Anthony R. Zeuli

Partner
Minneapolis
3200 IDS Center, 80 South Eighth Street
Minneapolis, MN 55402
D: 612.371.5208
Contact My Assistant
Carol Hough
D: 612.371.5257

Education

DePaul University College of Law
J.D., with honors, 1995
Order of the Coif

Hamline University
B.A. Physics, cum laude, 1990

Bar and Court Admissions

U.S. Patent and Trademark Office, 1999
Colorado Federal Bar, 1999
Minnesota Federal Bar, 1997
Minnesota State Bar, 1997
Illinois State Bar, 1996
Illinois Federal Bar (N. Dist.), 1996
U.S. Court of Appeals for the Federal Circuit

Professional Affiliations

American Intellectual Property Law Association
Minnesota Intellectual Property Law Association
American Bar Association
Minnesota State Bar Association
Hennepin County Bar Association
National Institute of Trial Advocacy (NITA)
    Faculty Member
The Honorable Jimmie V. Reyna Intellectual Property American Inn of Court
    Master and Founding Member

Awards & Recognition

Named the Best Lawyers® 2017 Patent Law "Lawyer of the Year" in Minneapolis
Included in The Best Lawyers in America© in the fields of Copyright Law, Litigation - Intellectual Property, Litigation - Patent, Patent Law, and Trademark Law, 2007-2017
Named a Best Lawyer 2017 by Minnesota Monthly
IAM Patent 1000 – The World’s Leading Patent Practitioners, Minnesota - Litigation, 2013-2017
Selected for inclusion in Minnesota Super Lawyers, 2004-2017
Selected for inclusion in Top 100 Super Lawyers in Minnesota, 2008-present
Named the Best Lawyers 2013 Copyright Law "Lawyer of the Year" in Minneapolis

Publications & Speaking

Speaker/Moderator on Managing Your IP Portfolio: Recent Trends in IP Law, HNBA Mid-Year Convention, March 14, 2013

Business Unusual: What’s Needed to Own a Business Method?, Bench & Bar of Minnesota, November 2, 2009

Notes and Trends, Bench & Bar of Minnesota - Monthly

TRIAL LAWYER'S NOTEBOOK, Intellectual Property Today - Monthly

Intellectual Property Protection: How to Get Started, co-authored, UCBC News, October 2006

Avoiding Patent Claim Construction Errors, The Federal Lawyer, Volume 51, Number Five - June 2004

As a trial lawyer and current member of the Executive Committee, Tony has considerable experience representing clients both in the courtroom and in all aspects of litigation leading up to trial. He is budget- and expectations-oriented, giving his clients weekly updates on their cases so they understand what has happened and what’s coming up. 

Tony specializes in Intellectual Property litigation, including patent, trademark, and copyright litigation. He has considerable experience before the Court of Appeals for the Federal Circuit, and has handled patent and copyright litigation in China for multiple clients. He has developed a special experience in patent claim construction and in right of publicity/First Amendment cases.

Tony writes regular columns on IP law for Bench & Bar, as well as periodic articles for The Federal Lawyer, and gives talks on numerous IP issues.

Prior to joining Merchant & Gould, Tony was a physics engineer at Argonne National Laboratory, where he was involved in numerous engineering projects associated with the study of nuclear physics. This industry experience has given him a practical exposure to technology that helps him in the practice of law, as well as an ability to relate well to his engineer and scientist clients. 

At Merchant & Gould, Tony serves on the benefits committee. He does pro bono representation on behalf of women who are not receiving the alimony or child support awarded to them by the courts. 

Tony spends most of his off hours with his family, traveling, playing golf, and skiing. 

Representative Cases

In 2013, Toro sued The Décor Group for infringement of several patents on landscape lighting. The Décor Group had been a former distributor of Toro lighting products that stopped purchasing from Toro and began importing and selling knock-offs from China. The settlement included a payment of Toro’s lost profits for all past sales and a consent judgment that includes an injunction and admission of validity.

In 2012, Tony and a small team of M&G lawyers won summary judgment for their client on all claims by Michael Jordan, including right of publicity violations and trademark infringement.  The district court agreed that M&G's client had engaged in speech protected by the First Amendment and dismissed all of Jordan's claims.

In 2011, Tony and a small team from M&G successfully resolved a multi-patent, multi-trademark lawsuit in M&G's client's favor.  The client was the patent/trademark owner and asserted three of its patents and several trademarks against a competitor.  The settlement included a consent judgment.

