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Our People: Richard C. Siefert

   Richard C. Siefert,  Attorney

206.342.6224  |  Email  |  vCard

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

ph: 206.342.6200
fax: 206.342.6201

Mr. Siefert's practice of over 35 years has been in a wide range of litigation. Over the last twelve years it has been almost exclusively intellectual property cases; in prior years, antitrust was a major emphasis. Most cases have been relatively complex matters, often with a single case requiring over a year of intense effort by a team of attorneys and support staff. Mr. Siefert has appeared in courts throughout the United States and has taken evidence abroad pursuant to treaties and protocols with foreign governments in Europe and Asia. Mr. Siefert takes an efficient approach to case management to produce a satisfactory economic result for the client at a suitable cost. His practice includes mediations and arbitrations as an advocate or a neutral.

Litigation Partner

Merchant & Gould, Seattle, 2005-present
Lane Powell, Seattle, 1978-2005

Clients Represented in Litigation, among others:

Microsoft Corp., ProClarity Corp.
Patent infringement litigation regarding reporting enhancement software used in connection with the SQL Server database platform. See Timeline, Inc. v. ProClarity Corp., 2007 U.S. Dist. LEXIS 70389 (W.D. Wash. 2007); Timeline, Inc. v. ProClarity Corp. and Microsoft Corp., 2007 U.S. Dist. LEXIS 38669 (W.D.. Wash. 2007); Timeline, Inc. v. ProClarity Corp. and Microsoft Corp., 2007 U.S. Dist. LEXIS 26857 (W.D.. Wash. 2007); Timeline, Inc. v. ProClarity Corp. and Microsoft Corp., 2007 U.S. Dist. LEXIS 7134 (W.D.. Wash. 2007).

Mitsui & Co., Ltd.
Landmark case on the extraterritorial reach of the U.S. antitrust laws in a criminal prosecution of the leading Japanese trading houses and fishing companies that shipped and imported to Japan processed seafood from Alaska. See U.S. v. C. Itoh & Co. et al ., 1982-83 Trade Cas. (CCH) ¶ 165,0110 (W.D. Wash 1982).

Mitsui & Co., Ltd.
Enforcement investigation by the U.S. Department of Justice, conducted in Japan, of alleged violations of C. Itoh consent decree.

Mitsui & Co., Ltd.
Antitrust class action brought by Alaskan salmon fishers claiming $1 billion in damages against seafood processors, Japanese importers and fishing companies.

Shigeru Hinoki, of Honshu Paper Co., Ltd. (now New Oji Paper Co., Ltd.)
Representation of key witness in criminal trial of Japanese fax paper manufacturers charged with cartel activity in Japan with regard to the pricing of fax paper for export to the United States. A landmark case testing the extraterritorial reach of a criminal prosecution of foreign nationals under the U.S. antitrust laws for conduct taking place exclusively on foreign soil. In an unprecedented proceeding, Mr. Hinoki testified by live satellite teleconference from the U. S. Embassy in Tokyo to the trial taking place in Federal District Court in Boston. See United States v. Nipon Paper Indus. Co., 17 F. Supp. 2d 38; 49 Fed. R. Evid. Serv. (Callaghan) 1604 (D. Mass. 1998); 944 F. Supp. 55 (D. Mass. 1996); rev'd United States v. Nippon Paper Indus. Co., 109 F.3d 1 (1st Cir.1997); cert. denied 522 U.S. 1044 (1998); rehearing denied, 522 U.S. 1143 (1998); 17 F. Supp. 2d 173 (D. Mass. 1999); 62 F. Supp. 2d 173 (D. Mass. 1999); 944 F. Supp. 55 (D. Mass. 1996).

Lloyd's of London
Defense of multi-million dollar securities fraud claims against public treasurer arising out of the default of prominent national securities broker brought by taxing authorities in Washington. See Washington Hospital Liability Insurance Fund v. Public Hospital District No 1 et al, 58 Wn App. 896; 795 P.2d 717 (1990); In re ESM Government Securities, Inc., Bank. L. Rep (CCH) ¶ 70,603 (related case).

