Peter M. Lancaster
PEOPLE

Peter M. Lancaster

Partner
lancaster.peter@dorsey.com

Overview

PETER M. LANCASTER HAS CO-CHAIRED DORSEY’S INTELLECTUAL PROPERTY LITIGATION GROUP AND CONDUCTS PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, AND OTHER UNFAIR COMPETITION AND TECHNOLOGY-RELATED LITIGATION.

Peter has won appellate arguments in the Third, Seventh, Eighth, Ninth, and Federal Circuit courts of appeals.  He also serves as Dorsey Claims Counsel responsible for any litigation involving the firm.

Education & Admissions

Princeton University (A.B., 1976), Woodrow Wilson School of Public and International Affairs

Yale Law School (J.D., 1980)

Admissions

  • Minnesota
  • U.S. Courts of Appeals for the Federal, Third, Seventh, Eighth, Ninth, and Tenth Circuits
  • Handled litigation in federal courts in California, Colorado, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Massachusetts, Minnesota, Montana, Nebraska, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Texas, Virginia, Washington, Wisconsin, and Wyoming

Experience

Representative Litigation

  • Cave Consulting Group v. OptumInsight (Fed. Cir.) (won complete reversal and dismissal of $12 million+ verdict based on medical claims software patent, with additional exposure totaling $40 million)
  • In re USB Portable Storage Devices (I.T.C.) (persuaded I.T.C. claimants to dismiss patent proceedings without any payment or other concession on eve of trial)
  • One-Blue et al. v. Imation Corp. (D. Del.) – defended multiple patent actions relating to standards-essential patents for Blu-ray discs, resulting in only minimal payments in each case
  • Scoular v. Ceres Global Ag Corp. (obtained $11 million+ settlement on eve of trial for misappropriation of corporate opportunity claim)
  • AHT v. Raymedica, Inc. (S.D. Calif.) (defeated multi-million dollar claims in jury trial for misappropriation of confidential information claims relating to spine implant technology and won counterclaims for misappropriation of confidential information and conversion, along with six-figure attorney fee award)
  • Cargill, Inc. v. Zeigler Bros., Inc. (S.D. Fla.) (won $1 million jury verdict and finding of willful infringement of patent on liquid shrimp feed) 
  • Nazarian v. Abiomed, Inc. (D. Mass. and AAA) (obtained payment of over $2.6 million following award of all requested stock and attorney fees sought in arbitration over Abiomed's use of patented artificial heart technology)
  • Timm Medical Technologies, Inc. v. SOMA BLUE, Inc. (D. Minn.) (won jury verdict establishing willful trademark infringement, willful false advertising, and violation of nonsolicitation obligations, including damages, injunction, and attorney fees)
  • KX Industries v. PUR Water Purification Products (D. Del. and Fed. Cir.) (won summary judgment establishing noninfringement of patent relating to process for manufacturing carbon filters; affirmed on appeal)
  • Ultrapure Systems, Inc. v. Recovery Engineering (D. Minn.) (won summary judgment establishing noninfringement of patent relating to faucet-mounted water filter system)
  • United States National Bank of Red Lodge vs. U.S. Bancorp, 198 F.3d 256 (9th Cir.) (successfully opposed preliminary injunction motion and then won complete summary judgment, affirmed on appeal, against plaintiff bank seeking to prevent U.S. Bancorp from using US BANK trademark in Montana)
  • U.S. Bancorp vs. USABanc.com, Inc. (D. Minn.) (obtained preliminary injunction shutting down competing bank website on trademark infringement grounds and ordering $200,000 sanction, doubled every hour, for any noncompliance with order)
  • Kepner-Tregoe v. Executive Development, 79 F. Supp.2d 474 (D. N.J. and 3rd Cir.) (won summary judgment dismissing copyright claims covering educational materials for decision-making processes, affirmed on appeal)
  • Strategic Directions Group, Inc. v. Bristol-Meyers Squibb Company (D. Minn. and 8th Cir.) (won summary judgment dismissing trade secret and related contract claim, affirmed on appeal)
  • Arctic Cat Inc. v. Polaris Indus., Inc., et al. (D. Minn.) (defended Polaris in case involving off-road vehicles, developing invalidity defense and settling for nuisance payment of $16,500)

News & Resources

Select Presentations

  • "Trade Secrets," biannual MSBA Presentations on Business Torts
  • "Construing the Claims: Strategic Checklist for Success," 2006 Midwest IP Institute
  • "Using, Misusing, and Deconstructing Surveys in Trademark Litigation," 2002 Midwest IP Institute
  • "Defending Trademark Preliminary Injunction Motions in Minnesota," 2001 MSBA Conference on Trademark Law
  • "Internet Issues in State Courts," 2000 Minnesota Annual Conference of Judges

Professional & Civic

Professional Achievements

  • Member, American Intellectual Property Law Association
  • Minnesota Intellectual Property Law Association

Pro Bono Work

  • On behalf of Minnesota Civil Liberties Union, effectuated shutdown of charter school using public funds to operate as an Islamic institution in violation of the First Amendment Establishment clause
  • Provides Conciliation Court services to pro bono low-income clients

Community Involvement

Other Activities
  • Board of Friends of the Hennepin County Library
  • Volunteer Lawyers Network participant in Conciliation Court clinic
  • Age group winner of sprint triathlons, including Minneapolis and St. Paul

Accolades

  • Listed in Best Lawyers in America©, 2011-2019
  • Listed in Who's Who in American Law
  • 2011 Recipient of American Civil Liberties Union of Minnesota Earl Larson Award
Peter M. Lancaster