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Overview
WHEN CLIENTS HAVE A DISPUTE OR SEE ONE ON THE HORIZON, CASE IS A STEADY PRESENCE OFFERING CREATIVE SOLUTIONS.
Case is a trusted advocate due to his practical advice about which cases to take to trial and which to resolve early. When it is time for trial, Case is a first chair trial lawyer with experience representing companies of all sizes in complex litigation and arbitration. Case recently led the City of Fort Collins, Colorado to success in two-week federal jury trial. A computer scientist by training and a registered patent attorney, Case is fluent in a variety of technical disciplines, from software to manufacturing. He excels at translating challenging concepts to the court or jury. As a former Lieutenant with the Golden Fire Department and college football player, Case is tenacious and calm under pressure. He brings this unique combination of skills to bear in every case whether patent, trade secret, contract, or complex commercial litigation. Case practices all over the country and is a member of the bar in California and Colorado.
Beyond his skills as an advocate, Case is a leader in his community. He is the head of Dorsey’s Denver office. He served with the Golden Fire Department for 13 years. He is a member of the Board of Trustees of Jefferson Unitarian Church and of the Board of Directors of Project PAVE, a Denver non-profit committed to ending violence. He is committed to pro bono efforts, leading a partnership between Dorsey and the Korey Wise Innocence Project to challenge faulty expert evidence that may lead to a new trial for a person currently serving a life-sentence. His participation in the U.S. District of Colorado Civil Pro Bono Program led to Dorsey Denver’s recognition as a Gold Circle Law Firm.
Education & Admissions
University of Kansas School of Law (J.D.),
- Rice Foundation Scholar
- Big XII Conference Postgraduate Scholarship
University of Kansas School of Engineering (B.S., Computer Science),
- Summerfield Scholar
- University of Kansas Football, Varsity Letterman
- Big XII Commissioner's Honor Roll
Admissions
- Colorado
- California
- United States Patent and Trademark Office
- U.S. Federal Circuit Court of Appeals
- U.S. District Court for the District of Colorado
- U.S. District Court for the Western and Eastern Districts of Texas
- U.S. District Courts for the Northern, Central, and Southern Districts of California
Experience
Representative Litigation
- Lead trial counsel for the City of Fort Collins in two-week federal jury trial against Open International, LLC and Open Investments, LLC for fraudulent inducement, negligent misrepresentation, and breach of contract claims. The jury returned a verdict in favor of the City, finding that Open fraudulently induced the City into a multi-million dollar contract to implement its billing software, Open Smartflex (OSF). The verdict permitted the City to rescind the contract, nullifying the parties’ respective breach of contract claims.
- Lead counsel for Crumbl Cookies in litigation across the country to protect its intellectual property, including trademark, trade dress, and trade secret actions. The actions have included suits in Utah, California, and New Jersey and led to a number of favorable rulings and confidential settlements.
- Lead counsel for ACQIS in eleven litigations in the Western District of Texas and 16 IPRs at the USPTO. ACQIS prevailed in all 16 IPRs. The litigations have led to multiple confidential settlements.
- Lead trial counsel for a local manufacturer in a bet-the-company case against a multinational manufacturer. Obtained complete victory after a two-week arbitration including millions in damages and attorney fees and defeated a $20 million counterclaim.
- Counsel for a Colorado dental products company, ProEdge, accused of patent infringement by competitor, Sterisil, who alleged $9 million in damages. Obtained complete victory on the eve of trial, invalidating all asserted claims via summary judgment.
- Counsel for livestock nutrition and animal microbiology company, BioZyme, in D. Del in a case involving misrepresentations made when Biozyme acquired a small competitor. Settled favorably.
- Counsel for tax compliance software company, Sovos, in C.D. Cal in a case brought by a former customer. Settled favorably.
- Counsel for Ameriprise in a software licensing dispute with Versata in W.D. Tex. The case settled favorably after a complete win on all federal claims on summary judgment.
- Counsel for Ameriprise in copyright and patent actions filed by XimpleWare in the N.D. Cal involving novel issues of open source licensed source code.
- Successfully led the representation of a local software developer against a large insurance company after the insurer misused the software developer’s IP. Reached an early resolution after a demand letter. Negotiated a favorable settlement and asset purchase agreement to resolve the dispute.
- Lead counsel for plaintiff in two pro bono civil rights cases in the District of Colorado involving constitutional claims including violation of free exercise of religion (denial of halal meals and confiscation of prayer book) and violation of free speech (confiscation of legal materials). The final remaining defendant settled all claims on the eve of trial after losing a motion to amend the summary judgment.
- Counsel for a photovoltaic technology inventor, Solannex, in patent infringement law suit against MiaSolé in N.D. Cal. involving technology used to interconnect individual solar cells to create a solar panel. After a favorable claim construction ruling for Solannex, the parties reached settlement.
