Case Collard
PEOPLE

Case Collard

Partner
collard.case@dorsey.com

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

Artists v. AI Images
It’s Alive? The Open Question of Ownership over the Creations of an AI
What Comes Next for the NCAA Name, Image, and Likeness Rules?
Environmental Advocate Wins Battle Against “Australia’s Greatest Liability”
Highlights Part I of the Trademark Modernization Act of 2020: Irreparable Harm and TTAB Inferior Officers
Fighting COVID-19 by Accelerating the Patent and Trademark Examination Process
Syncing Workout Music with Licensing Requirements
SCOTUS Paves the Way for FUCT Trademark, Causing a Bit of an Application Sh**storm at the USPTO
All Publicity May Not Be Good Publicity: Risky Timing of IP Filings Based on Sports Success
#RippedOff: New Wave of Call-Out Culture in the Fashion Industry
Champagne for the New Year – Trademark or Geographic Indicator?
Keeping Up With The Kopyrights
Supreme Court Bolsters Patent Exhaustion Doctrine, Patent Laws Cannot Be Used Against Resellers
Supreme Court Bolsters Patent Exhaustion Doctrine, Patent Laws Cannot Be Used Against Resellers
Of Klingons and Copyrights: Trekkie Fan Film Hits Fair Use Flameout
Samsung wins Supreme Court fight with Apple
Supreme Court throws out Apple’s $399M win in Samsung patent fight
Campaign IP Violations Part 3 – Huckabee’s Campaign Pays Up
Breaking the code: Google prevails in Oracle fair use battle
Campaign IP Violations Part 2 – Trump Sued for Copyright Infringement
Hard Truths in Software Innovation, Intellectual Property Magazine
"Alice v. CLS Bank" Applied Broadly by the Federal Circuit
"Alice’s" Patent Invalidated as “Abstract,” But Court Declines to Articulate Standard Applicable across Industries

News & Press Mentions

IAM Patent 1000 Recognizes 20 Dorsey Attorneys in World’s Leading Patent Professionals 2023
Dorsey Partner Case Collard Remarks on SCOTUS Arthrex Ruling
Dorsey Partner Case Collard Comments on Future of Fort Collins' Utility Contract Dispute
Dorsey Partner Case Collard Comments on Smith & Nephew v. Arthrex
Dorsey Partner Case Collard Comments on Lexmark IP Ruling
Dorsey Partner Case Collard Weighs-in on "SCA Hygiene Products v. First Quality Baby Products"
Dorsey Partner Case Collard Discusses Patent Exhaustion
Dorsey Partner Case Collard Discusses Fair Use in Oracle v. Google Case
Dorsey Partner Case Collard Remarks on Apple v. Samsung Patent Case
Dorsey Partner Case Collard Comments on Apple v. Samsung Return to District Court
Dorsey Partner Case Collard Weighs in on "Apple v. Samsung" Case
Dorsey Partner Case Collard Remarks on Recent Ruling in Samsung vs. Apple Copyright Case
Dorsey Nationally Ranked and Named Trademark Law Firm of the Year by "U.S. News – Best Lawyers" Best Law Firms
Dorsey Partner Case Collard Remarks on Reach of US Patents
Dorsey Partner Case Collard Comments on Halo Patent Damages Decision
Partner Case Collard comments on fair use in Oracle’s API suit against Google
Super Lawyers Recognizes Eleven Dorsey Lawyers in Denver
Dorsey Congratulates Partner Case Collard on Being Named to 40 Under 40
Dorsey Partner Case Collard Comments on Samsung-Apple Patent Suit
Dorsey Partner Case Collard Discusses "Lexmark v. Impressions" Patent Case
Dorsey Partner Case Collard Recognized as One of 2016's "40 Under 40" by Denver Business Journal
Dorsey Partner Case Collard Remarks on 2016 Patent Cases to Watch
Dorsey Partner Case Collard Remarks on the Biggest Patent Cases of 2015
Dorsey Partner Case Collard Remarks on Steers Leadership of USPTO
Dorsey Partner Case Collard Discusses Tips for Using Expert IP Witnesses

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

  • Commercial Litigation
  • Emerging Companies
  • Intellectual Property
  • Intellectual Property Litigation
  • Patent Prosecution, Portfolio Strategy & Management
  • Technology
  • Trademark & Copyright

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

Pro Bono 50 Hours 2022    Contributed 50+ Pro Bono Hours in 2021Contributed 50+ Pro Bono Hours in 2020

  • Contributed more than 50 Challenge pro bono hours, 2020-2022

     Diversity & Inclusion 50+ Hours 2021    Diversity & Inclusion 50+ Hours 2020

  • 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
Case Collard