Practice Areas & Industries: Fredrikson & Byron, P.A.

Practice/Industry Group Overview

Bringing Complex Concepts to Life

From Kevin Garnett to Medtronic, Fredrikson & Byron's Intellectual Property Litigation Group helps a broad spectrum of clients manage disputes concerning their intellectual property, including patents, trademarks, copyrights, and trade secrets. We approach every situation with our client's business objectives in mind, using our experience, insight, and state of the art technologies to develop appropriate strategies. We place a high value on maintaining communication, responsiveness, and flexibility. By emphasizing these qualities, we provide outstanding legal work and superior client service.

"We approach every situation with our client’s business objectives in mind, using our experience, insight, and state of the art technologies to develop appropriate strategies."

Patent Litigation

Fredrikson & Byron's IP Litigation attorneys excel at bringing complex concepts to life for judges and juries, often drawing upon the unique skills and technical expertise of our patent practitioners. We have handled patent cases in virtually every industry and business sector and have engaged in all aspects of patent litigation, from pre-litigation counseling through trial and appeal.

Trademark Litigation

Our attorneys have substantial experience in trademark, trade dress and domain name disputes, and in representing clients in cases in front of the Trademark Trial and Appeal Board.

Copyright Litigation

The IP Litigation group's extensive copyright litigation experience spans publishing, architecture, arts & entertainment, software, and more.

Trade Secret Litigation

Fredrikson & Byron's IP litigators work with clients from a variety of industries on cases involving trade secrets and non-competes. Our experience includes technological secrets, formulas and manufacturing, marketing secrets, and other critical business information.

Representative Cases

Patent Litigation

Our client, an international business, was threatened with a lawsuit by a company in another state, claiming that our client had infringed the other company's patent rights in a particular chemical formula. We filed a lawsuit in Minnesota state court to protect our client against this threat, and obtained an injunction barring the other company from instituting arbitration proceedings in a different state. In this case, the Minnesota Supreme Court issued a decision that is significant in establishing jurisdiction in Minnesota over foreign corporations.

Trademark Issues

A manufacturer of electronic goods discovered that an out-of-state distributor was counterfeiting its products and using its registered trademarks on the goods. We promptly obtained a federal court order allowing our client to seize all of the infringer's goods and business records without notice. That action resulted in the infringing company's agreeing to pay for the destruction of all counterfeit goods, all of our client's costs and attorneys fees, and new orders from the infringing company's customers of more than $100,000.

Internet Issues

While freedom of expression is a hallmark of our nation, speech on the internet, like all speech, has limits. Recently, a corporate client found objectionable postings on the message board of an internet service provider (ISP) devoted to the corporation’s stock. The anonymous postings not only disparaged the corporation’s products and defamed corporate executives, but misused corporate trademarks and may have affected the price of the corporation’s stock. We initiated “John Doe” lawsuits against the “cybersmearers,” subpoenaed identifying information from the ISP and used that information along with cyber forensic experts to track down the cybersmearers. Once the identities of the cybersmearers were discovered, we were able to end the objectionable postings.

Examples of Our National and International IP Litigation Experience

Copyright Litigation

Heartland America v. AutoFun, Inc. (D. Minn.): Copyright infringement

Janel Russell Designs v. Museum Reproductions, et al. (D. Minn.): Copyright infringement

Rottlund Company v. Town and Country Homes, et al. (D. Minn.): Copyright infringement

One on One Promotions v. Kevin Garnett, et al. (Hennepin County, Minn.): Right to publicity

Patent Litigation

Amesbury Group, Inc. v. Astro Plastics (N.D. Ill.): Patent infringement (plastic nailing fins for doors and windows)

CyberOptics v. Yamaha Motor Corporation (Tokyo District Court and D. Minn.): Patent infringement and trade secret theft (semi-conducting manufacturing patents)

