v. Nurta Luxe MD
Patent infringement dispute regarding skin care products. (W.D. Wash. 2012)
Pactool International LTD v. Kett Tool Company, Inc.
Patent infringement dispute regarding fiber-cement shear. (W.D. Wash. 2012)
Verizon California, Inc., et al. v. Ravindra Kumar Lahoti, et al.
Cybersquatting dispute. (C.D. Cal. 2012)
Direct Transfer LLC and Jonathan Gibbs v. Timeshare Relief, Inc., et al.
Trade libel dispute regarding online services. (C.D. Cal. 2011)
Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC, et al.
Patent/copyright infringement dispute regarding marine equipment. (M.D. Fla. 2011)
BYN Mellon Analytical Services v. Stalwart Research Corporation
Copyright infringement dispute regarding financial services and software. (2010)
SA Neurelec v. Otologics, LLC et al.
Development contract dispute regarding cochlear implants. (Dist. Ct. Colo. 2010)
Soaring Helmet Corporation v. Nanal, Inc., d/b/a Leatherup.com
Trademark infringement dispute regarding motorcycle accessories. (W.D. Wash. 2010)
Atlas Equipment Company LLC v. Weir Slurry Group Inc. et al.
Trade dress infringement dispute regarding slurry pumps. (W.D. Wash 2009)
Cricket Communications, Inc. v. HipCricket, Inc.
Trademark infringement dispute regarding telecommunications. (W.D. Wash. 2009)
National Products, Inc. v. Gamber-Johnson LLC
False advertising dispute regarding vehicle mounting systems. (W.D. Wash. 2009)
Teragren LLC v. Smith & Fong Co.
Patent infringement dispute regarding flooring attachment systems. (W.D. Wash. 2009)
Attachmate Corp. v. Carnival Corp.
Copyright infringement and Breach of Contract dispute regarding software. (W.D. Wash. 2008)
Experience Hendrix LLC v. Electric Hendrix LLC
Trademark infringement, Rights of Publicity dispute regarding liquor marketing. (W.D. Wash. 2008)
Dynacraft Industries, Inc. v. Homax Products, Inc.
Contract dispute regarding lighting systems. (W.D. Wash. 2007)
Neiman Marcus Group, Inc. v. Dotster, Inc.
Trademark infringement dispute regarding bulk domain name registration. (W.D. Wash. 2007)