- Counsel for CSG Technologies in a suit against their main competitor, TOA, in the Eastern District of Texas and Northern District of Ohio. TOA was improperly using a patented technician routing program. The parties reached a favorable settlement after discovery revealed additional potential claims against TOA.
News & Resources
Articles
June 29, 2023
January 07, 2022
January 05, 2021
January 10, 2020
July 19, 2019
January 10, 2019
January 10, 2018
July 24, 2017
June 01, 2017
May 31, 2017
January 17, 2017
December 6, 2016
December 6, 2016
June 20, 2014
News & Press Mentions
June 29, 2023
June 3, 2021
March 21, 2017
March 17, 2017
February 14, 2017
February 14, 2017
December 29, 2016
December 6, 2016
November 1, 2016
March 14, 2016
February 26, 2016
February 12, 2016
December 24, 2015
December 14, 2015
December 9, 2015
September 14, 2015
Events & Speaking Engagements
September 2, 2021
November 2, 2017
October 18, 2017
Additional Information
- Counsel for Cargill in litigation against a former executive for misappropriation of trade secrets in the District of Colorado.
- Counsel for Ameriprise in a software licensing dispute with Versata in W.D. Tex. The case settled favorably after a complete win on all federal claims on summary judgment.
- Counsel for Ameriprise in copyright and patent actions filed by XimpleWare in the N.D. Cal involving novel issues of open source licensed source code.
- Successfully led the representation of a local software developer against a large insurance company after the insurer misused the software developer’s IP. Reached an early resolution after a demand letter. Negotiated a favorable settlement and asset purchase agreement to resolve the dispute.
- Counsel for a Colorado dental products company, ProEdge, accused of patent infringement in the District of Colorado by Sterisil.
- Lead counsel for plaintiff in two pro bono civil rights cases in the District of Colorado involving constitutional claims including violation of free exercise of religion (denial of kosher meals and confiscation of prayer book) and violation of free speech (confiscation of legal materials). The final remaining defendant settled all claims on the eve of trial after losing a motion to amend the summary judgment.
- Counsel for a photovoltaic technology inventor, Solannex, in patent infringement law suit against MiaSolé in N.D. Cal. involving technology used to interconnect individual solar cells to create a solar panel. After a favorable claim construction ruling for Solannex, the parties reached settlement.
- Day-to-day case responsibilities for a case in the Eastern District of Texas and Northern District of Ohio, representing a Colorado-based corporation, CSG Technologies, against their main competitor, TOA, who was improperly using a patented technician routing program. The parties reached a favorable settlement after discovery revealed additional potential claims against TOA.
- Co-lead counsel for large internet retailer, Buy.com, accused of patent infringement by a non-practicing entity asserting camera patents in C.D. Cal. Achieved complete victory on summary judgment at the district court, entirely affirmed by the Federal Circuit on appeal in the first Federal Circuit case to interpret the Supreme Court’s Alice decision.
- Represented pet food manufacturer in patent infringement law suit in D.N.J. involving method for manufacture of pet chew toys. Complete victory at the Markman hearing resulting in stipulation of non-infringement. Complete victory after appeal to the Federal Circuit.
Select Presentations
- Speaker, Lex Machina's "2022 Contracts: Commercial Litigation Report", October 2022.
- Speaker, "Claim Drafting in Light of PTAB," Rocky Mountain IP & Technology Institute, May 2015.
Industries & Practices
Intellectual Property Litigation
Explore This Practice View client achievements related to this practice View resources related to this practicePatent Prosecution & Strategy
Explore This Practice View client achievements related to this practice View resources related to this practiceTrademark, Copyright + Advertising
Explore This Practice View client achievements related to this practice View resources related to this practice- Commercial Litigation
- Emerging Companies
- Intellectual Property
- Intellectual Property Litigation
- Patent Prosecution & Strategy
- Technology
- Trademark, Copyright + Advertising
Professional & Civic
Professional Achievements
- Project PAVE – Member Board of Directors, Former Chair
- Jefferson Unitarian Church – Member Board of Trustees, Former President
- Golden Fire Department - Lieutenant (Retired)
- Denver Rotary, Club 31 - Member
- Colorado Civil Pro Bono Panel - Member
- American Bar Association, Patent Litigation Committee
- California Bar Association
- Colorado Bar Association, Intellectual Property Law Section
- Denver Bar Association
Accolades
- Recognized as a one of the "World's Leading Patent Professionals" by IAM Patent 1000, 2023
- Contributed more than 50 Challenge pro bono hours, 2020-2022
- Contributed more than 50+ Diversity hours, 2020-2021
- Listed as a "Rising Star" by Colorado Super Lawyers, 2014-2016
- Recognized as a “40 Under 40” honoree by the Denver Business Journal, 2016
