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Overview
When clients have a dispute or see one on the horizon, Case is a steady presence offering intelligent and creative solutions.
Case is a trusted advocate for many clients due to his honest and 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. 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 college football player and Lieutenant with the Golden Fire Department, 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 and the head of the combined Missoula, Anchorage, and Denver Diversity Committee. He served with the Golden Fire Department for 13 years. He is the Chair of the Board of Directors of Project PAVE, a Denver non-profit committed to ending violence. He is the past President of the Board of Trustees of Jefferson Unitarian Church. 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
- 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 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.
- 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.
- 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.
News & Resources
Articles
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 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
August 24, 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, Portfolio Strategy & Management
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, Portfolio Strategy & Management
- Technology
- Trademark & Copyright
Professional & Civic
Professional Achievements
- Project PAVE - Chair, Board of Directors
- Jefferson Unitarian Church - Former President, Board of Trustees
- Golden Fire Department - Lieutenant (Retired)
- Denver Rotary, Club 31 - Member
- Faculty of Federal Advocates - 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