Also in 2011, Tony successfully argued a claim construction for a M&G client accused of infringing 135 claims in five patents.  Tony focused on a single claim limitation found in all 5 patents and demonstrated that the patent owner had disclaimed subject matter applicable to all asserted claims.

In 2010, Tony and a team of M&G lawyers and paralegals successfully resolved a multi-patent, multi-court litigation for an industry-leading manufacturing client. The M&G team utilized reexamination of the adverse party's patents and as well as their client's patents to obtain a stay of the litigation and strengthen their client's position. The Patent Office later confirmed the patentability of M&G's client's patents, while rejecting the patentability of the competitor's patents. The case resolved favorably for M&G's client after the Patent Office decisions.

Also in 2010, Tony represented an industry-leading electronics retailer in a trademark litigation against an online infringer. Tony was able to obtain a judgment for his client that not only transferred the defendant's domain name to Tony's client but also all of the defendant's phone numbers that had ever been associated with the infringing mark.

In 2009, Tony and small team of M&G lawyers represented another game manufacturer in a trademark dispute with a former distributor who was counterfeiting. Tony was able to convince the court to grant his client a temporary restraining order and preliminary injunction to stop the infringing sales. The win was especially gratifying given that another court had earlier questioned the validity of the client's mark in a separate proceeding handled by a different law firm.

In 2008, Tony was lead trial counsel on a patent infringement lawsuit against the world's largest game manufacturer. After a six-day trial, the jury returned a verdict and substantial monetary award in Tony's client's favor. Several years before a jury heard this case, Tony successfully argued an appeal to the Court of Appeals for the Federal Circuit to have reversed an incorrect ruling by the district court that had ended the case.

Tony has been lead counsel on a number of patent infringement lawsuits for a large manufacturer of turf equipment. One case was successfully tried to an arbitration panel resulting in an invalidity decision in Tony's client's favor. Another recent case involved a full-day Markman hearing - the result of which was that 8 of the 9 claim terms were construed in Tony's client's favor. Another full-day Markman hearing in 2008 with difficult issues resulted in a significant ruling in Tony's client's favor.

In 2007, Tony was hired as co-lead counsel to replace a prominent Washington D.C. law firm on an inventorship dispute case against the world's largest DNA sequencing company. After taking several key depositions, and during the deposition of one of the defendant's founders, the case settled favorably for Tony's client.

Also in 2007, Tony was hired as co-lead counsel to replace another law firm on a trademark infringement lawsuit against a prominent national retailer and a large international clothing manufacturer. Tony and his co-counsel were able to quickly put together a strong and credible position from which a very favorable settlement was quickly reached.

Tony has been lead counsel on several patent infringement lawsuits for a major automotive parts manufacturer. All of the lawsuits (more than 6) have resulted in favorable outcomes for Tony's client.

Tony has also been lead counsel for glass manufacturer from the Czech Republic. A recent case for this client resulted in a significant award of damages, enhanced damages and attorney's fees.

In 2006, Tony was co-counsel for a satellite manufacturer accused of patent infringement. After a five-day jury trial in Minneapolis, the patent was held invalid and the plaintiff recovered nothing.

Tony represented three companies of the hundreds sued by the Lemelson Foundation for patent infringement concerning barcode scanners. When the claims were eventually dismissed against all three of Tony's clients, he was the only lawyer who brought a motion seeking the recovery of attorney's fees for his clients.

Tony has successfully represented an international importer of crematory urns in several copyright infringement lawsuits. The most recent lawsuit resulted in a favorable stipulated judgment.

Tony and others at Merchant & Gould successfully represented an international telecommunications company in patent infringement litigation in China. It was one of the first patent infringement lawsuits brought by a U.S. company against a Chinese company under China's recently enacted patent reform laws.

Tony and others at Merchant & Gould successfully tried a copyright infringement case to a jury in Minneapolis. The case involved two toy manufacturers at odds over a then-popular toy doll line.

