Introduction
Kurt is an experienced trial lawyer focusing on complex intellectual property litigation, with a particular emphasis in patent litigation. Kurt has successfully led trial teams in the enforcement and defense of patent litigation throughout the
Kurt believes that each lawsuit must be approached uniquely, focusing on his clients’ goals and recognizing the level of opportunity or exposure. Partnering closely with his clients produces not only the greatest possibility for litigation success, but also his clients’ business success. While Kurt is a registered patent attorney, and utilizes in his work his education and real-world experience in aerospace engineering and mechanics, he emphasizes the importance of transforming complex technology into simple concepts and stories to educate and persuade judges and juries.
Education
- William Mitchell College of Law, J.D., 1996, magna cum laude
- University of Minnesota, B.S., Aerospace Engineering and Mechanics, 1988, with distinction
Bar Admissions
- Minnesota, 1996
- U.S. Patent and Trademark Office, 1996
- U.S. District Court District of Minnesota, 1997
- U.S. Court of Appeals Federal Circuit, 2002
- United States Supreme Court, 2008
Practice Areas
- Intellectual Property
- Intellectual Property Litigation
- Litigation
- Patents
- Life Sciences
- Non-Competes & Trade Secrets
Representative Experience
- Kurt led an arbitration action for the world’s leading medical products provider against Oracle and its acquired predecessors over the failed implementation relating to a company-wide CRM and ERP solution. By persuading the defendant to engage in a formal mediation session prior to the arbitration trial, we were able to present a compelling demonstration of the strength of our client’s case, resulting in a settlement well above our client’s expectations, at a fraction of the anticipated arbitration cost.
- Kurt successfully defended a case for his client, Miken Sports (now K2), in the Northern District of Illinois, involving allegations by Wilson Sporting Goods that Miken’s industry-leading double-wall softball bat design infringed its patent rights. Kurt obtained summary judgment of non-infringement, and defended that judgment successfully at the Federal Circuit.
- Kurt was retained to handle the appeal of an adverse judgment for a client who had been found liable for inequitable conduct in its patent infringement enforcement case involving computer-related technology, resulting in a finding that its entire family of patents was unenforceable, and an award of $3.3 million dollars in attorneys fees. Kurt successfully obtained a reversal of the inequitable conduct finding by Federal Circuit Court of Appeals, reviving the enforceability of our client’s family of patents and reversing the $3.3 million judgment.
- Kurt was co-counsel in the successful patent infringement action on behalf of one of the world’s largest compact disk patent holders and licensors. Through a bifurcated pretrial schedule, we were able to obtain a district judgment dismissing the multiple defendants’ primary license defense, leading to a very favorable worldwide settlement agreement without requiring the expense of trial on the merits of the infringement issues.
- Kurt is co-counsel in defense of patent infringement claims involving stored-value gift cards. We have successfully defended against the plaintiff’s motions for a TRO and a preliminary injunction, and the case is continuing towards trial.
- Kurt led the successful defense and trial in a patent case venued in the Eastern District of Texas. Our client, a leading manufacturer of computer display stands, and its downstream customers including Dell and CDW Corporation, faced an opponent seeking $65 million in actual damages, and trebling of those damages and attorneys fees totaling $200 million. The case was quickly settled after the jury returned an award of $3 million, well below any settlement demand, and the court refused to treble the award or award attorneys fees.
- Kurt led the successful defense of patent infringement claims through a multi-jurisdictional proceeding venued simultaneously in the Nebraska District Court and before the Board of Patent Interferences and Appeals in Washington, D.C. Our client, a strong biotech company, was accused of patent infringement for its sale of certain critical blood controls, products that our client believed it was the first to invent. With almost simultaneous judgments from the two proceedings, the Board canceled every claim of the accuser’s five patents, clearing the way for our client to obtain patent protection for its blood controls. These decisions are currently on appeal and in post-trial proceedings.
- Kurt led a successful patent enforcement and breach of contract action involving a technology for mortarless retaining wall systems. Kurt and his litigation team obtained a preliminary injunction against the accused product sales, and continued through trial to obtain a jury verdict awarding our client 100% of its requested damages. In post-trial proceedings, we obtained a permanent injunction and were awarded patent rights originally obtained by the defendant. Both the preliminary injunction and trial judgment were upheld by the Federal Circuit.
- Kurt led two successful cases involving a breach of contract by our client’s former producer of mortarless retaining wall systems. First, we obtained summary judgment dismissing the producer’s declaratory judgment lawsuit arguing that our client’s technology and production agreement was invalid and constituted patent misuse. That summary judgment was affirmed by the Seventh Circuit. Then we successfully sued the producer when it continued to breach the agreement, obtaining a full monetary award from the jury and an injunction prohibiting further sales in breach of the agreement. The Seventh Circuit again affirmed the award.
Representative Clients
- Medtronic
- Hormel Foods Corporation
- Koninklijke Philips Electronics
- CDW Corporation
- Techne Corporation
- Research & Diagnostic Systems
- AGA Medical
- Allan Block Corporation
- Ergotron
- Sperian Protection Americas
- Avery Dennison Corporation
Selected Publications & Presentations
- Presenter, “Patents v. Trade Secrets – Which is Right for Your Company's Protection?,” Fredrikson & Byron Non-Competes & Trade Secrets Seminar, March 3, 2011
Professional Activities
- American Bar Association, Member
- American Intellectual Property Law Association, Member
- Minnesota Intellectual Property Law Association, Patent Litigation Section, Member
- Minnesota State Bar, Member
- MIPLA Patent Litigation, ADR and CAFC Committee, Chair