PATENT LITIGATION

GLAXO GROUP LTD D/B/A GLAXOSMITHKLINE V. DR. REDDY’S LABORATORIES, LTD, (S.D.N.Y.)

represented plaintiff in Hatch Waxman patent litigation pertaining to the migraine medication Imitrex®

NANO-PROPRIETARY, INC. V. CANON INC. AND CANON U.S.A., INC., (W.D. TEX.)

represented defendants through jury trial resulting in a verdict awarding zero dollars in damages to plaintiff

NANO-PROPRIETARY, INC. V. CANON INC., (5TH CIR.)

represented appellee and succeeded in having the jury’s verdict of no damages affirmed and the trial court’s grant of summary judgment reversed in its entirety resulting in a complete victory on behalf of the client

PFIZER, INC. V. TEVA PHARMACEUTICALS U.S.A., INC., (D.N.J.)

represented plaintiff in Hatch Waxman patent litigation where we succeeded in halting sales of a generic quinapril product marketed by generic pharmaceutical manufacturers

PFIZER, INC. V. TEVA PHARMACEUTICALS U.S.A., INC., (FED. CIR.)

represented appellant and persuaded the Federal Circuit to affirm the preliminary injunction granted by the D.N.J.

SP TECHNOLOGIES V. CANON INC. (E.D.N.Y.)

represented defendant in patent infringement action, which settled on terms favorable to our client

TYCO HEALTHCARE GROUP LP, ET AL. V. MUTUAL PHARM CO., ET AL., (D.N.J.)

represented plaintiffs asserting patent infringement under the Hatch Waxman Act

AIP ACQUISITION LLC V. LEVEL 3 COMMUNICATIONS, INC., (E.D. TEX.)

managed patent litigation pertaining to routing telecommunication traffic according to economic considerations and assisted in prior art searches and drafting of inter partes review

C2 COMMUNICATIONS TECHS., INC. V. LEVEL 3 COMMUNICATIONS, LLC, ET AL., (E.D. TEX.)

managed patent litigation pertaining to VoIP technology and served as the corporate representative for Level 3 during jury trial

GLOBETECTRUST LLC V. LEVEL 3 COMMUNICATIONS, LLC, (D. DEL.)

managed patent litigation pertaining to “dead reckoning” routing of data packets

LEVEL 3 COMMUNICATIONS, LLC ET AL. V. LIMELIGHT NETWORKS, INC., (E.D. TEX.)

managed patent litigation pertaining to content delivery network (CDN) including overseeing large e-discovery review and production and responding to discovery requests

RATES TECH. INC. V. LEVEL COMMUNICATIONS, INC. AND GLOBAL CROSSING LTD., (S.D.N.Y)

managed patent litigation and successfully obtained settlement on terms favorable to Level 3

TIERRA TELECOM, INC. V. LEVEL 3 COMMUNICATIONS, INC., ET AL., (E.D. VA.)

managed patent litigation including collection of responsive e-discovery and preparation of fact witnesses

ASPEN ROOFING, INC. V. ASPEN CONTRACTING, INC., CIV. (D. COLO.)

counsel for plaintiff asserting unfair competition under the Lanham Act and violations under the C.C.P.A. among other claims

AUSTIN FRESH BURGER BAR CONCEPTS LLC V. 5280 SLIDERS LLC ET AL., (D. COLO.)

counsel for plaintiff asserting trademark infringement and unfair competition and obtained favorable settlement

BYLER V. ELICIT LIFE LLC ET AL., (D. COLO.)

counsel for plaintiff trademark and copyright holder

LEVEL 3 COMMUNICATIONS, LLC ET AL. V. LIMELIGHT NETWORKS, INC., (E.D. TEX.)

managed patent litigation pertaining to content delivery network (CDN) including overseeing large e-discovery review and production and responding to discovery requests

CQG, INC. AND CQG, LLC V. CHART TRADING DEV., LLC, (PTAB)

counsel for petitioner requesting review under the transitional program for covered business method patents of the AIA and obtaining an Order holding that the challenged claims unpatentable

FUTURM COMMUNICATIONS LLC V. ADAPTIVE COMMUNICATIONS LLC ET AL., (JEFF. CTY. COLO.)

counsel for defendant against claims of trade secret misappropriation and breach of contract among other claims

IN RE CERTAIN OVERFLOW AND DRAIN ASSEMBLIES FOR BATHTUBS AND COMPONENTS THEREOF, INV. (USITC)

counsel for complainant and successfully instituting an investigation pursuant to 19 U.S.C. § 1337

INSPIRE COMMERCE, INC V. ENVISTA INTERACTIVE SOLUTIONS LLC D/B/A ENSPIRE COMMERCE, (D. COLO.)

counsel for plaintiff asserting trademark infringement and seeking cancellation of competitor’s trademark

LEVEL TERRAIN, LLC V. AMAZON.COM, INC. ET AL., (D. COLO.)

counsel for Level Terrain, LLC in patent infringement action against largest on-line retailer and obtained settlement favorable to plaintiff patent holder

