Paul H. Beattie - Law Firm Merchant & Gould Attorneys Minneapolis, Minnesota

206.342.6256 | Email | vCard | Biography

Paul H. Beattie, Jr.

online at

visit superlawyers.com

Seattle Office
701 Fifth Avenue
Suite 4100
Seattle, WA
98104 USA

ph: 206.342.6200
fax: 206.342.6201

Assistant:

Kayla Butcher
kbutcher@merchantgould.com
206.342.6262

Education

Judicial Clerkship

Bar Admissions

Professional Affiliations

Press Releases

Publications and Presentations

Representative Cases

Paul Beattie is an experienced trial lawyer with over 70 victories and a 90% success rate in trials and commercial arbitrations. He has taken or defended over 400 depositions. Mr. Beattie's practice focuses on intellectual property litigation, including patent, plant patent, design patent, trademark, copyright, trade secret, unfair competition, non-compete, and licensing cases. He also represents clients in other types of civil litigation, including breach of contract, partnership dissolution, and tort cases. He also drafts licenses, non-compete agreements, and other documents and provides strategic business counseling. Mr. Beattie's strengths include strong writing abilities (with over 60 successful dispositive motions), extensive first chair experience, and an ability to explain difficult concepts and technologies to juries. Mr. Beattie has been repeatedly recognized as a Washington Super Lawyer, an annual listing of 2-5% of Washington lawyers who have achieved significant peer recognition and professional accomplishment.

Prior to joining Merchant & Gould, Mr. Beattie worked as an intellectual property litigator at Schwabe, Williamson & Wyatt, a Northwest regional law firm, and Darby & Darby, P.S., an intellectual property firm formerly headquartered in New York. Earlier in his career, Mr. Beattie worked at Foley & Lardner in Chicago. Immediately after law school at the University of Michigan, he clerked for the Honorable Jacques L. Wiener of the United States Court of Appeals for the Fifth Circuit. During law school, he was nominated for the Stanfield Scholarship and the Book Award for Legal Writing and Advocacy. He also taught Legal Research & Writing at the William Mitchell College of Law. Mr. Beattie currently teaches various aspects of intellectual property litigation as an Adjunct Professor at the Seattle University School of Law.

Before practicing law, Mr. Beattie served as a Marine Corps Infantryman, graduating first in his platoon from Infantry Training School. He also taught immunology at the University of Chicago. Mr. Beattie represents U.S. service personnel at discounted rates.

Education
University of Chicago
B.A., Molecular and Cellular Biology, 1986, ("Minor" concentration in Classical Philosophy), with Honors (top 10% of class)

University of Chicago, Graduate Work, Medical Immunology

University of Michigan Law School
J.D., 1994, with Honors (top 10% of class)

Judicial Clerkship

United States Court of Appeals for the Fifth Circuit (Wiener, J.) 1993-1994

Bar Admissions

Illinois State Courts
Minnesota State Courts
New Hampshire State Courts
Washington State Courts
United States District Court, Northern District of Illinois
United States District Court, District of Minnesota
United States District Court, District of New Hampshire
United States District Court, Eastern District of Washington
United States District Court, Western District of Washington
United States Court of Appeals, Fifth Circuit
United States Court of Appeals, Seventh Circuit
United States Court of Appeals, Ninth Circuit
Supreme Court of the United States

Professional Affiliations

American MENSA
The Federalist Society
Washington State Bar
Minnesota State Bar
Illinois State Bar
New Hampshire State Bar
American Intellectual Property Law Association
Washington State Patent Law Association

Press Releases

26 Merchant & Gould Attorneys Named 2010 Super Lawyers, July 2010 View

Publications and Presentations

Strategic Licensing of Biotech and Pharma Inventions, CASRIP Summer Institute (July 28, 2011).

Contingency Fee Cases - Best Practices (May, 26, 2011) (ExecSense).

Rejected Reasoning: Bilski Patent Ruling Survives High-Court Showdown, KCBA Bar Bulletin (August 2010)

U.S. Patent Law Stuck Stateside, IP Law 360 (June 2010)

State Based Rights of Inventors and Authors, Oregon State Bar IP CLE (June 2010)

Powerful Opening Statements, Schwabe, Williamson & Wyatt (March 2010)

Recent Challenges to the Protection of Biotechnology Inventions, Bell Harbor International, Invest Northwest (March 18, 2009).

Extraterritorial Infringement Outpaces Extraterritorial Protection, 44 Trial News (No. 2) at 11, 14 (October 2008).

Biotechnology and the Law, Adjunct Professor, Seattle University School of Law (Fall 2008).

U.S. Patent Law Struck Stateside, KCBA Bar Bulletin (September 2008).

Legal Writing Unplugged: 10 Quick Tips for Better Legal Writing, Schwabe, Williamson & Wyatt (August 2008).

Monetization of Patents, Wi-LAN IP Symposium: Monetization of Patents (April 15, 2008).

BioPharma Intellectual Property That is Patentable Subject Matter, Chapter 1 in Biotechnology and Pharmaceutical Patents: Law and Practice (Aspen Pub. Dec. 2007) (co-author).

Jesting at Scars that Never Felt a Wound: The U.S. Supreme Court's New Doctrine of Licensee Standing Without Breach, Intellectual Property Law & Practice; 2: 275-277 (2007).

The Use of Trademarks in Small Businesses, Trial Bar News (2004).

Contributor to the WSTLA Pleadings and Motions Computer Reference (2003).

Legal Writing for Paralegals, CLE Materials, Chicago (2000).

Use of Experts in I.P. Litigation, CLE Materials, Chicago (2000).

