Gregg I. Anderson

303.357.1630 | Email | vCard | Biography

Denver Office
1050 Seventeenth Street
Suite 1950
Denver, CO
80265-0100 USA

ph: 303.357.1670
fax: 303.357.1671

Assistant:

Jonathan Saadeh
jsaadeh@merchantgould.com

Education

Bar Admissions

Professional Affiliations

Awards and Recognitions

Speaking Engagements

Publications

Representative Experience

Mr. Anderson is a partner, specializing in IP, specifically including patent litigation. He possesses a wealth of intellectual property law experience and IP litigation has been the focus of his practice for over two decades.

Mr. Anderson has litigated through trial patent cases involving a range of technologies including oil field mud mixing tanks, computer generated file labels, computer tape storage cabinets, molybdenum compounds used for smoke suppression, as well as a trade secret case relating to a method for using blood albumin as a marker for ischemia. Also in the biotechnology area, he has litigated licensing issues related to thrombopoietin receptor agonists. In software and networking, Mr. Anderson represented the owner of patented technology relating to downloading updates and bug fixes to networked software over the internet.

A registered patent attorney, he is familiar with reexaminations before the United States Patent Office, as well as exclusionary proceedings before the United States International Trade Commission, both of which are often a component of patent litigation. Mr. Anderson has also represented clients in the Eastern District of Texas, a popular court for bringing patent infringement lawsuits. He has appeared before federal district courts throughout the United States and before the Federal Circuit Court of Appeals, the appellate court with exclusive jurisdiction over patent matters. He also tried twice a case regarding a foldable headrest for beach use, which ultimately resulted in a Federal Circuit opinion on speculative damages, obtaining a very favorable result for his client.

Mr. Anderson has a Bachelor of Science Degree in Aerospace Engineering from the University of Kansas. His education emphasized aerodynamics and stability and control of aircraft. Mr. Anderson also has solo flying experience.

Education

University of Kansas
B.S., Aerospace Engineering

University of Missouri-Columbia, School of Law
J.D.

Bar Admissions

California
Colorado
United States Patent and Trademark Office

Professional Affiliations

American Bar Association, Intellectual Property and Litigation Sections
Computer Software Committee (1990) and Economics of Legal Practice
Colorado Bar Association, Past Chairman, Patent, Trademark, and Copyright Section (1989)
Federal Circuit Bar Association
San Diego Intellectual Property Law Association (SDIPLA)

Awards and Recognitions

Best Lawyers in America distinction in Biotechnology Law and Intellectual Property Law
Super Lawyers® distinction in the field of Intellectual Property Litigation (2006-2010)

Speaking Engagements

Mr. Anderson has been a featured speaker at many continuing legal education seminars. Below is a
partial listing:

• Patent Litigation-What does it really mean? (February 23, 2007)

• Trade Secrets and Patents, Their Interplay (June 15, 2005)

• Patent Litigation Strategies (June 13, 2005)

• Patent and Trade Secret Litigation and Enforcement (March 28, 1996)

• Litigating Patent Cases in View of Markman v. Westview (1996)

• Patent Infringement Litigation (March 23, 1995)

• Defenses to Infringement Claims (November 11, 1995)

• Defenses to Infringement Claims (October 20, 1994)
  
• Ethics Considerations in Intellectual Property (1993)

Publications

Chapter, Recent Decisions of the U.S. Supreme Court and Federal Circuit Court of Appeals Have Altered the Risk-Reward Analysis of Patent Litigation, Litigation Strategies for Intellectual Property Cases, Aspatore Books (2010)

Representative Experience

The Rockefeller University v. Ligand Pharmaceuticals, Inc. (S.D.N.Y. 2008-2009). Assay Technology related to Drug Development. Representing defendant in a technology license dispute relating to GlaxoSmithKline's Promacta-brand product. Obtained favorable settlement early in discovery.

Diversified Marketing Group, Inc. v. Trick (U.S. District Court for the District of Colorado, 2006). Obtained injunction enforcing software development contract for the return of code used in a lottery publication business.

Junction Solutions, Inc. v. MBS Dev, Inc. (U.S. District Court for the District of Colorado, 2004). Successfully defended motion for temporary restraining order against former employees relating to alleged trade secrets in business enterprise software based on Microsoft Dynamics AX.

