Allen W. Hinderaker

Partner
Minneapolis
3200 IDS Center, 80 South Eighth Street
Minneapolis, MN 55402
D: 612.371.5292
Contact My Assistant
Carol Nystrom
D: 612.336.4622

Practices

Education

University of Minnesota Law School
J.D., magna cum laude, 1974

St. Olaf College
B.A., magna cum laude, 1970

Bar and Court Admissions

U.S. District Court, Eastern District of Texas, 2010
U.S. District Court, Eastern District of Wisconsin, 2006
U.S. District Court, District of Colorado, 2004
U.S. Court of Appeals for the Ninth Circuit, 2002
U.S. Court of Appeals, Federal Circuit, 1994
U.S. Supreme Court, 1993
U.S. Court of Appeals for the Seventh Circuit, 1993
U.S. District Court, District of South Dakota, 1980
U.S. District Court, District of Minnesota, 1976
U.S. Court of Appeals, Eighth Circuit, 1976
Minnesota Supreme Court, 1974
Minnesota State Bar, 1974

Professional Affiliations

American Bar Association
    Intellectual Property Section
    Litigation Section, Member Intellectual Property Litigation Committee

International Trademark Association (INTA)
Intellectual Property Owners Association (IPO)
Minnesota State Bar
Minnesota Intellectual Property Law Association
Twin Cities Diversity in Practice
    Member, Membership Committee
Fellow, Litigation Counsel of America, Trial Lawyer Honorary Society
    Co-Founder, Intellectual Property Institute
    Member, Diversity Law Institute
    Member, The Trial Law Institute

Master, Minnesota IP Inns of Court
The Honorable Jimmie V. Reyna Intellectual Property American Inn of Court
    Master and Founding Member
Member, International Referral

Awards & Recognition

Recognized as one of the "Best Lawyers in America" for IP Litigation and Patent Litigation by The Best Lawyers in America, 2010-2017
Selected for inclusion in Minnesota Super Lawyers, 2003-2016

Publications & Speaking

Panelist, Sharing of Judicial Experiences: Intellectual Property Rights, United States District Court for the District of Minnesota, Minneapolis, MN, August 10, 2015

Demonstrative Evidence Under the Rules: The Admissable and Inadmissable, Litigation Commentary & Review, co-authored with Ian McFarland, July 2015

Do The Facts Stand A Chance: Case Story and The Art of Persuasion - Cite as 4 Litigation Commentary & Rev. 198, February/March 2012

Panelist, AIPLA Electronics & Computer Patent Law Summit, on Patent July Trials, August 16, 2011

Speaker, Litigation Counsel of America Renaissance Symposium II, on Persuasion, March 20, 2011

Speaker, 29th Annual Conference of the American Society of Trial Consultants, on Witness Preparation, June 17, 2010

Speaker, Continuing Legal Education Program, Mastering Courtroom Evidence, January 11, 2009

IP Law 360 Article Value And Trust: Trial Preparation From Day One, Portfolio Media, New York, April 8, 2008

Domestic And International Litigation Strategies, Taking Steps Toward A Successful Resolution, Aspatore Books, 2007

Speaker, Continuing Legal Education Program, Advertising Law, October 25, 2005. Sponsor, Lorman Education Services

Speaker, Continuing Legal Education Program, Using Themes in Trials, Trademark Litigation, June 21, 2002. Sponsor, Minnesota Institute of Legal Education

As a trial lawyer with a long track record of successful outcomes, Allen's goal is not just to win a single case, but to put his client's business in a stronger competitive position. When going to trial does not serve the goals of the client, Allen employs a litigation and negotiation strategy in collaboration with the client to meet the business goals of the company.

Allen represents clients in court, before administrative tribunals, and in private arbitration. He understands that case strategies, tactics, and outcomes must align with business objectives: the litigation must be planned, budgeted, and handled in partnership with the client to serve the client's business objectives. Allen's trial practice is focused on patent infringement, trademark and trade dress infringement, commercial contract and licensing disputes, trade secret misappropriation, and claims of unfair competition.

Allen likes to run, read, and travel in his spare time.