Representative Cases

New Touch-Up Sys., Inc. v. Front Line Ready GA, LLC, Case No. 3:09-CV-05158-RPL (W.D. Wash. Oct 7, 2011)(patent infringement case against client dismissed with prejudice after favorable markman ruling).

Arrival Star S.A. v. Agility Logistics, Inc., Civ. Action No. 2:10-cv-01249-RSK (W.D. Wash. Dec. 3, 2010) (sucessful motion to dismiss)

Northwest Home Designing, Inc. v. Lubbesmeyer Const., Inc., Case No. 3:09-cv-05562-RJB (W.D. Wash. June 8, 2010) (defeated motion for a preliminary injunction).

Novozymes A/S v. Genencor Int'l, Inc., Civ. No. 05-160-ICAJ (D. Del. 2007) (drafted brief that won permanent injunction, as part of team that secured a $15 million dollar judgment in complex patent case).

Chadwick Farms Owners Ass'n v. FHC, LLC, Case Nos. 80450-8, 80459-1-O-I (Wash. S. Ct. May 14, 2009) (represented WSBA) (brief cited with approval by supreme court and court of appeals).

Blount, Inc. v. TriLink Saw Chain, LLC, Civ. Action No. 1:06-CV-0767-BR (April, 2009) (first-chaired trial and won judgment for $2.3 million).

Lucky Break Wishbone Corp. v. Sears, Roebuck and Co., 528 F. Supp. 2d 1106 (W.D. Wash. 2007) (won sanctions against defendants excluding key evidence and helped to win partial summary judgment on various issues in copyright case; client ultimately won $1.7 million verdict).

Roth v. Flores, Civil Action No. 01-2-02371-2 (Yakima County, Trial Jan. 27-29, 2009) (won $96,000 judgment on M.A.R. arbitration award of $11,500).

Widevine Tech., Inc. v. Verimatrix, Inc., Case No. 2:07-CV-321-TJW-CE (E.D. Tex. Sep. 25, 2008) (drafted briefs successfully opposing Verimatrix's motion to stay case pending inter partes reexamination).

Lomax v. Memorial Hospital Ass'n., Case No. 259315 (Wash. Ct. App. June 10, 2008) (reversed trial court's grant of summary judgment).

Cardiac Science, Inc. v. Koninklijke Philips, N.V., 466 F. Supp. 2d 1150 (D. Minn. 2006) (won summary judgment invalidating key claims for lack of adequate written description, and defeated cross-motion in complex patent case involving 21 patents).

National Prods., Inc. v. Gamber Johnson, LLC, Case No. CV04-02524P (W.D. Wash. 2006) (team secured consent judgment in patent case).

Paragon Luggage, Inc. v. Monarch Designs, Inc., Case No. SACVOS-929 (C.D. Cal. 2007) (secured consent judgment in patent case).

Berrocal v. Fernandez, 155 Wash. 2d 585 (2005) (reversed court of appeals in Washington State Supreme Court, which affirmed favorable summary judgment dismissing case).

Tim Vining Real Estate Appraiser and Consultants v. Clark Jennings & Associates, Inc., No. CV-04-3110-RHW, 2005 WL 1500972 (E.D. Wash. 2005) (won partial summary judgment in copyright case).

Medoza v. Zirkle Fruit Co., 222 F.R.D. 439 (E.D. Wash. 2004) (won summary judgment).

Ramirez v. Veronte, Inc., No. CV-03-3050-CI (E.D. Wash. Oct. 1, 2005) (defeated Defendants' motion for summary judgment).

National Licensing Ass'n, LLC v. Inland Joseph Fruit Co., 361 F. Supp. 2d 1244 (E.D. Wash. 2004) (motion to dismiss instrumental in dismissal of 18 plant patent infringement cases for lack of standing; this is parent case).

Ecklund v. Internal Medicine Assoc. of Yakima, AAA Arb., No. 75-166-00311-02-ARN (March 13-14, 2003) (medical association sought $2 million in damages for breach of non-compete, but client prevailed and paid only $600 in photocopying costs).

U.S. v. Gleich, Case No. 03-CR-02092-RHW (E.D. Wash. 2003) (client acquitted of all charges after federal felony trial).

Barnhouse v. Sunnyside Irrigation Dist., Civ. No. 00-2-02881 (Yakima Cty. Sup. Ct. March 5, 2003) (won summary judgment).

Out of Line Sports, Inc. v. Rollerblade, Inc., 213 F.3d 500 (10th Cir. 2000) (defeated motion for preliminary injunction).

World Wrestling Federation v. Posters, Inc., 2000 WL 1409831 (N.D. Ill. 2000) (won seizure order, preliminary injunction, summary judgment, and attorneys' fees).

Genetics Corp. v. Pioneer Hi-Bred Int'l., Inc., 96 C 500112 & 96 C 50239 (N.D. Ill. 2000) (worked on several complex patent litigations involving genetically-engineered corn).

Rios v. AT&T Corp., 36 F. Supp. 2d 1064 (N.D. Ill. 1999) (won summary judgment and dismissal of case).

Accu-Sort Sys., Inc. v. Lazerdata Corp., Civ. Action No. 98-3475 (E.D. Pa. 1998) (won royalty dispute).

The Toro Co. v. McCulloch Corp., 898 F. Supp. 679 (D. Minn. 1995) (drafted brief that won partial summary judgment).

Kepner-Tregoe, Inc. v. Leadership Software, Inc.,12 F.3d 527 (5th Cir. 1994) (drafted widely-cited copyright opinion).