Todd S. Fairchild
PEOPLE

Todd S. Fairchild

Of Counsel
fairchild.todd@dorsey.com

Overview

TODD HAS MORE THAN 20 YEARS OF EXPERIENCE IN COMPLEX COMMERCIAL LITIGATION, INCLUDING TRIALS, ARBITRATIONS AND MEDIATIONS.
A member of Dorsey’s Seattle Trial Group, Intellectual Property Litigation Group, and Electronic Discovery Practice Group, Todd’s practice areas include: intellectual property, patent, trademark, trade dress, trade secrets, licensing, indemnification by suppliers, Lanham Act, partnership and shareholder disputes, class actions, securities, SEC enforcement, accounting, civil fraud, real estate, contract, business torts, fiduciary duties, consumer protection, ADAD (robocalling), insurance coverage and bad faith claims, antitrust, tax, product liability, personal injury. Todd is experienced in all aspects of electronic discovery and electronic document management.

Education & Admissions

St. Lawrence University (B.A., Government, 1980), cum laude

Vanderbilt University Law School (J.D., 1985), Vanderbilt Law Review

Admissions

  • Washington
  • U.S. District Courts for the Eastern and Western Districts of Washington

Experience

Representative Litigation

Intellectual Property - Patent - Licensing
  • New Medium Technologies v. Barco. Patent litigation concerning method and apparatus for electronic image manipulation (image smoothing).
  • PACid v. Apple. Patent litigation concerning method and apparatus for Wi-Fi encryption.
  • Pivotal v. Interpath Communications. Contract dispute regarding software license agreement.
  • PMI v. Thermos. Claim for alleged infringement of trade dress in design of vacuum bottles.
  • SSA Marine v. Coastal Cargo. Patent litigation concerning method and apparatus for loading frozen foods onto vessels.
  • Timeline v. ProClarity. Patent litigation concerning computer software design.
  • WJB v. Wasser. Licensing / trademark dispute concerning intellectual property rights in paint formulas and branding.
Other Litigation
  • Anderson v. Cedar Grove Composting. Claims by land owners alleging environmental contamination and nuisance from adjoining composting facility.
  • Asa Properties v. QFC. Claim for alleged antitrust violations in connection with commercial shopping center lease.
  • Baron v. Direct Capital. Claims for alleged violations of ADAD (robocalling) statutes.
  • B-Line Holdings v. Weinstein. Shareholder dispute involving claims for alleged breach of contract and alleged attorney malpractice.
  • Bishop of Victoria v. Finley. Partnership dispute concerning purchase and sale of real property.
  • Campolo v. Bombardier. Product liability action filed by passenger injured on personal watercraft alleging design defects and failure to warn.
  • Crown Kent, LLC v. First Western Investments. Action for fraud and breach of contract arising from sale of commercial real estate.
  • Cruz v. Crown Equipment. Product liability and design defect claims arising from forklift accident.
  • Fouad v. Isilon Systems. Shareholder class action involving alleged securities fraud.
  • Kirlan v. Regis. Contract dispute concerning division of profits from venture capital investments.
  • Kunkle v. Western Wireless Corporation. Claims by former minority shareholders in wireless telecom companies alleging securities fraud, breach of contract and breach of fiduciary duty.
  • Merrifield v. Genuine Parts Company. Tort claims filed by driver involved in automobile accident.
  • Pulali Point Partners v. Boy Scouts of America. Dispute between adjoining land owners concerning easement rights.
  • Rose v. Bombardier Recreational Products. Product liability claim by injured boater alleging design defects and failure to warn in connection with jet boat accident.
  • In re Isilon Systems, Inc. Class action lawsuit, shareholder derivative lawsuit and SEC enforcement actions alleging securities fraud in connection with revenue recognition policies.
  • West Bay Properties v. United Furniture Warehouse. Action for alleged breach of contract arising from purchase and sale of commercial real estate.

Industries & Practices

  • Antitrust & Competition Law
  • Banking & Financial Institutions
  • Construction Litigation
  • Electronic Discovery
  • Energy & Natural Resources
  • Food, Beverage & Agribusiness
  • Healthcare & Life Sciences
  • Insurance Law

Professional & Civic

Professional Achievements

  • Member, Washington State Bar Association
  • Member, State Bar of Georgia (inactive)
  • Member, King County Bar Association
Todd S. Fairchild