Representative Cases

Ardent Mills, LLC v Archer-Daniels-Midland Company (United States District Court, District of Kansas - Patent Infringement)

Archer-Daniels-Midland Company v. Ardent Mills, LLC (United States Patent and Trademark Office before the Patent Trial and Appeal Board – Inter Partes Review

Corning Optical Communications LLC v. Communications Systems, Inc. (United States District Court. Northern District of Texas – Patent Infringement

In the Matter of Products Having Laminated Packaging, Laminated Packaging and Components Thereof, United States International Trade Commission, Inv. No. 337-TA-874. (Represented Champagne Louis Roederer), investigation terminated finding no violation.

AmTab Manufacturing Corporation v. SICO Incorporated and SICO America, Inc, (United States District Court, Northern District of Illinois - Patent Infringement)

Network-1 Security Solutions, Inc. v. Alcatel-Lucent USA Inc., et. al., (United States District Court, Eastern District of Texas - Patent Infringement)

Nielsen Idaho Tool and Engineering Corp., V. Scepter Corporation, (United States District Court, District of Idaho - Breach of Patent License)

3M Company and 3M Innovative Properties Company v. Pradeep Mohan, (United States District Court, District of Minnesota - Trademark Infringement and Counterfeiting)

Champagne Louis Roederer v. J. Garcia Carrion, S.A. and Friend Wine Marketing, Inc. d/b/a CIV USA, (United States District Court, District of Minnesota - Trademark Infringement)

Hysitron Corporation v. MTS Systems Corporation, (United States District Court, District of Minnesota - Patent Infringement)

MTS System Corporation v. Hysitron Incorporated, (United States District Court, District of Minnesota - Patent Infringement)

First National Bank in Sioux Falls v. First National Bank South Dakota, SPC Inc., et al.,(United States District Court, Southern District of South Dakota - Trademark Infringement)

Hormel Corporation and Hormel Foods LLC v. Spam Arrest LLC, (Trademark Trial and Appeal Board - Trademark Infringement)

Black & Decker Inc. v. Robert Bosch Tool Corporation, (United States District Court, Northern District of Illinois - Patent Infringement)

All Rite Products, Inc. v. Mountain Green ATV, et al., (United States District Court, District of Utah, Central Division -- Patent Infringement)

Northwest Airlines, Inc. v. NWA Federal Credit Union, (United States District Court, District of Minnesota -- Trademark Infringement)

AgStar Financial Services v. AgriStar Global Networks, (United States District Court, District of Minnesota -- Trademark Infringement)

The Men›s Warehouse v. Retek, Inc., (AAA Arbitration -- Fraud and Breach of Software License and Development Agreement)

Diversified Pharmaceutical Services, Inc. v. Medica Health Plans, et al., (AAA Arbitration -- Wrongful Contract Termination)

Pfizer Inc. v. Joytime Herbs, et al., (United States District Court, District of Minnesota -- Trademark Infringement)

Firepond, Inc. v. Banter, (United States District Court, District of Minnesota -- Patent Infringement)

Pfizer Inc. v. Robinson Laboratories, Inc., (United States District Court, District of Minnesota -- Trademark Infringement)

CSC Brands LP and Campbell Soup Company v. Herdez Corp. and Hormel Foods Corporation, (United States District Court, Eastern District of California -- Trademark and Trade Dress Infringement)

Retek v. George Hunter Harris, (United States District Court, District of Minnesota -- Trade Secrets and Non-Compete)

Union Avenue Pharmacy et al. v. Express Scripts, Inc., (New Jersey State Court, Somerset County -- Breach of Contract, Class Action)

Robert Witt et al. v. U.S. Healthcare, Inc. and Express Scripts, Inc., (United States District Court, District of Maine -- Unfair Deceptive Trade Practices, Class Action)

DaimlerChrysler AG and Mercedes-Benz, USA v. MBZ Communications et al., (United States District Court, District of Minnesota; Eighth Circuit Court of Appeals -- Trademark Infringement)

Firepond, Inc. v. David R. Lundberg and ChannelPoint, Inc., (United States District Court, District of Minnesota -- Trade Secrets and Non-Compete)

Windy City Wire, Inc. v. Rizzo Development Corporation, (United States District Court, Western District of Pennsylvania -- Trademark Infringement)

Minnesota Mining and Manufacturing Company v. Valleylab, Inc., (United States District Court, District of Minnesota -- False Advertising)

Susan M. Maxwell v. J. Baker, Inc., (United States District Court, District of Minnesota -- Patent Infringement Damages)

