Professionals
206.816.1520 
206.464.0125 
Richard Siefert's complex litigation practice focuses on antitrust and intellectual property disputes. Mr. Siefert has appeared in courts throughout the United States and has taken evidence abroad pursuant to treaties and protocols with foreign governments in Europe and Asia. His practice includes mediation and arbitrations, as an advocate or a neutral.
Mr. Siefert was a litigation partner at the intellectual property law firm of Merchant & Gould, Seattle office, and was a litigation partner in the general practice firm of Lane Powell, Seattle office. He served as a Trial Attorney at the United States Department of Justice, Antitrust Division, in Washington, D.C., and as Special Assistant U.S. Attorney, Eastern District of Virginia.
Clients Represented in Litigation:
Tokyo Marine, Ltd.
Arbitration of antitrust claims regarding international parcel tanker shipments. See Stolt-Nielsen S.A. v. AnimalFeeds Internat’l Corp., 130 S. Ct. 1758 (2010).
Microsoft Corp., ProClarity Corp.
Patent infringement litigation regarding reporting enhancement software used in connection with the SQL Server database platform. See Timeline, Inc. v. ProClarity Corp., 2007 U.S. Dist. LEXIS 70389 (W.D. Wash. 2007); Timeline, Inc. v. ProClarity Corp. and Microsoft Corp., 2007 U.S. Dist. LEXIS 38669 (W.D. Wash. 2007); Timeline, Inc. v. ProClarity Corp. and Microsoft Corp., 2007 U.S. Dist. LEXIS 26857 (W.D. Wash. 2007); Timeline, Inc. v. ProClarity Corp. and Microsoft Corp., 2007 U.S. Dist. LEXIS 7134 (W.D. Wash. 2007).
ImageX.com, Inc.
Defense of patent infringement claims regarding preflighting software used in printing images transmitted across the Internet.
Life Fitness, Inc.
Prosecution and defense of utility and design patent infringement claims and counter-claims regarding exercise treadmills and unfair competition and patent mismarking claims regarding the public promotion of patented features.
Nyko Technologies, Inc.
Defense of design patent infringement claim regarding a controller for the Nintendo Wii video game.
Corbis Corp.
Prosecution of damages case in copyright litigation brought under the Digital Millennium Copyright Act regarding the posting of copies of celebrity photographs on Web site. See Corbis v. Amazon.com, Inc., 351 F. Supp. 2d 1090; 77 U.S.P.Q 1182 (W.D. Wash 2004).
Nisus Corp.
Defense of antitrust counterclaims in patent infringement suit regarding a biodegradable pesticide.
GTE Corp.
Antitrust counsel before the Expert Review Panel on Internet Service Providers of King County, Seattle, Wash.
ImageX.com, Inc.
Defense of copyright claims regarding website design.
Sundstrand Data Control, Inc. (now a part of Honeywell, Inc.)
Defense of trade secret and antitrust claims brought by an inventor of an algorithm for use in an on-board flight performance computing system against The Boeing Company and one of its avionics vendors.
Quinton Instrument (now Cardiac Science Co.)
Prosecution of action for breach of distributorship contract for cardiology equipment and for misappropriation of trade secrets regarding development of software for cardiac measurement devices.
Mitsui & Co., Ltd.
Defense of landmark case on the extraterritorial reach of the U.S. antitrust laws in a criminal prosecution of the leading Japanese trading houses and fishing companies that imported to Japan processed seafood from Alaska. See U.S. v. C. Itoh & Co. et al., 1982-83 Trade Cas. (CCH) ¶ 165,011 0 (W.D. Wash 1982).
Mitsui & Co., Ltd.
Defense of enforcement investigation by the U.S. Department of Justice, conducted in Japan, of alleged violations of C. Itoh consent decree.
Mitsui & Co., Ltd.
Defense of antitrust class action brought by Alaskan salmon fishers claiming $1 billion in damages against seafood processors, Japanese importers and fishing companies.
Shigeru Hinoki, of Honshu Paper Co., Ltd. (now New Oji Paper Co., Ltd.)
Representation of key witness in criminal trial of Japanese fax paper manufacturers charged with cartel activity in Japan with regard to the pricing of fax paper for export to the United States. A landmark case testing the extraterritorial reach of a criminal prosecution of foreign nationals under the U.S. antitrust laws for conduct taking place exclusively on foreign soil. In an unprecedented proceeding, Mr. Hinoki testified from the U.S. Embassy in Tokyo by live satellite feed into the U.S. District Court in Boston. See United States v. Nippon Paper Indus. Co., 17 F. Supp. 2d 38; 49 Fed. R. Evid. Servo (Callaghan) 1604 (D. Mass. 1998); 944 F. Supp. 55 (D. Mass. 1996); rev'd United States V. Nippon Paper Indus. Co., 109 F.3d 1 (1st Cir.1997); cert. denied 522 U.S. 1044 (1998); rehearing denied, 522 U.S. 1143 (1998); 17 F. Supp. 2d 173 (D. Mass. 1999); 62 F. Supp. 2d 173 (D. Mass. 1999); 944 F. Supp. 55 (D. Mass. 1996).
Pacific Western Extruded Plastics Co. (then a subsidiary of Simpson Investments)
Defense of antitrust claims brought by a manufacturer of polyvinyl chloride pipe in the western United States against the dominant manufacturer and its raw material supplier, the B. F. Goodrich Co., alleging price discrimination, predatory pricing and attempted monopolization. See Pacific Plastics, Inc. v. BF Goodrich Co. and Pacific Western Extruded Plastics Co., 935 F.2d 275 (9th Cir. 1991).
