Litigation

Klarquist Sparkman’s litigation attorneys have represented dozens of companies in patent, trade secret, trade dress, copyright, trademark, and unfair competition actions in Federal courts nationwide.  The Firm’s litigation group includes a number of attorneys with substantial trial experience and broad technical expertise.  Additionally, a number of our attorneys have held prestigious judicial clerkships in Federal Courts around the country.  We have litigated cases involving a wide range of technologies, including computer software and hardware, business methods, medical devices, mechanical equipment, consumer electronics, and biotechnology.  Klarquist Sparkman attorneys have also handled numerous domain name disputes for Amazon.com, Inc. and other clients.  At present, the Firm has approximately twenty attorneys who focus their practice almost exclusively on litigation.  The Firm’s patent prosecution attorneys also assist with technical issues that arise during litigation.

Klarquist Sparkman's approach to litigation is to emphasize strategy, speed, professionalism, organization, and candor.  The Firm typically adopts a comprehensive strategy within the first weeks of a new case and constantly reevaluates it throughout the case.  We strive to be more nimble than our opponent.  The Firm respects the court’s perspective and does not attack opposing counsel, exaggerate facts or law, or waste pages addressing unnecessary points.  Klarquist Sparkman has developed systems for efficiently apprising clients of facts, schedules, and strategies. 

The Firm has litigated cases in venues across the country.  In recent years, the Firm has represented clients in significant patent cases in Alexandria, Austin, Baltimore, Chicago, Dallas, Detroit, Duluth, Fort Worth, Indianapolis, Miami, Oakland, Orlando, Portland, San Francisco, San Jose, Seattle, Tucson, Tyler, and Wilmington, among other cities.  We have litigated copyright, trade secret, trademark, and unfair competition cases in various venues.

Our Record of Success

Klarquist Sparkman has helped its clients achieve great successes in the courtroom, ranging from large plaintiff jury verdicts to defense summary judgments.  Some of our most recent successes are outlined below; for a more complete listing of our cases, please see our Representative Cases:

Year

Case (Klarquist client in bold)

Result

2010 Aristocrat Technologies, et. al. v. International Game Technology and IGT Summary judgment of patent non-infringemetn

2009

Taylor Brands, LLC v. Columbia River Knife and Tool Company

Summary judgment of patent non-infringement

2009

RCT v. Microsoft

Stipulation of dismissal of invalidity and non-infringement in favor of Microsoft

2009

MEI, LLC v. Integral Applied Technology, Inc. et al

Summary judgment of copyright infringement and DMCA and Lanham Act violations on MEI’s claims and dismissing defendant’s counterclaims including allegations of trade secret misappropriation

2008

Veritas v. Microsoft

Summary judgment of patent invalidity and the case later settled prior to trial on the non-patent claims

2008

Anascape Ltd. v. Microsoft

Summary judgment of patent non-infringement and no willful infringement

2008

International Automated Systems v. Microsoft

Summary judgment of patent invalidity

2007

Aristocrat Technologies, et. al. v. International Game Technology and IGT

Summary judgment of patent invalidity, reversed and remanded on appeal

2007

Motionless Keyboard Co. v. Microsoft

Summary judgment of patent noninfringement, affirmed  

2006

Frank T. Buckley v. Freightliner LLC

Summary judgment of patent invalidity

2006

Mentor Graphics Corp. v. IEM

New York copyright infringement action resulting in consent judgment 

2006

Shakespeare v. Silstar

Consent judgment and injunction against trademark use

2005

CollegeNET v. ApplyYourself

Jury verdict of patent infringement, reinstated on appeal

2005

Network Commerce v. Microsoft

Summary judgment of patent noninfringement, affirmed on appeal

2005

Shaw v. Microsoft

Summary judgment of patent noninfringement

2005

Kassab Jewelers v. C Kassab Designs

Preliminary injunction against trademark infringer

2004

TransLogic Technologies v. Hitachi

$86.5 million jury verdict for patent infringement, vacated on appeal in light of reexam decision

2004

Slocum Enterprises v. New Generation

Dismissal for lack of personal jurisdiction

Attorney contacts for our Litigation group: Stephen Joncus or Jeffrey Love.

Publications
Discovery Issues in Patent Litigation—2009 Update
Is Plausible Enough After Brand v. Miller?
Export Patent Infringement (35 USC Sec. 271(f)): Amici Brief Filed in U.S. Supreme Court in AT&T v. Microsoft

Attorneys
J. Christopher Carraway
Kristin L. Cleveland
Robert T. Cruzen
Scott E. Davis
Sandon M. Duncan
James E. Geringer
Klaus H. Hamm
Kevin M. Hayes
Joseph T. Jakubek
Stephen J. Joncus
Michael D. Jones, Ph.D.
Ramon A. Klitzke, II
Salumeh R. Loesch
Jeffrey S. Love
Richard D. Mc Leod
Todd M. Siegel
Derrick W. Toddy
John D. Vandenberg
Garth A. Winn

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Klarquist Sparkman, LLP

One World Trade Center 121 S.W. Salmon Street Suite 1600 Portland, Oregon   97204 503-595-5300 phone
503-595-5301 fax