LITENS AUTOMOTIVE V. ZEN S.A. AND ZEN NORTH AMERICA CORP., (S.D. FLA.)

counsel for defendants against claims of patent infringement relating to overrunning alternator decoupler pulleys. Defendants also asserted a patent misuse affirmative defense and the action was resolved through settlement on terms favorable to Defendants

MEISINGER USA, LLC V. BRASSELER U.S.A. INC., (D. COLO.)

local counsel for defendants and obtained settlement favorable to defendants

NO-BULL ENT., LLC V. ZB PRODS, LLC, (W.D. MICH.)

counsel for plaintiff asserting patent infringement against competitor and obtaining settlement on terms favorable to client

OLDCASTLE PRECAST, INC. V. JENSEN ENTERPRISES, INC., D/B/A JENSEN PRECAST, (E.D. CAL.)

counsel for plaintiff asserting claims of patent infringement against a competitor in the precast concrete industry. The action resolved through settlement on terms favorable to Plaintiff

RD FASHION GROUP LLC V. JOSEPH MCEVOY D/B/A RIDIN DIRTY INC., (TTAB)

counsel for petitioner clothing retailer in successful cancellation action against the mark RYDIN DIRTY

RE/MAX LLC V. GRP REALTY, LLC ET AL., (D. COLO.)

counsel for plaintiff trademark holder

RE/MAX LLC V. QUALITY LIVING, LLC ET AL., (D. COLO.)

counsel for plaintiff trademark holder and obtained treble damages and attorneys’ fees

SWIFT DISTRIBUTION, LLC V. STARIN MARKETING, INC., (D. COLO.)

counsel for plaintiff asserting theft of trade secrets, among other claims

TERUMO BCT, INC. V. NOBLE HOUSE GROUP PARTY LTD., (PTAB)

counsel for petitioner Terumo BCT, Inc., a global leader in blood component and cellular technologies, to earn a favorable inter partes review (IPR) decision from the Patent Trial and Appeal Board (PTAB)

WCM INDUSTRIES, INC. V. DANCO, INC., (D. COLO.)

counsel for plaintiff asserting patent infringement pertaining to plumbing technology

WCM INDUSTRIES, INC. V. BLUEVUE, INC., (D. COLO.)

counsel for plaintiff asserting patent infringement pertaining to plumbing technology

WCM INDUSTRIES, INC. V. FEDERAL PROCESS CORP., ET AL., (W.D. TENN.)

counsel for plaintiff asserting patent infringement pertaining to plumbing technology

WCM INDUSTRIES, INC. V. IPS CORP., ET AL., (W.D. TENN.)

counsel for plaintiff asserting patent infringement and obtaining a jury verdict finding willful infringement and awarding treble monetary damages and attorneys’ fees

WCM INDUSTRIES, INC. V. LEGEND VALVE & FITTING, INC., (D. COLO.)

counsel for plaintiff patent holder and obtained settlement favorable to the client

WRIGHT & MCGILL CO V. ACTIVE OUTDOORS LLC ET AL., (D. COLO.)

counsel for plaintiff and counterclaim defendant seeking declaratory judgment of patent and trade dress invalidity and non-infringement pertaining to outdoor equipment products which settled on favorable terms

TACO BELL IP HOLDER, LLC V. ILLEGAL PETE'S, LLC, (TTAB)

counsel for trademark applicant restaurateur in trademark opposition proceeding which settled on favorable terms

PERRY STREET SOFTWARE, INC. V. JEDI TECHNOLOGIES, INC., (S.D.N.Y.)

counsel for plaintiff and counterclaim defendant seeking declaratory judgment of patent invalidity and non-infringement pertaining to mobile dating applications

BRIGHT DATA LTD. V. CODE200, UAB ET AL., (E.D. TEX.)

counsel for defendants against claims of patent infringement pertaining to proxy server technologies

BRIGHT DATA LTD. V. TESO LT, UAB, ET AL., (E.D. TEX.)

counsel for defendants against claims of patent infringement pertaining to proxy server technologies

SABLE NETWORKS, INC. AND SABLE IP, LLC V. CLOUDFLARE, INC., (W.D. TEX.)

counsel for defendant against claims of patent infringement pertaining to telecommunication buffering technologies

ADMISSIONS AND HONORS

States of Colorado and New York
US Court of Appeals for the 5th Circuit, the 10th Circuit, the Federal Circuit, and various district courts across the US
United States Patent and Trademark Office

Past Board Member, the Colorado Intellectual Property American Inn of Court

PUBLICATIONS AND SPEAKING EVENTS

Researching Patent and Trademark Information: Essential Information You Need to Protect Your Intellectual Property Workshop, Mesa County Library, Oct. 31, 2018.

Neither the Well-Known Marks Doctrine nor KORUS Provides Basis for a Prior Use Claim, INTA Bulletin, Vol. 73 No., Feb. 15, 2018.

The Continued Concern with Inequitable Conduct in Patent Cases, National CLE Conference - Intellectual Property, Vail Colorado, Jan. 3-7, 2009.

Untangling the Nanothreads Between the Enablement and Written Description Requirements, 4 Nanotech. L. & Bus. 41 (2007)