Lloyd's of London
Defense of multi-million dollar claims for business interruption and lost profits due to faulty design of large-scale industrial refrigeration equipment brought by a potato processor against a refrigeration contractor. See U & I Group, Inc. v. Cloudy & Britton, Inc., 1989 WL 81605 (D. Ore. 1989).

Corbis Corp.
Preparation of damages case in copyright litigation under the Digital Millenium Copyright Act regarding the posting of copies of celebrity photographs on Internet website. See Corbis v. Amazon.com, Inc., 351 F. Supp. 2d 1090; 77 U.S.P.Q 1182 (W.D. Wash 2004).

Life Fitness, Inc.
Design and utility patent infringement claims regarding exercise treadmills; unfair competition and patent mismarking claims regarding the public promotion of patented features.

ImageX, Inc.
Patent infringement claims regarding pre-flighting software used in printing images transmitted across the Internet.

ImageX, Inc.
Defense of copyright claims regarding website design.

Tektronix, Inc.
Trademark infringement claims regarding the look and feel of hand-held electronic measurement devices. See Fluke Corp. v. Tektronix, Inc., 112 F.3d 516, 1997 WL 187376, Unpublished Disposition, C.A.9 (Wash.), April 15, 1997.

Nisus Corp.
Defense of antitrust counterclaims in patent infringement suit regarding a biodegradable pesticide.

Quinton Instrument., Inc.
Action for breach of distributorship contract for cardiology equipment and for misappropriation of trade secrets regarding development of software for cardiac measurement devices. 2-week trial.

Sundstrand Data Control, Inc.
Trade secret and antitrust claims brought by an inventor of an algorithm for use in an on-board flight performance computing system against the Boeing Company and one of its avionics vendors. 5-week trial.

Epson America, Inc.
Discriminatory pricing claims by a reseller of computer printers against manufacturer.

Preston Vineyards, Inc.
Trademark litigation against a winery from California with a similar label.

U.S. Computer Corp.
Copyright infringement/software piracy.

Pacific Western Extruded Plastics Co.
Antirust claims brought by a rival of the largest manufacturer of polyvinyl chloride pipe in the Western United States and its raw material supplier, The B. F. Goodrich Co., for price discrimination, predatory pricing and attempted monopolization. See Pacific Plastics, Inc. v. B.F. Goodrich Co. and Pacific Western Extruded Plastics Co., 935 F.2d 275 (9th Cir. 1991). 5-week trial.

GTE Corp.
Antitrust counsel before the Expert Panel of King County on Internet Service Providers.

Merck & Co., Inc.
Antitrust class action. Defense of antitrust claims.

Taylor Publishing Co.
Defense of antitrust/consumer protection prosecution.

Adience Equities, Inc.
Defense of antitrust and price discrimination claims.

The Estate Plan, Inc.
Defense of consumer protection prosecution regarding the marketing of living trusts.

Affiliated FM Insurance/Factory Mutual Engineering
Subrogation action against warehouse for loss of goods due to malfunction of sprinkler system in arson fire. See ITT-Rayonier et al. v. Puget Sound Freight Lines Co., 44 Wn. App. 368, 722 P.2d 1310 (Wash. App. 1986). 5-week trial.

Hillhaven Corp.
Defense of claims against a leading developer and operator of long-term care facilities for over $40 million in damages for breach of contract. 2-week trial.

Benchmaster Mfg. Co.
Breach of warranty claims regarding the design and manufacture of metal forming dies for industrial production. 4-week trial.

Geyser Peak Winery, Inc.
Dealer termination.

Holiday Inn Corp.
Trademark infringement and breach of franchise claims brought against a hotel operator.

Snelling & Snelling, Inc.
Breach of franchise and conversion claims brought against a renegade franchisee.

ComputerLand Corp.
Defense of anti-discrimination claims under the Franchise Investment Protection Act.

Mad River Fruit Co.
Lender liability claims against the Bank of California arising out of multi-million dollar default.

Alcatel, Inc.
Contract dispute with manufacturer of telecom equipment.

Abercrombie & Fitch, Inc.
Employee class action.

Douglas B. Brooks et al.
Shareholder derivative action.