Quoted

Vonage Fate Highlights Need for Strong IP Portfolio by Christine Caulfield, IP Law360, June 1,2007


MEDIA CENTER

All Media
Press Releases
6/6/17
Merchant & Gould Listed in IAM Patent 1000
Three Merchant & Gould offices and fourteen individuals were recognized in the IAM Patent 1000 list of “the world’s leading patent professionals” for 2017.In its rankings of firms and individuals, IAM Patent 1000 includes Merchant & ...
Press Releases
10/17/16
Merchant & Gould Ranked in IAM Patent 1000
Merchant & Gould's patent practice has been recognized in this year's edition of IAM Patent 1000, a publication by Intellectual Asset Management that lists the world’s leading patent professionals. In its 2016 rankings of firms and individuals, ...
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 ...
Press Releases
6/19/15
Merchant & Gould Presents at the HNBA/Microsoft Intellectual Property Law Institute
Merchant & Gould attorneys Tim Scull and Tony Zeuli attended as Fellows at the Hispanic National Bar Association/Microsoft Intellectual Property Law Institute (IPLI) in Washington, D.C. in early June.    IPLI is a summer immersion program that ...
Press Releases
10/1/12
Twelve Merchant & Gould Attorneys Named 2013 Best Lawyers in America
Merchant & Gould, an intellectual property law firm, today announced that 12 of the firm’s attorneys are named by their peers in The Best Lawyers in America 2013® (Copyright 2012 by Woodward/White, Inc., of Aiken, SC). Merchant & Gould ...
Articles
4/11/12
Ecolab Files Suit Over Conveyor Lubricant Patents
Articles
4/6/12
Supervalu beats Michael Jordan over ad
Click here to read article published by the Minneapolis St. Paul Business Journal discussing the Michael Jordan v. Supervalu case and the Judge's final decision
Articles
3/21/12
Michael Jordan Says Grocer's Promo Isn't Protected Speech
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 ...
Press Releases
8/10/10
Eight Merchant & Gould Attorneys Named 2011 Best Lawyers in America®
Merchant & Gould, an intellectual property law firm, today announced that eight of the firm's attorneys are named by their peers in The Best Lawyers in America 2011®. The attorneys, who represent three regional offices, are recognized for intellectual ...
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 ...
Articles
11/2/09
Business Unusual: What’s Needed to Own a Business Method?
Click here to read article co-authored by Tony Zeuli
Press Releases
9/17/09
Merchant & Gould Wins Litigation Victory On Behalf of Inventor Over Toy Giant Hasbro, Inc.
Court of Appeals for the Federal Circuit Upholds Lower Court's Findings in Favor of Small Entrepreneur Merchant & Gould, an intellectual property law firm, today announced that it has won a litigation victory on behalf of its client, inventor ...
Articles
10/1/07
MN Bench and Bar - October 2007
Articles
9/3/07
MN Bench and Bar - September 2007
White Papers
7/2/07
Federal Circuit Further Restricts Doctrine Of Equivalents: Foreseeability Bar Requires Evaluation Of Equivalents At Time Of Amendment
A patentee cannot assert equivalence under an amended claim if the equivalent was foreseeable at the time of amendment. An equivalent was foreseeable if it was a suitable alternative to the original claim, even if it was not known to be an alternative ...
Press Releases
9/1/06
Six Merchant & Gould Attorneys Named 2007 Best Lawyers in America® by Woodward/White, Inc.
Merchant & Gould, an intellectual property law firm, announced that six of the firm's attorneys are included as part of The Best Lawyers in America by Woodward/White, Inc., a professional research company.The attorneys selected from Merchant ...
Press Releases
8/1/06
Twelve Merchant & Gould Attorneys Named 2006 Super Lawyers by Minnesota Law & Politics magazine
Merchant & Gould, an intellectual property and litigation law firm, announced that twelve of the firm's attorneys were recognized as Super Lawyers in the August/September issue of Minnesota Law & Politics magazine.The Super Lawyers selected ...
Articles
7/3/06
MN Bench and Bar - July 2006
Articles
6/1/06
'eBay v. MercExchange'
Articles
4/3/06
MN Bench and Bar - April 2006
Articles
3/26/06
IP lessons from BlackBerry
Click here to read article by Tony Zeuli in Minneapolis St. Paul Business Journal
Articles
2/1/06
MN Bench and Bar - February 2006
Articles
12/1/05
MN Bench and Bar - December 2005
Articles
11/1/05
MN Bench and Bar - November 2005
Articles
10/3/05
MN Bench and Bar - October 2005
Articles
7/1/04
Perspectives on the Law: Intellectual Property - July 2004
Articles
6/1/04
Avoiding Patent Claim Construction Errors: Determining the Ordinary and Customary Meaning Before Reading the Written Description
Articles
6/1/04
Perspectives on the Law: Intellectual Property - June 2004
Articles
4/1/04
Perspectives on the Law: Intellectual Property - April 2004