Cypress Semiconductor, Inc. v. Advanced Micro Devices, et al. (D. Minn.): Patent infringement (semi-conductor patents)

Datascope Corp. v. Vascular Solutions, Inc. (D. Minn.): Patent infringement (vascular closure technology)

Ergodyne Corporation v. William Alexander, et al. (E.D. Tennessee): Patent infringement (ergonomic belts to prevent worker injury during lifting)

EZ Dock v. Schafer Systems (Fed. Cir.): Patent infringement (floating dock)

Fluoroware, Inc. v. Numerous Japanese Defendants (Tokyo District Court and D. Minn.): Patent infringement and trade secret theft (advanced polymer compositions and mold fabrication)

Lucht Engineering v. Hicks Equipment Company (D. Minn.): Patent infringement (photograph processor patents)

Medtronic v. Edwards LifeSciences (Arbitration): Patent infringement (annuloplasty rings)

Nady Systems, Inc. v. Telex Communications, Inc. (N.D. Cal.): Patent mis-marking and unfair competition (wireless microphone & receiver technology)

Polaris Industries, Inc. v. Arctic Cat (D. Minn.): Patent infringement (snowmobile suspensions)

Polaris Industries, Inc. v. Bombardier (D. Minn.): Patent infringement (snowmobile suspensions and exhaust technology)

Radisson Hotels International v. Westin Hotels and Resorts, et al. (D. Minn.): Patent infringement and trade secret misappropriation (computerized business method patent)

Streck Laboratories, Inc. v. R&D Systems, Inc. (D. Neb.): Patent infringement (white blood cell hematology controls)

Telex Communications, Inc. v. Intercom Specialties, et al. (C.D. Cal.): Patent infringement (Pro Audio master control console technology)

Toro v. Ariens (D. Minn.): Patent infringement (snow blower housing patent)

Trade Secret Litigation

ADS Response v. SearchAmerica (S.D. Fla)

The Janek Corp. v. DMR Electronics, Inc.

SoftBrands v. Missing Link (D. Minn.)

Trademark and Trade Dress Litigation

Casual Lifestyles, Inc. v. Universal Comfort, (D. Minn.): Trademark and trade dress infringement (futon mattresses)

Kevin Garnett v. Trap Block Technologies: Domain name transfer (KevinGarnett.com)

Heartland America v. Heartland Direct (D. Minn.): Trademark infringement

Import Specialties, Inc. d/b/a Heartland America, et al. v. Phillip Simmons, (Minnesota state court)

Polaris Industries v. Ketchum Motor (N.D. Okla.)

Travelways, Inc. v. Travelways, Inc., et al. (D. Minn.): Trademark infringement

Trademark Trial and Appeal Board

Abbott Laboratories, Inc. v. R&D Systems, Inc. (TTAB): Trademark opposition proceeding (DX mark for diagnostic products)

Cepheid v. Medtronic, Inc. (TTAB)

Endovascular Technologies, Inc. v. Medtronic, Inc. (TTAB)

Howmedica Osteonics Corp. v. Medtronic Sofamar Danek, Inc. (TTAB)

Johnsonville, Inc. v. Jerome Foods, Inc. (TTAB): Trademark opposition proceeding

Medtronic, Inc., et al. v. Cardiac Pacemakers, Inc. (TTAB)

Medtronic, Inc. v. Depuy, Inc. (TTAB)

Medtronic, Inc. v. Depuy Orthopaedics, Inc. (TTAB)

Medtronic, Inc. v. Disetronic Licensing AG (TTAB)

Medtronic, Inc. v. SYNTHES (U.S.A.) (TTAB)

Medtronic Emergency Response Systems, Inc. v. Zoll Medical Corp. (TTAB)

Microsoft, Inc. v. AmeriSource (TTAB): Trademark opposition proceeding

Northwest Airlines, Inc. v. Northeast Airlink, Inc. (TTAB): Trademark cancellation and opposition proceedings