Cases

Below is a list of cases I have handled in my solo practice:

            United States Supreme Court

Microsoft v. i4i Limited Partnership, 131 S. Ct. 2238 (2011)
Filed an Amicus Curie brief on behalf of  AmiCour IP in support of i4i Limited Partnership who prevailed on appeal. The issue was whether the standard to invalidate a patent should be reduced from a clear and convincing standard to the preponderance of the evidence standard.  The AmiCour IP amicus curie brief was also cited in congressional testimony on May 21, 2014 by the Small Business Technology Counsel topic “Improvements to the Small Business Innovation Research Programs and Unleashing American Innovation.”

            United States Court of Appeals

Enterprise Management et al v. Warrick, 717 F3d 1112 (10th Cir 2012)
Prevailed on this appeal representing the Plaintiff copyright holder. The decision of the district court on summary judgment was reversed and remanded.

Bechtel v. Administrative Review Bd., U.S. Dept of Labor,  710 F.3d. 443 (2nd Cir. 2013).  Represented Plaintiff in an appeal regarding a violation of the federal whistleblower statute.

Burgess v. Gilman, 134 Fed. Appx. 200, 2005 WL 1413854 (9th Cir. 2005)
Represented Defendant in an appeal of the grant of a preliminary injunction in favor of Plaintiff in this trademark infringement action.  Decision affirmed.  (Reversed in favor of Defendant after successful verdict at trial).

            United States District Court

The Job Store v. The Job Store of Loveland Ohio, et al,
U.S. District Court, District of Colorado
Transferred to U.S. District Court, Southern District of Ohio (2015-2017)
Represented Plaintiff in this trademark infringement action for “Job Store.” Case settled.

Hamilton et al. v. High Mountain Mining Co.
U.S. District Court, District of Colorado (2016)
Civil pro bono counsel representing Plaintiff in this action for a violation of the clean water act.

Open Studio v. Boulder Metalsmithing Association
U.S. District Court, District of Colorado (2016)
Represented Defendant in this trademark infringement action against its use of “Open Studio” to denote when its studio is open to the public. Case settled.

Love Hobby, Inc. v. Flashcopter, LLC
U.S. District Court, District of Colorado (2016-2017)
Represented Defendant in this trademark infringement matter relating to “Flashcopter”.
Case settled.

Broadcast Music, Inc. et al v. B & D, LLC
U.S. District Court, District of Colorado (2014)
Represented Defendant in a copyright infringement matter.

Naturally Caffeinated Inc. v. Contour Tech., Inc.
U.S. District Court, District of Colorado (2013)
Represented Plaintiff in a breach of endorsement agreement. Case settled.

SalesBrain LLC et al v. AngelVision Tech.
U.S. District Court, Northern District of California, San Francisco Division (2013)
Represented Plaintiff in this copyright and trademark infringement action. Case settled

SalesBrain, LLC et al  v. Teligent Corp. et al.
U.S. District Court, Northern District of California, San Francisco Division (2013)
Represented Plaintiff in this copyright, trademark and breach of contract action. Case settled.

McConnell v. Microsoft Corp., U.S. District Court, District of Colorado (2012)
Represented Plaintiff in this declaratory judgement action relating to the enforceability of the restrictive covenants in an employment agreement. Case settled.

Lord Corp. v. Active Shock, Inc.
U.S. District Court, District of North Carolina, Western Division (2010)
Represented Plaintiff against Defendant’s infringement of three patents. Case settled.

TRI Marketing v. Mainstream Mktg Serv., Inc.,
U.S. District Court, District of Minnesota (2009)
Represented Defendant in this copyright infringement action prior to insurance defense counsel taking the matter over.  We filed a motion to dismiss because the copyright registration process was not complete at the time of the filing of the complaint.  At this time, the U.S. Circuit Courts of Appeal were split on the issue of whether a copyright registration needed to occur prior to filing an infringement action or whether an application for registration need only occur. This issue was ripe for U.S. Supreme Court review.

Corporate Visions Inc. v. SalesBrain, LLC et al
U.S. District Court, District of Nevada (2009)
Represented Defendant in this copyright infringement, tradesecret misappropriation, breach of contract action.

Phillips Performance Nutrition v. Bayer HealthCare, LLC,
U.S. District Court, District of Colorado (2008)
Represented Plaintiff in this declaratory judgement action for use of the “Phillips” trademark. Case settled.

Paltronics, Inc. v. Mikohn Gaming Corp., U.S. District Court, District of Nevada (2007)
Represented Plaintiff in a patent infringement action relating to a multi-screen patent for gaming equipment.

Burgess et al. v. Gilman, U.S. District Court, District of Nevada
475 F. Supp 2d 1051 (D. Nev. 2007)
Represented Defendant in this colorful trademark infringement action for the “Mustang Ranch”.  Mr. Gilman achieved a successful verdict at trial.

Mikohn Gaming Corp. v. Paltronics, Inc. U.S. District Court, District of Nevada (2006)
Represented Plaintiff in this patent infringement action relating to slot machines.  Realizing their likely defeat, Plaintiff voluntarily dismissed the case just prior to claim construction.

Progressive Gaming Int’l, Inc. v. Paltronics, Inc.
U.S. District Court, District of Nevada (2006)
Represented Defendant against patent infringement claims relating to table games.  The case settled just prior to the preliminary injunction hearing.

Lederman Bonding Co. v. Sweetalla, U.S. District Court, District of Colorado
2006 WL 2949290 (D. Colo., 2006)
Represented Plaintiff in this trademark infringement action.  Successfully defeated Plaintiff’s motion for a preliminary injunction. Case settled.

