Ian R. Walsworth is a partner in the Denver office of Lewis Brisbois and a member of the Intellectual Property & Technology Practice. Ian is a patent attorney registered to practice before the United States Patent & Trademark Office, who has experience practicing in numerous Federal Courts and before the U.S. International Trade Commission and in USPTO proceedings.
Ian advises clients with respect to their intellectual property, and routinely engages in activities to enforce and defend patents, trademarks, copyrights and trade secrets through litigation and arbitration. Ian has successfully resolved IP disputes through mediation as well as by direct negotiation on behalf of his clients.
In addition to defending intellectual property rights, Ian has also prepared and prosecuted hundreds of domestic and foreign patents across several technology groups, including medical devices, consumer products, software and Saas.
Recent Achievements :
- As lead counsel, obtained a rare award of treble damages in connection with a previous finding of willful patent infringement of all three asserted patents, with the court ultimately entering a final amended judgment exceeding $5.2 million in damages and costs. Through post-trial motions, secured a permanent injunction prohibiting defendant from making, using, selling, offering to sell, or importing the accused products. After defendant failed to comply with the notice provisions of the injunction, successfully moved for and received an exceptional case order and an award of attorneys’ fees.
- Successfully instituted and quickly concluded an ITC investigation (Section 337) on behalf of a national plumbing equipment manufacturer, identifying six respondents accused of multiple acts of unfair importation. Obtained settlements with four respondents and a Consent Order prohibiting the remaining two respondents from importing, distributing and selling the accused products.
- Obtained an order disqualifying lead defense counsel from representing the principal defendant in a trade secret misappropriation case.
Education :
- University of Denver, Sturm College of Law, Juris Doctor, 2005
- University of Colorado, Bachelor of Science, Engineering, 1998
Admissions :
- State Bar Admissions, Colorado
- United States Courts of Appeals & Supreme Court,
- United States Court of Appeals for the Tenth Circuit
- United States Court of Appeals for the Federal Circuit
- State Supreme Courts, Colorado Supreme Court
- United States District Courts, United States District Court for the District of Colorado
Associations :
- American Intellectual Property Law Association
- American Bar Association, IP Section
- Colorado Bar Association, IP Section
Representative Cases :
- Otter Products, LLC v. Treefrog Development, Inc (D. Colo.) — Represented defendant in patent infringement action involving multiple patents. Accused products sold under popular LifeProof brand. Successfully resolved through private settlement.
- Thule Organization Solutions, Inc. v. Best Buy Stores, Inc. (D. Colo.) — Represented plaintiff in patent infringement action filed in District of Colorado. Successfully resolved through private settlement.
- SEK Corporation et al. v. Oldcastle Precast, Inc. (Southern District of Indiana) Defended against claims of patent infringement. Reached settlement after briefing on claim construction.
- StormTrap, LLC v. Oldcastle Precast, Inc. (District of New Jersey) Counsel for defendant in patent infringement action. Resolved through private settlement..
- Qualmark Corporation v. Data Physics Corporation (District of Colorado) Counsel for plaintiff in dispute over use of “LING” trademark. Successfully dismissed parallel action pending in Northern District of California. Reached private settlement in 2009.
Cost
Rate : $$$