Ischemia Technologies, Inc. v. DMI Biosciences, Inc. (District Court for the City and County of Denver, 2004). Successfully defended five day hearing on motion for preliminary injunction in trade secret case relating to use of blood protein to diagnose ischemia.

PowerQuest Corp. v. Symantec Corp. et al. (U.S. District Court for the District of Utah, 2003). Represented owner of patent relating to hard disc partitioning software. After favorable claim interpretation ruling, case settled with an acquisition of patent owner by defendant.

Red River Fiber Optics, Inc. v. Level 3 Communications, Inc. (U.S. District Court Eastern District for the District of Texas, 2003). Defended claim of patent infringement on patent for using fiber optics over the internet. After claim interpretation hearing, successful mediation.

Climax Molybdenum Company v. Molychem LLC (International Trade Commission, 2002). Represented
complainant in a trial to ITC relating to patent infringement of molybdenum compound for use as smoke suppressant. Case settled after a trial to the U.S.D.C. for the District of Colorado.

Altira Group LLC v. Philip Morris Co. (U.S. District Court for the District of Colorado, 2002). Represented trademark owner in the three day hearing on motion for preliminary injunction in trademark matter. Settled after court's findings and conclusions.

Krenzel v. Klaas Law et al. (District Court for the City and County of Denver, 1999). Co-counsel on patent issues for claim of attorney malpractice relating to patent for flexible flashlight holder. Case settled after verdict following two week jury trial.

Atmel Corp. v. Vitesse Semiconductor Corp. (District Court for El Paso County, Colorado, 1998). Defended claim for breach of employee non solicitation clause and covenants not to compete under Colorado and California law. Parties were competitors in semiconductor manufacturing and related trade secrets were involved. Represented defendants in three day preliminary injunction hearing. On appeal to Colorado Court of Appeals, defendants prevailed and Colorado law on non solicitation in trade secret context clarified.

Rivendell Forest Products LLP v. Georgia-Pacific Corporation (U.S. District Court for the District of Colorado, 1996). Counsel for defendant in trade secret misappropriation claim relating to computer software running on mini-computer to calculate delivered price for lumber products. Obtained summary judgment and subsequent appeal to U.S. Court of Appeals for the Tenth Circuit.

Engineered Data Products, Inc. v. Sard/ILS (U.S. District Court for the District of Colorado, 1996). Defended patent owner in court trial on inequitable conduct on software patent for color coded labels. No inequitable conduct was found.

Engineered Data Products, Inc. v. Wright Line (U.S. District Court for the District of Colorado, 1995). Represented owner of patents for storage units for IBM 3480 tapes in jury trial. Won damages, willfulness finding, and successfully defended counterclaims for patent infringement.

Oiness v. Walgreen Company et al. (U.S. District Court for the District of Colorado, 1994) (two jury trials). Defended patent infringement claim on novelty head rest, damages minimal in jury trial. On retrial to a jury on damages only, substantial damages. Reversed on appeal to U.S. Court of Appeals for the Federal Circuit.

The Colorado Golf Association, Inc. v. Colorado Sports Publications (U.S. District Court for the District of Colorado, 1991). Represented client in claim to rights in the trademark "Colorado Golf" as it pertains to a magazine regarding golf. Court found likelihood of confusion in evidentiary hearing.

3U v. LEG Rentals (U.S.DC Wyoming, 1986). In a court trial, defended patent infringement claim on mud mixing tanks (oil field technology). Damages minimal.

Marquest Medical Products, Inc. v. EMDE, Inc. (U.S. District Court for the District of Colorado, 1983). Moved for motion for preliminary injunction regarding trademark "Auto Stick" for blood gas syringes. Three day evidentiary hearing to the Court.

MBH Corporation v. WOKY, Inc. (U.S. District Court for the District of Colorado, 1983). Plaintiff in trademark claim for rights in "I Love You" in association with radio promotions. Represented trademark owner before the United States Court of Appeals for the Seventh Circuit.

Swarovski Crystal, Inc. v. Crystal Zoo, Inc. (U.S. District Court for the District of Colorado, 1983). Defended claim of copyright infringement in evidentiary preliminary injunction hearing regarding copyrights in crystal animal collection.