Professionals

Experience

Represented two Indian companies who were names as respondents in an action under Section 337 of the Tariff Act of 1930, In the Matter of Certain Composite Wear Components and Products Containing Same (337-TA-644), and in the U.S. District Court for the Middle District of Tennessee in a declaratory action initiated by the Indian companies to attack the patent in question. The case has raised complex issues of conflicting jurisdictions and parallel patents in different countries. In 2010, the District Court declared the subject patent invalid, which resulted in a lifting of the bar to the Indian companies’ imports.

Acted as lead litigation counsel for the complainant in a Section 337 case regarding power supply coupler devices, resolving the matter by settlements, licenses and consent orders, and also exclusion orders as to respondents with whom other resolutions could not be reached. (In the Matter of Certain Coupler Devices for Power Supply Facilities and Components Thereof, and Products Containing Same [Inv. No. 337-TA-590])

Acted as the lead attorney defending an Indian-based condom manufacturer whose products were accused of infringing a U.S. patent. Case involved both an investigation before the International Trade Commission (In the Matter of Certain Male Prophylactic Devices [Inv. No. 337-TA-546]) and a parallel action for damages and other relief in the U.S. District Court of New Jersey. Successful on appeal to the full commission and, ultimately, the Federal Circuit.

Defended clients against claims of trade dress infringement and trade secret misappropriation in the restaurant business. After four weeks of the plaintiff presenting its case demanding over $12 million in damages and hosts of decorative changes, the case settled for less than 3 percent of that sum.

Represented a Seattle-based publisher of language software in a dispute with Rosetta Stone. The case involved sophisticated analyses of the uses and utility of language software, trade dress and trademark priorities and consumer perceptions.

Pursued claims against former employee of misappropriation of trade secrets from a company in the business of noninvasive testing and inspection of pipelines and furnaces in the chemical and petrochemical industry.

Represented a company in the business of noninvasive testing and inspection of pipelines and furnaces in the chemical and petrochemical industry in pursuing claims of misappropriation of trade secret concerning electronic and software technology developed by its client. Defended against assertions of patent infringement by the defendant in that same action. Case was resolved favorably to the client, who regained exclusive control of its intellectual property.

Acted on behalf of a number of Chinese companies accused of infringing the trade dress of a large cigarette lighter company named as respondents in In the Matter of Certain Lighters (Inv. No. 337-TA-575) and negotiated an arrangement which permits the Chinese companies to sell their products in the United States with minimal modification, and without any interruption of their businesses.

Pursued claims of federal Lanham Act unfair competition on behalf of a company with sophisticated technological tools to extend the life of underground electrical power transmission cables.

Professional Activities

• Member, American Bar Association
• Member, King County Bar Association
• Member, Computer Law Association

Publications

• "Tips for U.S./Canada Cross-Border Business," Garvey Schubert Barer Update, November 2011.
• "Conducting Discovery in China & Japan," co-author, The International Litigation Quarterly, Spring/Summer 2006.
• "You Can Advertise, But Don't Sell That Product: Virtual Jurisdiction in Washington," Washington Law Journal, June 2001.