Trial counsel for 4DD Holdings, LLC—a Virginia-based and veteran-owned developer of complex data federation software—in an ongoing case in the Court of Federal Claims against the United States Government for alleged violation of a software copyright license agreement. This case represents one of the largest software copyright infringement actions currently pending against the Government. 4DD asserts that the Government infringed 4DD’s copyright by copying its proprietary software program, TETRA® Healthcare Federator, on servers and other computing devices associated with tens of thousands of unauthorized processor cores in express breach of its license. Successfully obtained sanctions award of almost $1.2 million in fees against the Government for destroying evidence. In April of 2022, the Court partially granted 4DD’s summary judgment motion, holding that 4DD has a valid copyright in its software and that the end-user license agreement prohibited the defendant from installing certain unauthorized copies or “cores” of its software. The Court also denied the Government’s summary judgment motion in its entirety. In November of 2022, 4DD’s claims were heard at trial before the Court of Federal Claims. Post-trial briefing is ongoing.

Reached a confidential pre-suit settlement on behalf of a healthcare database software developer in a copyright infringement dispute with a software licensee regarding unauthorized login sharing and copying of software in breach of license agreement. Continuing to represent software owner in follow-on license enforcement efforts.

Represent DivX, LLC in patent infringement litigation against Netflix and Hulu relating to patented video streaming technologies.

Q.E.D. Environmental Systems, Inc. v. PumpOne Environmental, LLC. Represent QED Environmental Systems in patent infringement litigation regarding well pump technology.

Voyageur Outward Bound School et al. v. United States of America (D.D.C.): Achieved significant pro bono victory as lead appellate counsel to Friends of the Boundary Waters Wilderness in a four-year Administrative Procedure Act challenge to the United States Bureau of Land Management’s reinstatement of two copper-nickel mining leases along the edge of the Boundary Waters Canoe Area Wilderness (BWCAW). In early 2022, the two mineral leases were canceled along with a finding that that they were unlawfully renewed under the former Presidential administration. The decision marked a “monumental victory for the Boundary Waters” in the words of Minnesota Congresswoman Betty McCollum.

Trial counsel on behalf of plaintiff in PCT International Inc. v. Holland Electronics LLC, a patent infringement trial involving coaxial cable connector technology. The case was tried in the United States District Court for the District of Arizona before Judge James A. Teilborg. Secured a jury verdict for PCT on issues of infringement, patent validity, and damages in May 2015. An injunction against all future sales of infringing products was confirmed by the Court in September 2015. The Federal Circuit summarily upheld the permanent injunction and jury verdict in favor of PCT International, Inc. on August 16, 2016.

Counsel for plaintiff in Metasearch Systems, LLC v. Expedia et al. in multiple patent infringement actions in the District of Delaware for use of internet search technologies in the online travel industry. During agreed stay pending district court litigation, represented patent owner in all related covered business method review proceedings and hearings before the Patent Trial and Appeal Board. A final settlement of claims was reached with all defendants after the conclusion of PTAB proceedings.

Represented the patent owner of metasearching-based technology in multiple covered business method review proceedings before the PTAB. Two of the PTAB proceedings went to final hearing and the related district court litigation was resolved after the PTAB’s final written decisions.

Represented Advanced Micro Devices, Inc. (AMD) against LG Electronics, Inc., et al., in patent infringement litigation venued in the Northern District of California. The case involved AMD’s assertion of nine patents relating to integrated circuit power and thermal management, computer memory architecture, graphics processing (GPU) technology, and graphical user interfaces for consumer electronics devices. The case involved over 800 accused products, ranging from televisions to smartphones, BD players, projectors, and smart appliances. LG asserted four counterclaim patents in related technological areas. After approximately two years of active litigation, the parties resolved the matter through mediation after claim construction. Advanced Micro Devices, Inc., et al. v. LG Electronics, Inc., et al., No. 3:14-cv-01012-SI (N.D. Cal.)

Appellate counsel for ATI Technologies ULC in appeals of inter partes review proceedings before the Federal Circuit.

Counsel for global e-commerce, merchandising, and online marketing firm in technology license dispute.

Counsel for national broadcasting companies in patent infringement cases relating to streaming multimedia content technology. 

Defense counsel for Best Buy in Helferich Patent Licensing, LLC v. Best Buy, a patent infringement case in the Northern District of Illinois involving social media and digital content delivery on mobile phones. A confidential resolution was reached prior to claim construction briefing.

Defense counsel in Bluestone Innovations LLC v. Best Buy, a patent infringement action in the Northern District of California relating to LED fabrication techniques in televisions. Secured a confidential settlement of all claims prior to the completion of claim construction proceedings.

Represented digital media company in a patent defense matter in the Eastern District of Texas relating to duplication of digital data transmitted via computer networks. Secured confidential settlement of all claims prior to completion of claim construction proceedings.

Lead counsel for respondent in application for asylum and withholding of removal proceedings before the United States Immigration Court. Secured grant of asylum in June 2015 at the conclusion of contested proceedings.

Pro bono representation of Tibetan monk seeking asylum in the United States. Secured grant of asylum from United States Immigration Court on political and religious grounds.

• Minnesota Chorale, Board of Directors 
• Home and Community Options Annual Fundraiser, Performing Artist (2006, 2011)