Intellectual Property Litigation
Our experienced litigators are ready to help resolve disputes through negotiation, mediation, litigation, and/or arbitration. When fast action is needed, our attorneys have extensive experience seeking injunctive relief to prevent the inappropriate release or use of intellectual property assets. Tonkon Torp’s IP Litigation attorneys are also adept at negotiating satisfactory settlements of ongoing license agreements without compromising our clients’ business relationships.
Our intellectual property litigation practice includes:
- Patent, trademark and copyright infringement and trade secret misappropriation
- Contract and commercial disputes arising from technology transfer or licensing agreements
- Domain name disputes nationally and internationally
- Enforcement of non-compete and nondisclosure agreements through injunctions, trials and appeals
- Trademark Trial and Appeal Board trials and appeals
- Patent Trial and Appeal Board trials and appeals
Tonkon Torp Leads CamelBak to Victory at the Patent Trial and Appeal Board and Federal Circuit
Tonkon Torp has won a significant patent case for its client, CamelBak Products. CamelBak, based in Petaluma, California and founded in 1989, invented the hands-free hydration category and is the global leader in personal hydration gear. In November 2014, CamelBak was sued for patent infringement on a lid assembly for a beverage container that included cleaning features.
Tonkon Torp Wins Intellectual Property Judgment for AXTS and Rainier Arms
Jon Stride, lead trial lawyer for Tonkon Torp's Intellectual Property Practice Group, successfully pursued trademark infringement and counterfeiting claims on behalf of AXTS (Salem, OR) and Rainier Arms. AXTS manufactures high-quality after-market firearm parts. It co-brands the RAPTOR charging handle part for AR 15 rifles with Rainier Arms (Auburn, WA) which is sold throughout the United States.
Actech v. Thetford Corporation
(USDC, W.D. Wash.) - Represented Achtech, a manufacturer of recreational vehicle waste disposal systems against a competitor who had wrongfully asserted an invalid patent in the marketplace. Actech's claims asserted a declaration of patent invalidity and antitrust violations. The case settled following our invalidity and damages analysis.
Activetrak v. Tektrak
(USDC, D. Or.) - Defended Tektrak in a trademark infringement action filed against it by a competitor, Activetrak. Tektrak marketed and sold a software service used in tracking the position of lost or stolen portable electronic devices, such as mobile phones and laptops.
Alternative Legal Solutions, Inc. v. Ferman Management Services Corp.
(USDC, D. Or.) (summary judgment decision at 2008 WL 65584) - Represented Compli in a breach of contract, trade secret and computer fraud case related to defendants' misuse of Compli's customized software product to develop a competing product. The case settled after we defeated defendants' summary judgment motion.
Bell Data v. Symbol Technologies Inc.
(USDC, E.D. Mich.) - Successfully defended technology client accused of misappropriation, copyright infringement, and unfair competition by a software developer.
Blank Apparel v. Michael Fowler
(USDC, D. Or.) - Defended foreign seller of business against trade secret misappropriation, domain name conversion and breach of non-competition agreement. The matter settled favorably after paper discovery but prior to any depositions.
CDR Assessment v. CDR International
(USDC, D. Ok.) - Defended international consulting firm against copyright and trademark infringement claims related to a trade book and leadership style assessments. The matter settled after significant discovery and a pending summary judgment motion.
Counterfeiting and Patent Infringement Matter
Representing a Japanese manufacturer of office supplies against a U.S. retailer and Chinese manufacturer in a counterfeiting and design patent infringement matter.
Defense of Distributor Accused of Copyright and Trademark Infringement
Representing a U.S. distributor accused of infringing copyrights and trademarks arising from the purchase and importation of products from a Chinese manufacturer who was licensed to make and sell the products.
Dillon v. Symbol Technologies, Inc.
(USDC, N.D. Cal.) - Contract dispute involving sale of bar code scanning equipment.
Entercom v. Alpha Broadcasting
(USDC, D. Or.) - Defended trademark infringement and trade secret claim brought by competitor. The case ultimately settled.
FMC v. Key Technology
(Ohio state court) - Represented Key Technology in a trade secret case involving the design and manufacture of optical sorters for food industry. We prevailed following a preliminary injunction evidentiary hearing.
