Jon represents businesses and individuals in commercial disputes in a range of areas, including intellectual property and general commercial litigation. He practices in state and federal courts as well as mediations and arbitrations. As the lead trial lawyer, Jon has litigated patent infringement claims including representation of an international distributor of health food products in multi-district litigation, manufacturers of machinery used in the wood products industry and manufacturers of parts for heavy trucks. He also defended a national consulting firm accused of trademark and copyright infringement. He has litigated numerous misappropriation of trade secret and inevitable disclosure disputes between businesses and former senior level employees. Jon has been recognized as a leader in commercial litigation by the nationally trusted directories Chambers USA - America's Leading Lawyers and Benchmark Litigation and is recognized in Oregon's Super Lawyers. He was named a "local litigation star" in the 5th edition of Benchmark Litigation, the Guide to America's Leading Law Firms and Attorneys and was selected as a Best Lawyer in America 2012 in the areas of commercial and intellectual property litigation. Jon joined Tonkon Torp LLP in 1990 following a career as a high school teacher and counselor. He became a partner in 1996 and has been active in firm administration. In January 2002, Jon was elected to a three-year term on the firm's Managing Board and served as Chair of the Board from January 2004 to July 2005. Jon actively participates in the Southeast Legal Clinic, where he represents indigent clients with a variety of legal needs. Jon's Representative Cases as Lead Counsel. · Alternative Legal Solutions, Inc. v. Ferman Management Services Corp. (USDC D.Or.) (summary judgment decision at 2008WL 65584) - Represented Compli in a breach of contract and trade secret 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. · 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. · MSM Investments Company, LLC v. Carolwood Corporation, 70 F Supp2d 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. · 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. · Actech v. Thetford Corporation (USDC W.D. Wash.) - Represent a manufacturer of recreational vehicle waste disposal systems against a competitor who has wrongfully asserted an invalid patent in the marketplace. The claims seek a declaration of patent invalidity and antitrust violations. The case is ongoing. · West Coast Tanning v. 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. · 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. · 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. · 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. · 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. Jon has lectured on numerous legal topics including: Arbitration · Trademarks · Noncompetition Issues · Copyrights · Inventions and Trade Secrets Jon's published law review and journal articles include: · Cutting the Puppet Strings: Discovering Attorney Work Product Through Experts. OADC Journal, 2008. · Ambush - Waiver of Privilege at Trial: Responsive Strategies and Recommendations for Reform. OADC Journal, 2007. · Relevant Background Evidence is Swallowing the Rule: Applying FRE 404 in Discrimination Cases. Litigation Journal, Vol. 25, Number 1, Spring 2005. · ADR: Quick, Easy and Inexpensive-Or Is It? The Business Journal, 2004 · Personal Jurisdiction In A Foreign Forum: Where Will Your Website Take You? The Litigation Journal, 2001 · Interpretation and Construction of Contracts. 1994 Supplement to the Oregon State Bar "Contract Law in Oregon" Continuing Legal Education Handbook Outside of the firm, Jon's interests include road and mountain biking, and taking advantage of the Northwest's great outdoors. Professional Organizations: Oregon State Bar (Litigation and Intellectual Property Sections) American Bar Association (Intellectual Property Section) Multnomah Bar Association (CLE Committee and Judicial Screening Committee) Washington State Bar Community Activities: Southeast Legal Clinic Oregon State Parks Trust - Trustee and Treasurer City Club of Portland; Past Chair - Research Committee, Past Member - Board of Governors Case Studies Temco Metal Products: Winning the Exceptional Case News Tonkon Torp Litigator Named to Board of Oregon Association of Defense Counsel Tonkon Torp Recognized for Promoting Diversity in Legal Profession Tonkon Torp Lawyers Offer Intellectual Property Tips to Entrepreneurs Tonkon Torp Lawyers Offer Intellectual Property Tips to Entrepreneurs Trade Secret Law Subject of Presentation for Young Lawyers Best Lawyers in America® Names 40 Tonkon Torp Attorneys to 2012 List Tonkon Torp Litigator to Serve on Judicial Screening Committee Four of Firm's Attorneys Identified as Oregon "Litigation Stars" 18 Tonkon Torp Attorneys Again Named Leaders in Their Field by Chambers USA 22 Tonkon Torp Attorneys Named to 2010 Super Lawyers Lists Tonkon Torp Named One of America's Leading Litigation Firms and Four of firm's attorneys identified as litigation stars Best Lawyers in America® Names 37 Tonkon Torp Attorneys 18 Tonkon Torp Attorneys Named Leaders in Their Field |