Epson America, Inc.
Defense of discriminatory pricing claims brought by a reseller of computer printers against manufacturer.
Tektronix, Inc.
Defense of trademark infringement claims regarding the look and feel of handheld electronic measurement devices. See Fluke Corp. v. Tektronix, Inc., 112 F.3d 516, 1997 WL 187376, Unpublished Disposition, CA9 (Wash.), April 15, 1997.
Preston Vineyards, Inc.
Defense of trademark claims brought against a winery from another winery with a similar label.
Holiday Inn Corp.
Prosecution of trademark infringement and breach of franchise claims against a hotel operator.
Lloyd's of London
Defense of multimillion dollar securities-fraud claims brought by taxing authorities in Washington against a public treasurer arising out of the default of a large unregulated securities broker. See Washington Hospital Liability Insurance Fund v. Public Hospital District No 1 et al, 58 Wn App. 896; 795 P.2d 717 (1990); In re ESM Government Securities, Inc., Bank. L. Rep (CCH) ¶ 70,603 (related case).
Lloyd's of London
Defense of multimillion dollar claims brought by a potato processor against a refrigeration contractor for business interruption and lost profits due to an alleged faulty design of large-scale industrial refrigeration equipment. See U & I Group, Inc. v. Cloudy & Britton, Inc., 1989 WL 81605 (D. are. 1989).
Hillhaven Corp.
Defense of multimillion claim against a leading developer and operator of long-term care facilities.
The Estate Plan, Inc.
Defense of consumer protection prosecution by the Washington Attorney General regarding the marketing of living trusts.
Affiliated FM Insurance/Factory Mutual Engineering
Prosecution of subrogation action against warehouse operator for loss of goods due to malfunction of sprinkler system in arson fire. See ITT-Rayonier et al v. Puget Sound Freight Lines Co., 44 Wn. App. 368,722 P.2d 13 10 (Wash. App. 1986).
Benchmaster Mfg. Co.
Defense of breach of warranty claims regarding the design and manufacture of metal-forming dies for industrial production.
Geyser Peak Winery, Inc.
Defense of dealer termination claim.
Snelling & Snelling, Inc.
Prosecution of breach of franchise agreement and conversion claims against a renegade franchisee.
ComputerLand Corp.
Defense of antidiscrimination claims under the Franchise Investment Protection Act.
Mad River Fruit Co.
Prosecution of lender liability claims against the Bank of California arising out of multimillion dollar default.
Prosecution Experience with United States Department of Justice:
U.S. v. Dairymen, Inc. Civil prosecution of one of the nation's largest agricultural cooperatives (a Fortune 500 nonindustrial corporation) for attempting to monopolize milk production through predatory pricing, exclusive dealing practices with processors and haulers, and coercive membership enrollments. 10-week trial. See 1978-1 Trade Cas. (CCH) ¶ 62,053 (W.D. Ky. 1978); 1978-2 Trade Cas. (CCH) ¶ 62,186 (W.D. Ky. 1978); 1979-1 Trade Cas. (CCH) ¶ 62,494 (W.D.Ky. 1978); 1979-1 Trade Cas. (CCH) ¶ 62,493 (W.D. Ky. 1978); 1979-1 Trade Cas. (CCH) ¶ 62,495 (W.D. Ky. 1979); rev'd in part 660 F.2d 192 (6th Cir. 1981); aff'd 758 F.2d 654 (6th Cir. 1985).
U.S. v. The Federal Co., 403 F. Supp. 161 (W.D. Tenn. 1975) Civil prosecution of the acquisition of a flour milling company by a Fortune 500 competitor.
U.S. v. American Television and Communications Corp. and Cox Cable Communications, Inc., 1970-1979 Trade Reg. Rptr. 2298 (1972). Civil prosecution of the consolidation of leading national cable television firms.
Grand jury investigation of price-fixing by real estate brokers leading to the first felony conviction under the Sherman Act. See U.S. v. Jack P. Foley et al., 598 F.2d 1323 (4th Cir. 1979).
Numerous felony trials as Special Assistant United States Attorney.
Professional Activities
- Barrister, Intellectual Property Inn of Court, 2009-present
- Member, American Bar Association, Antitrust Section; Intellectual Property Law Section
- Member, American Intellectual Property Law Association
- Member, ADR Roundtable
- Member, Local Patent Rules Committee, Western District of Washington
Community Activities
- Member, Rotary Club of Seattle
- Member, National Alliance for the Mentally Ill
Publications
- "Issues Involving Intellectual Property," Washington Antitrust and Consumer Protection Handbook, Washington State Bar Association, 2002 and 2008 editions.
- "Fighting Counterfeiting and Piracy," IP Law360, July 23, 2007.
- "A Practical Guide to Antitrust Issues in Intellectual Property Transactions," Paper at Annual Spring Meeting of the Intellectual Property Section of the American Bar Association, April 2006.
- "Antitrust Law," Doing Business In Washington — A Guide to Foreign Business, Washington State Bar Association, 1989, 1992 and 2003 editions.
- "The Interface of Antitrust and Intellectual Property Law," Intellectual Property Annual Update, Washington State Bar Association, 2000.
- "Restraints of Trade," Washington Consumer Protection, Antitrust and Unfair Business Practices Law Developments, Washington State Bar Association, 1986, 1988, 1991 and 1993 editions.
