Litigation Summary

The theme is David and Goliath. The firm completed six patent litigations in 2001 and has continued litigating nationally ever since. In five cases, we represented a small firm or solo inventor suing a larger firm for patent infringement. In the last case, we defended a small business on a claim of patent infringement.We settled four of the plaintiff cases successfully for our little “David” clients. Two of these cases were done on a partial contingency basis where the client paid a small amount of money and the firm was paid primarily out of the settlement. In the other two cases, the clients paid hourly and each received a good settlement within six months of filing suit.The Wal-Mart case went all the way to trial in Denver in November 2002. The trial judge found that Wal-Mart had willfully infringed the patent at issue. The case was argued on appeal. Wal-Mart lost the appeal and paid our client $850,000.00 in 2004.In the defense case, the firm defended a patent client in a design patent infringement lawsuit filed against it. A successful settlement was negotiated with a small amount of hourly charges.

Rick Martin’s initial class action styled racketeering lawsuit filed in 1994 created the database of 2000 victim statements that the criminal cases were based upon.

Our firm is seeking other “Davids” to even the odds against an accused patent infringer.

In the meantime, our primary focus is to write every patent claim as best we can to hold up in a courtroom challenge. We attended the weeklong Advanced Intellectual Property CLE course in Steamboat Springs, Colorado. This investment adds to our efforts to keep current in the changes of all related law including patents, trademarks, copyrights, trade secrets, as well as in the international developments in these areas.

Building a winning team is a methodology we’ve adopted. In the Wal-Mart lawsuit, we teamed up with a 300-person law firm, Michael Best & Freidrich LLP in Wisconsin to bolster our research and courtroom capabilities. The client only had to pay for this expertise on an as-needed basis.

For growing businesses, we utilize Rick Martin’s span of high tech marketing, licensing and deal-making experiences dating back to 1967. Before entering law school at age 38, Rick sold, designed and installed over $20 million of computer systems for manufacturers, distributors, bankers, and government agencies. Our clients brainstorm with Rick on overall company strategies including joint ventures, mergers, royalties, financing, pricing, prototyping, trade show presences, packaging, importing, and key employee retention.

Please review our entire home page for articles and client links to explore whether we can be of service to you. Does a big idea need a big law firm? Our clients say, “NO.” Call anytime for a free chat.


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