Areas of Practice Paul Swanson's practice is devoted to litigating patent, trademark, copyright, unfair competition, software development and trade secret law disputes. He has tried cases to court or arbitral judgments in each of these intellectual property practice areas. He also defends prominent intellectual property law firms who have become embroiled in alleged patent legal malpractice claims or lawsuits. Through his representation of various agribusinesses, Paul has litigated a number of cutting-edge issues arising in the field of plant patent and trademark law. Cases he has worked on have helped shape and highlight the legal issues in this expanding area of law, as more and more companies seek patent and trademark protection for what were once deemed to be undifferentiated commodity food products. Paul regularly speaks on and writes about intellectual property issues and is a principal contributor to the Firm's Patent Practice Professional Liability Reporter blog. He is currently the chair of the Insurance and Risk Management Committee of the American Bar Association's Intellectual Property Law Section. He is a former chair of the Washington State Bar Association's Intellectual Property Section and has organized and chaired two of the WSBA/IP section's annual intellectual property institutes. He chaired a WSBA/IP trademark committee whose work led to a significant revision of Washington's trademark law. Paul is a member of the International Association of Culinary Professionals ("IACP"). He spoke about intellectual property issues facing culinary professionals at the IACP's 2001 and 2003 annual conferences. Paul was the co-chair of the IACP's "Endangered Treasures" 2006 annual dinner event that raised funds for the preservation of historically significant cookbook archives. He is currently researching and writing articles that focus on food labeling law and policy. Professional Experience · Associate, Perkins Coie LLP (1983-1985) · Law Clerk, Minnesota Supreme Court (1982-1983) Practice Group and Specialty Team Memberships · Business Crisis Management and Emergency Remedies · Intellectual Property and Technology Law · Litigation Representative Matters and Clients · Gerawan Farming, Inc. v. Prima Bella Produce, Inc. (lead defense counsel in a case involving the mark PRIMA and its use of trademark and as U.S. plant patent titles) · Taltech Ltd v. Esquel Enterprises Ltd (local trial counsel in patent infringement lawsuit involving the largest apparel manufacturers in the world; our client obtained a judgment of non-infringement, inequitable conduct and attorneys' fees of around $6.8 million) · Van Well Nursery v. MONY Life Insurance Company, 421 F.Supp.2d 1321 (E.D. Wash. 2006) (trademark claim dismissal) and 362 F.Supp.2d 1223 (E.D. Wash. 2005) (patent claim dismissal) (represented agricultural landing/financing defendant in test case of the scope of plant patent and trademark rights; plaintiffs' claims were all dismissed through summary judgment) · Krivosha v. Walgreen Corp. and Jupitermedia Corp. (represented defendants against right of publicity claims arising out of an image used in national advertising) · Thermion, Inc. v. Thermion Metalizing Systems, Ltd. (patent and trademark infringement claims and counter claims; defendant's successful preliminary injunction cross-motion is reported at 423 F.Supp.2d 1146 (W.D. Wash 2006)) · National Licensing Association v. Inland-Joseph Fruit Company, 361 F.Supp.2d 1544 (E.D. Wash., 2004) (motion authored by Paul resulted in the dismissal of all lawsuits filed by the NLA; case involved apple plant patents and trademarks) · Votivo v. Target Corp. (defense of trademark infringement and unfair competition claims) · Bostwick Laboratories v. Cortex Medical Management Systems (multiple claims related to software systems designed for pathology laboratories) · Callison Architecture v. CorDax (software development and trade secret dispute) · Rosie O'Donnell v. Entercom Portland (defense of trademark infringement and dilution and right of publicity claims and pursuit of antitrust and unclean hands affirmative defenses) · Shell v. Lindal Cedar Homes (pursuit of copyright infringement claims related to architectural drawings) · Wade Cook v. Tony Robbins (defense of copyright infringement and trade secret claims) · North by Northwest Productions v. ILF Media (trade secret TRO and preliminary injunction action) · Precor v. Life Fitness (complex patent litigation involving a number of key patents covering the designs and technologies incorporated into "high-end" exercise treadmills) · Sever v. Alaska Pulp Corporation (defense of a corporation and its officers against RICO and a host of other federal and state law claims; the dismissal of all federal claims was affirmed by the Ninth Circuit in a published opinion at 978 F.2d 1592 (9th Cir. 1992); and Alaska Supreme Court's affirmance of the trial court defense verdict can be found at 941 P.2d 354 (Alaska 1996)) · Elegant Gourmet v. Traverse Bay (defense of trade secret misappropriation and trade dress infringement claims) Publications · "Perchance to Dream ... Or Not - How Pharmaceutical Companies Market Sleep Through Branding," Seattle Business magazine (February 2011) · "The Taste of Patentable Inventions - What Happens When Scientific Research Enters the Kitchen?" Seattle Business magazine (November 2010) · Principal blog contributor since 2009, Patent Practice Professional Liability Reporter, Lane Powell PC · "New Revisions to Washington State Trademark Law - Greater Legal Protections Afforded Under State Law," Lane Powell publication, Insights (2003) · "Damaged Goods? Facts to Look for in the Repair and Reconstruction of Trademarked Goods," Lane Powell publication, Insights (2002) · "How to Protect Your 'Great Ideas' During Business Negotiations," Lane Powell publication, Insights (2001) · "Frye, Daubert and the Sociology of Scientific Consensus," appearing in "The Trial - Evidence" and included in a publication entitled The Best of the Washington State Trial Lawyers' Association (1995) Awards and Honors · Peer Review Rated "AV" in Martindale-Hubbell Professional and Community Activities · Chair, American Bar Association Intellectual Property Law Section, Division IV Insurance and Risk Management Committee · Member, Seattle Intellectual Property Inns of Court · Washington State Bar Association
- Chair, Intellectual Property Section (2000-2001)
- Chair, Intellectual Property Section Model State Trademark Review Committee (the committee's work culminated in the enactment of SB5122 in 2003, revising Washington trademark law)
- Member, Cyberspace Law Committee, analyzing and reporting on the proposed Uniform Computer Information Transaction Act ("UCITA") · Co-chair, 5th and 6th Annual Intellectual Property Institutes sponsored by the WSBA/IP Section (2000 and 2001) · Member, International Association of Culinary Professionals (2001-Present) · Past Board Member, Washington Lawyers for the Arts News 07.20.2010, 58 Lane Powell Attorneys Listed as Top Lawyers in Seattle Metropolitan Magazine 05.18.2010, Swanson Appointed Vice-Chair of ABA IPL Section Committee 03.04.2010, Swanson Quoted in IP Law360 Article About IP Malpractice Suits 09.21.2009, Swanson Nominated to Join the Seattle Intellectual Property American Inn of Court Articles 01.25.2012, Where's the Juice? False-Advertising Litigation Over Pomegranate Juice Provides a Classic Study 01.31.2011, Perchance to Dream ... Or Not - How Pharmaceutical Companies Market Sleep Through Branding 11.01.2010, The Taste of Patentable Innovations - What Happens When Scientific Research Enters the Kitchen? 02.01.2007, Far East Meets Pacific Northwest: A Celebration of Chinese and Japanese Culinary Traditions from the First Half of the 20th Century 09.01.2003, Frye, Daubert, And The Sociology Of Scientific Consensus 01.01.2001, How to Protect Your Great Ideas During Business Negotiations |