Paul D. Swanson

Paul D. Swanson

 

Areas of Practice

Paul Swanson is member of the Firm's Intellectual Property Litigation Practice Group. His practice is primarily devoted to litigating patent, trademark, copyright, unfair competition, software development and trade secret law disputes. He has tried cases to judgment in each of these IP practice areas. He has also defended prominent intellectual property law firms in patent legal malpractice cases.

Paul's experience in patent law and the Firm's reputation in the insurance industry and for professional liability work combine to make the Firm the leading defense firm for IP law firms who have been sued for patent legal malpractice.

Paul regularly speaks on and writes about intellectual property issues. He is a former chair (2000-2001) of the Washington State Bar Association's Intellectual Property Section and he has organized and chaired two of the WSBA/IP section's recent annual intellectual property institutes. He chaired a WBSBA/IP trademark committee whose work led to a recent 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.

Professional Experience

· Partner, Lane Powell (1985 to present)

· Associate, Perkins Coie LLP (1983-1985)

· Law Clerk, Minnesota Supreme Court (1982-1983)

Practice Group and Specialty Team Memberships

· Intellectual Property and Technology Law

· Litigation

Representative Matters and Clients

· 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 ~ $6.8 million)

· Van Well Nursery v. MONY Life Insurance Company (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, see 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))

· 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, Inc. (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 (motion authored by Paul resulted in the dismissal of all lawsuits filed by the NLA; case involved apple plant patents and trademarks; see case reported at 361 F.Supp.2d 1544 (E.D. Wash. 2004)).

· 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 (litigation of trademark infringement and dilution and right of publicity claims and antitrust and unclean hands affirmative defenses)

· Shell v. Lindal Cedar Homes (copyright infringement claims related to architectural drawings)

· Wade Cook v. Tony Robbins (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)

· Elegant Gourmet v. Traverse Bay (trade secret misappropriation and trade dress infringement claims)

Publications

· "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 "The Trial-Evidence" and included in a publication entitled The Best of the Washington State Trial Lawyers' Association, 1995

Speaking Engagements

· "Trademark Infringement Actions," Pacific Northwest Arts Symposium, October 2004

· "Writing Recipes Wihout Making Enemies, Losing Friends, or Meeting Lawyers," 2003 IACP Annual Conference, Montreal, Canada (Speaker/Panel Member)

· "Proposed Amendments to the Uniform Computer Information Transactions Act - Pro and Con," 7th Annual Intellectual Property Institute, 2002 (Speaker/Panel Member)

· "Stealing From the Cupboard: How Culinary Professionals Can Protect Their Intellectual Property," 2001 IACP Annual Conference, Minneapolis, Minnesota

· "Mock Trial of a Likelihood of Confusion Issue," Intellectual Property Certificate Program, University of Washington Law School, 1996 (Defense Attorney)

· "The Frye Test: Criticisms and Alternatives," Science in the Courtroom, WSBA Seminar, 1994

· "Taking the Scientists' Deposition," Taking Effective Depositions Seminar, 1993

Professional and Community Activities

· Chair (2000-2001) of the Intellectual Property Section of the Washington State Bar Association

· Co-Chair (2000 and 2001) of the 5th and 6th Annual Intellectual Property Institutes sponsored by the WSBA/IP Section

· Chair, WSBA/IP Section Model State Trademark Review Committee (the committee's work culminated in the enactment of SB5122 in 2003, revising Washington trademark law)

· Member (2001 to present) of the International Association of Culinary Professionals

· Member of the Cyberspace Law Committee of the WSBA analyzing and reporting on the proposed Uniform Computer Information Transaction Act (UCITA).

· Vice-President of the Annex Theatre Community Board of Directors

· Board Member, University of Minnesota Law School Alumni Board of Directors

· Past Board Member, Washington Lawyers of the Arts