G. Loomis, Inc. v. Loomis, et al.
(USDC, W.D. Wash.) - Defended North Fork Composite in a trademark infringement matter against one of world’s foremost experts in the manufacture and design of fishing rods. The case was resolved when the plaintiff dismissed its case and North Fork filed a motion to dismiss.
GT Development Corp. v. Temco Metal Products Company
(USDC, W.D. Wash.) - Following Markman hearing and plaintiff's dismissal of case, obtained substantial award of attorney fees for defendant in patent infringement action.
Industrial Adhesives v. Linear Products
(USDC, D. Or.) - Represented a defendant in a patent infringement claim related to a high technology machine for applying tempered string to plywood laminations to strengthen the plywood. The case settled after we provided prior art that would invalidate the patent.
Ivey Performance Marketing v. Preston
(Oregon State Court) - Successfully pursued trade secret misappropriation and breach of non-solicitation /non-disclosure claims. Obtained stipulated injunction after significant discovery just prior to the preliminary injunction hearing.
Jerry Erwin Associates, Inc. v. Brousseau, et al.
(USDC, D. Tex.) - Represented Jerry Erwin and Associates, Inc. against eight defendants who were using the client’s copyrighted architectural plans to develop senior living facilities. The case was settled favorably for all parties with an ongoing business relationship between the client and defendants.
Key Technology v. Heat and Control
(AAA arbitration) - Represented Key Technology in a breach of contract case involving a license to a distributor/competitor of confidential know-how related to vibratory conveyors. The matter settled after some discovery.
Laika v. Honestech
(USDC, D. Or.) - Represented LAIKA in a trademark infringement claim against a company that was using the client’s registered Claymation® brand.
MSM Investments Company, LLC v. Carolwood Corporation
70 F. Supp.2d 1044 (N.D. Cal. 1999) - Successfully obtained summary judgment invalidating a patent that client was accused of infringing. Decision was affirmed on appeal to the United States Court of Appeals for the Federal Circuit.
Orion IP, LLC v. Thule AB, et al.
(USDC, E.D. Tex.) - Defended Yakima Products patent infringement action involving client's website.
Pacific Scientific v. Lighthouse Worldwide Solutions
(Oregon State Court) - Represented defendant in a trade secret case involving the design and manufacture of handheld and portable particle counters for clean room applications. We prevailed following a preliminary injunction evidentiary hearing.
Patent Group, LLC v. Yakima Products, Inc.
(USDC, E.D. Texas) - Retained to defend claims for false patent marking. Negotiated settlement.
Ranger Enterprises v. Leen & Associates
(USDC, D. Or.) - Successfully defended company against claims for misappropriation of trade secrets and confidential information.
Software Technology Group, Inc. v. Hobbensiefken
(Oregon State Court) - Obtained a jury verdict in favor of a software engineering company for breach of a non-competition agreement and breaches of fiduciary duties against a former employee and for joint liability against a competitor, following a five-day jury trial.
Somarakis, Inc. v. Dekker Vacuum Technologies
Representing an international manufacturer of industrial vacuum pumps against a competitor for misappropriating the client's trade secrets and using the trade secrets to interfere with the client's business. The case is filed in the United States District Court for the Middle District of Florida.
Sunstone Circuits v. PCB Universe
(Oregon State Court) - Represented printed circuit board manufacturer against competitor and former employees in claims for breach of non-competition and non-solicitation. Successfully obtained stipulated permanent injunction against competitor as part of settlement.
Symantec Corp. v. CD Micro; Symantec Corp. v. Unik Associates
(USDC, D. Or.) - Defeated third party claims for indemnity for copyright and trademark infringement; successfully limited direct claim for damages for copyright and trademark infringement where defendant admitted sales of products found to infringe.
Wessa v. Watermark Paddlesports Inc.
(USDC, W.D. Wash.) - Contract dispute over asset purchase and earn-out where primary asset purchased was patent.
West Coast Tanning & Pacific Beach Tan
(Oregon state court) - Successfully defended a company accused of misappropriating a competitor's trade secrets, including obtaining a judgment dismissing the competitor's claims following a two-week trial.
WordLogic v. Hewlett Packard
(USDC, N.D. Cal.) - Represented WordLogic in copyright infringement and contract dispute involving client's software product.