Michael Field, MD
Action against Merrill Lynch to recover multi-million dollar loss from the purchase of ".com" securities.

Berge Andersen, MD
Securities fraud claim to recover multi-million dollar loss from the purchase of gold mining stocks.

TRW, Inc.
Defense of antitrust claims regarding computer disk-writing technology.

Trial Attorney

United States Department of Justice, Antitrust Division, Washington, D.C., 1972-77.

Trials, grand jury investigations and civil inquires, including:

U.S. v. Dairymen, Inc. Civil prosecution of one of the nation's largest agricultural cooperatives (a Fortune 500 non-industrial corporation) for attempting to monopolize milk production through predatory pricing, exclusive dealing practices with processors and haulers, and coercive membership enrollments. 10-week trial. See 1978-1 Trade Cas. (CCH) ¶ 62,053 (W.D. Ky. 1978); 1978-2 Trade Cas. (CCH) ¶ 62,186 (W.D. Ky. 1978); 1979-1 Trade Cas. (CCH) ¶ 62,494 (W.D.Ky. 1978); 1979-1 Trade Cas. (CCH) ¶ 62,493 (W.D. Ky. 1978); 1979-1 Trade Cas. (CCH) ¶ 62,495 (W.D. Ky. 1979); rev'd in part 660 F.2d 192 (6th Cir. 1981); aff'd 758 F.2d 654 (6th Cir. 1985). 10-week trial.

U.S. v. The Federal Co., 403 F. Supp. 161 (W.D. Tenn. 1975) Civil prosecution of the acquisition of a flour milling company by a Fortune-500 competitor. 1-week trial.

U.S. v. American Television and Communications Corp. and Cox Cable Communications, Inc., 1970-1979 Trade Reg. Rptr. 2298 (1972). Civil prosecution of the consolidation of leading national cable television firms.

Grand jury investigation of price-fixing by real estate brokers leading to the first felony conviction under the Sherman Act. See U.S. v. Jack P. Foley et al., 598 F.2d 1323 (4th Cir. 1979).

Special Assistant United States Attorney, Eastern District of Virginia, 1977

Numerous felony and misdemeanor trials.

Appeal of a District Court opinion upholding the lawfulness of the search of a murder suspect's residence and the seizure of inventories of the victim's body parts. The suspect represented himself in the oral argument before a mute and horrified three-judge panel, which upheld the search. See Kenneth B. Krohn v. United States, 742 F.2d 24 (1st Cir. 1984) (related case).

Publications and Presentations

"Issues Involving Intellectual Property," Washington Antitrust and Consumer Protection Handbook, Washington State Bar Association - 2008, 2002 Editions

"Fighting Counterfeiting and Piracy," IP Law360 - July 23, 2007

"A Practical Guide to Antitrust Issues in Intellectual Property Transactions," presented at the Annual Spring Meeting of the Intellectual Property Section of the American Bar Association - April 2006

"Restraints of Trade," Washington Antitrust and Consumer Protection Handbook, Washington State Bar Association - 2001

"The Interface of Antitrust and Intellectual Property Law," Intellectual Property Annual Update, Washington Bar Association - 2000

"Antitrust Law," Doing Business in Washington - A Guide to Foreign Business, Washington State Bar Association - 1989, 1992, 2003 Editions

"Restraints of Trade," Washington Consumer Protection, Antitrust and Unfair Business Practices Law Developments, Washington State Bar Association - 1986, 1988, 1991, 1993 Editions

"Hot Topics in Antitrust and Intellectual Property Law," at the Annual Spring Meeting of the Intellectual Property Section of the American Bar Association - 2006

"Litigating Intellectual Property Disputes in the United States District Court for the Western District of Washington," at the Annual Intellectual Property Institute of the Intellectual Property Section of the Washington State Bar Association - 2006

Professional Listings

Chambers USA: America's Leading Lawyers for Business, Recommended in Intellectual Property, Litigation

Washington Law and Politics , "SuperLawyers"

ADR Roundtable

Bar Admissions

Illinois Bar, 1972
Washington Bar, 1978

Education

DePauw University
B.A., 1968

Northwestern University School of Law
J.D., 1972