United States Drug Testing Laboratories, Inc. v. Editek, Inc., (United States District Court, Northern District of Illinois -- Patent Infringement)

Minnesota Mining and Manufacturing Company v. Louis M. Gerson Company, (United States District Court, District of Minnesota -- Trade Dress Infringement)

Dynamic Air, Inc. v. Flexicon Corporation, (Minnesota States District Court, Ramsey County -- False Advertising)

Transaction Technology, Inc. v. Citibank F.S.B. v. Online Resources and Communications, Inc., (United States District Court, Eastern District of Virginia -- Patent Infringement)

Shelby Elastics, Inc. v. Medical Textiles, Inc. et al., (United States District Court, Western District of North Carolina -- Patent Infringement)

Judicial Clerkship

Judicial clerk, The Honorable Gerald W. Heaney, U.S. Court of Appeals, Eighth Circuit, 1974-1976


MEDIA CENTER

All Media
Events
3/4/16
IP Institute 2016 Summer Program
Intellectual Property Institute 2016 Summer Program The St. Regis Deer Valley Resort Park City, Utah June 23-24, 2016View programBook a roomIP Institute websiteIf you'd like to learn more, please contact Allen Hinderaker, 2016 president of the IP Institute ...
Press Releases
8/17/15
Merchant & Gould Attorneys Included in The Best Lawyers in America© 2016
Merchant & Gould announces today that thirteen attorneys have been included in The Best Lawyers in America© 2016. Best Lawyers compiles lists of outstanding attorneys by conducting peer-review surveys in which lawyers confidentially evaluate their ...
Events
8/10/15
Hughey and Hinderaker on IP Litigation Panel
Merchant & Gould attorneys Rachel Hughey and Allen Hinderaker will be panelists in an IP litigation roundtable discussion coinciding with a visit by a Pakistani judicial delegation. The roundtable will be moderated by Judge Joan Ericksen.Pakistan--U.S. ...
Press Releases
6/30/15
Merchant & Gould, Allen Hinderaker Join International Referral
Merchant & Gould Joins International Referral Merchant & Gould is pleased to announce its membership in International Referral (IR), an organizational network of advisory firms. IR acts as a professional partner for anyone looking for a reliable ...
Articles
6/23/15
Demonstrative Evidence Under the Rules: The Admissable and Inadmissable
By Allen Hinderaker & Ian McFarland Introduction Demonstrative evidence is a singularly important tool to persuasion.  Visual communication is more effective than verbal, as measured by the fact we remember significantly more of what we see as ...
Press Releases
5/18/15
Intellectual Property Institute Celebrates First Anniversary, Allen Hinderaker a Founding Member
With more than 30 members from 15 states and Canada, May 2015 marks the first anniversary of the Intellectual Property Institute of the Litigation Counsel of America, an honorary society of trial lawyers.The main goal of the Intellectual Property Institute ...
Press Releases
8/22/11
16 Merchant & Gould Attorneys Named 2011 Super Lawyers
Firm Also Recognizes Nine Rising Stars Merchant & Gould, an intellectual property law firm, today announced that 16 of the firm's attorneys are named Super Lawyers in 2011. The attorneys are recognized for excellence in intellectual property law and ...
White Papers
4/1/11
Expert Testimony: Holy Water or Vinegar?
Factual testimony that masquerades as expert opinion is inadmissible expert testimony. Expert opinion that lacks a reliable basis in fact is also inadmissible. This paper addresses two pitfalls to the admission of expert testimony that may be avoided by clearly ...
White Papers
3/1/11
Dilution: The Ninth Circuit Joins The Second Circuit: Substantial Similarity Is Not A Prerequisite To Claim Dilution By Blurring
On February 8, 2011, the Ninth Circuit Court of Appeals ruled that the identical or nearly identical standard for similarity in a dilution by blurring claim did not survive the Trademark Dilution Revision Act of 2006 (“TDRA”). Levi Strauss ...
Press Releases
7/26/10
26 Merchant & Gould Attorneys Named 2010 Super Lawyers
Merchant & Gould, an intellectual property law firm, today announced that 26 of the firm's attorneys are named Super Lawyers in 2010. The attorneys are recognized for excellence in intellectual property law and IP litigation. Each year, no more than ...