HOME

Focuses practice in the area of litigation with primary emphasis on intellectual property and business matters
More than 30 years of courtroom experience trying cases on behalf of both plaintiffs and defendants
Fellow of the American College of Trial Lawyers
Former Special Assistant Attorney General with the Office of the Minnesota Attorney General

Representative Experience

Successfully tried cases in areas which include: patent infringement, contract and uniform commercial code, fraud, acquisition earn out and accounting disputes, insurance coverage and bad faith, distributor relationships and employment discrimination
Handled more than 30 cases on appeal and tried many matters before arbitrators
Following discovery and successful summary judgment proceedings, obtained eight-figure settlement in case involving ownership rights to patents for smartphones
Shaunnessey v. Monteris Medical - Successfully moved to dismiss patent infringement action brought against defendant that was in the process of seeking regulatory approval for a medical device designed to treat brain tumors—the court determined that the safe harbor found in 35 U.S.C. § 271(e)(1) was applicable and that there was no actual controversy within the meaning of the Declaratory Judgment Act
Engineered Products v. Donaldson - Won jury verdict for plaintiff in patent infringement suit involving air filter monitors—jury found infringement and that infringement was willful; request for enhancement granted, resulting in damage award of $18 million; all requested attorneys’ fees awarded
Datascope v. Vascular Solutions - Represented plaintiff in patent infringement case involving vascular sealing—achieved $3.75 million settlement following summary judgment in favor of client on issues of validity, enforceability and infringement
Represented IMI Americas Inc. in two-week commercial arbitration arising out of an acquisition—awarded $11 million in favor of client

MORE ))

Additional Litigation Experience

Augustine Medical, Inc. v. Blue Ridge Anesthesia & Critical Care - Represented manufacturer in dispute with distributor—summary judgment in favor of manufacturer; affirmed on appeal
Northwest Airlines v. Metropolitan Airports Commission – Represented MAC in suit by Northwest Airlines concerning lease rates at reliever airports—obtained dismissal in favor of client; affirmed on appeal
Walker v. Fingerhut - Represented Fingerhut in consumer class action involving allegations that contracts were usurious—summary judgment in favor of defendant; affirmed on appeal
Anderson v. Augustine Medical, Inc. - Won jury verdict on behalf of defendant in case involving allegations of age and disability discrimination
Brancheau v. Residential Mortgage – Represented defendant in case involving allegations under Real Estate Settlement Procedures Act—decertification of class action status and summary judgment in favor of defendants
Family Health Care Connection v. Sandoz Nutrition Corp. - Represented respondent in week-plus commercial arbitration involving distributorship agreement; award in favor of client
Northfield Ins. Co. v. St. Paul Surplus Lines - Successfully defended insurer in action involving allegations of bad faith
Maness v. Star-Kist Foods, Inc. – Represented employer at trial and on appeal with respect to allegations of wrongful discharge and retaliation

MORE ))

Education

University of Iowa College of Law » J.D. » with high distinction» Order of the Coif
» Iowa Law Review

Macalester College » B.A. » cum laude

MORE ))

Areas of Practice

Intellectual Property Litigation

Business Litigation

Employment Litigation

MORE ))

Recognition

Listed in The Best Lawyers in America » Practice Areas: (Litigation – Intellectual Property and Litigation – Patent)

Minnesota Law & Politics » “Super Lawyer” » “Top 40 Intellectual Property Attorneys”