Cash Processing Serv. v. Ambient Ent. Inc., U.S. District Court, District of Nevada
418 F.Supp.2d 1227 (D. Nev. 2006) Represented Plaintiff trademark infringement action defeating Defendant’s motion summary judgment.

R & R Partners, Inc. v. Tovar,  U.S. District Court, District of Nevada. (2005)
Represented Plaintiff in this trademark infringement action for well known mark “What Happens Here Stays Here.” Summary Judgment in Plaintiff’s favor.

Atlantis Scientific, Inc. v. Keyhole, Inc., U.S. District Court, District of Northern California, San Francisco Division (2002)
Represented Plaintiff in this trademark infringement action for its “Earthviewer” mark. Case settled.

Faust v. Mt. Rose Dev. Corp. U.S. District Court, District of Nevada (2002)
Represented Ms. Faust, a local photographer, against copyright infringement by Mt. Rose ski resort. Case settled.

Sierra Expeditions, Ltd. v. World Wide Angler U.S. District Court, District of Nevada (2001), Represented Plaintiff in this trademark infringement suit for its “Angler’s World” mark. Case settled.

Sierra Design Group v. Oasis Tech. Inc. U.S. District Court, District of Nevada (1999)
Represented Plaintiff in its Declaratory Judgment action for a determination of non-infringement of gaming machines.  The case settled after a successful determination in favor of Plaintiff’s claim construction.

Sierra Design Group v. Game Data Inc. U.S. District Court, District of Nevada (1999)
Represented Plaintiff in a trade secret and breach of contract case. Case settled.

Riggs Marketing Inc. v. Mitchell Golf Equip., U.S. District Court, District of Nevada
45 U.S.P.Q.2d 1247 (D. Nev. 1998)
Represented Plaintiff in this patent infringement case relating to golf club bending machines and trademark infringement.  The firm returned a successful verdict at trial.

Carmel Inc. v. Beta Source. U.S. District Court, District of Nevada (1997)
Successfully defeated a preliminary injunction claim of patent infringement.

            United States Tax Court

Loughman et al v. Commissioner of Internal Revenue
U.S. Tax Court, 2017-2018
Represent the Petitioner in this case involving disparate treatment of Subchapter S corporations and unincorporated entities.

            Trademark Trial and Appeal Board

In addition over 100+ Trademark Trial and Appeal Board cases at the United States Patent & Trademark Office in the areas of Appeals, Oppositions and Cancellations

 

List of citations for reported decisions:

Bechtel v. Admin. Review Bd., 710 F.3d 443 (2d Cir. 2013)
Enterprise Management et al v. Warrick, 717 F3d 1112 (10th Cir 2012)
Burgess v. Gilman, 134 F. App’x 200 (9th Cir. 2005)

Job Store, Inc. v. Job Store of Loveland, Ohio, LLC, Civil Action No. 15-cv-02228-PAB-KLM, 2016 U.S. Dist. LEXIS 30086 (D. Colo. Mar. 9, 2016)

Salesbrain, Inc. v. Angelvision Techs., No. C 12-05026 LB, 2013 U.S. Dist. LEXIS 77786 (N.D. Cal. May 31, 2013)

Salesbrain, Inc. v. AngelVision Techs., No. C 12-05026 LB, 2013 U.S. Dist. LEXIS
40607 (N.D. Cal. Mar. 21, 2013)

Enter. Mgmt. v. Warrick, Civil Action No. 10-cv-00660-JLK-KMT, 2013 U.S. Dist. LEXIS 138518 (D. Colo. Sep. 20, 2013)

Naturally Caffinated, Inc. v. Contour Tech., Inc., Civil Action No. 13-cv-00475-MSK-NB, 2013 U.S. Dist. LEXIS 60747 (D. Colo. Apr. 29, 2013)

Enter. Mgmt. v. Warrick, Civil Action No. 10-cv-00660-JLK-KMT, 2012 U.S. Dist. LEXIS 46567 (D. Colo. Apr. 3, 2012)

Enter. Mgmt. Ltd., Inc. v. Warrick, Civil Action No. 10-cv-00660-JLK-KMT, 2012 U.S. Dist. LEXIS 65493 (D. Colo. May 10, 2012)

Tri-Marketing v. Mainstream Mktg. Servs., No. 09-13 (DWF/RLE), 2009 U.S. Dist.  LEXIS 42694 (D. Minn. May 19, 2009)

Phillips Performance Nutrition, Ltd. Liab. Co. v. Bayer Healthcare, Ltd. Liab. Co., Civil Action No. 07-cv-1982-JLK, 2008 U.S. Dist. LEXIS 110177 (D. Colo. Sep. 3, 2008)

Paltronics, Inc. v. Mikohn Gaming Corp., No. 2:06-CV-01044-PMP (GWF), 2007 U.S.  Dist. LEXIS 16333 (D. Nev. Feb. 26, 2007)

Burgess v. Gilman, 475 F. Supp. 2d 1051 (D. Nev. 2007)
Burgess v. Gilman, No. 3:03-cv-0707-ECR-RAM, 2006 U.S. Dist. LEXIS 9436 (D. Nev. Feb. 22, 2006)

Lederman Bonding Co. v. Sweetalia, Civil Action No. 06-cv-00950-WYD-BNB, 2006 U.S. Dist. LEXIS 75097 (D. Colo. Oct. 16, 2006)

Cash Processing Servs. v. Ambient Entm’t, 418 F. Supp. 2d 1227 (D. Nev. 2006)

Riggs Mktg., Inc. v. Mitchell, 993 F. Supp. 1301 (D. Nev. 1997)