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James W. Beard

he / him / his

Partner

JBeard@MerchantGould.com
D 303.357.1189

Assistant

Mari Muehl

MMuehl@MerchantGould.com
D 212.223.6527
James W. Beard photo

James Beard is an intellectual property attorney in Merchant’s Denver office. While his practice involves all facets of intellectual property law, James focuses on patent, trade secret, and trade dress litigation for clients from a diverse range of industries.

IP Litigation Attorney With Over 10 Years of Experience

James brings over ten years of litigation experience on complex matters to the table. His experience includes representing high-technology household names and Fortune 500 companies in a wide range of industries such as:

  • Computer hardware and software
  • Electronics
  • Consumer products and technology
  • Biotechnology
  • Medical devices

James Beard works in all stages of litigation, from general advice and counseling to complex discovery, trials, and appeals. His experience also includes motion practice, claim construction, and post-trial motion practice and appeal. In the past, he’s represented clients in district courts around the country, the International Trade Commission and the Federal Circuit Court of Appeals.

Dedicated to Creating Innovative Strategies for IP Cases

Intellectual property cases are complex and require a great depth of strategy to address each client’s overarching business goals. James prides himself on being able to find novel and innovative arguments based on complex fact patterns and aligning his clients’ business interests with their litigation needs.

Litigation Requires Curiosity

Litigation requires curiosity; attorneys must enjoy seeking new challenges, arguments, and ideas to best serve their clients. As an inquisitive litigator, James is passionate about new technology as well as discovering how innovative techniques and methods can benefit his clients.

In his spare time, James enjoys downhill skiing, road cycling, home brewing, and Texas-style barbecue.

Represented a distillery in a trademark opposition before the Trademark Trial and Appeal Board, including trial briefing and oral argument before the Board. The Board sustained the opposition in favor of the client, recognizing client’s rights in the mark.

Represented plaintiff and counter-defendant in litigation concerning trade secret misappropriation and multiple allegations of breach of contract. Litigated through discovery, securing an amicable...

  • University of California - Hastings College of the Law, J.D., 2009,

    Executive Editor, Hastings Communications & Entertainment Law Journal

  • University of California - Berkeley, B.S. Political Science; Religious Studies, 2006,

    Highest Honors in Religious Studies; Distinction in General Scholarship

  • Colorado State Bar
  • California State Bar
  • INSIGHT: How Covid-19 Changed the Future of Litigation, co-authored with Heather Kliebenstein, Bloomberg Law (May 7, 2020)
  • Best Practices for Managing Litigation During Pandemic, co-authored with Heather Kliebenstein, Law360 (April 23, 2020)
  • Annual Review of Intellectual Property Law Developments, Chapter Editor, American Bar Association, Intellectual Property Section (2011)
  • Patent Marking: True AND False, co-authored with Karen Boyd, 11th Annual Silicon Valley Advanced Patent Law Institute (2010)
  • Note: A Better Carrot: Incentivizing Patent Reexamination, Hastings Science & Technology Law Journal, Vol. 1, p. 169 (2009)
  • An Analysis of CIGS Solar Cell Technology, co-authored with Albert Halluin, Nanotechnology Law & Business, Vol. 6, p. 19 (2009)
  • The Limits of Licensing: Quanta v. LGE and the New Doctrine of Simultaneous Exhaustion, UCLA Journal of Law & Technology, No. 3 (2008)
  • Weeds in the Docket: Patent Continuation Reform and Its Effects on the Biotechnology Industry, Journal of the Patent & Trademark Office Society, Vol. 90, p. 423 (2008)