Lee F. Johnston

License and Patent Infringement

• Obtained a permanent injunction on behalf of a U.S.-based consumer products manufacturer against foreign competitor in a multi-patent case involving fluid dynamics technology.
• Obtained dismissal of all claims against an international, Fortune 100 telecommunications company in a dispute over IP rights to cellular broadcast platform.
• Obtained a walk-away dismissals of patent cases involving modem and encryption technologies.
• Successfully defended an international telecommunication device manufacturer in patent case involving VoIP technology.
• Obtained multi-million dollar settlement on behalf of SaaS telecommunications support company against its primary competitor in case involving patented workforce management technology.
• Successfully defended performance mountain bike manufacturer against its main competitor in patent case involving bicycle suspension technology.
• Successfully defended client against patent infringement claims involving fitness equipment technology.
• Represented a developer and manufacturer of patented desiccant de-humidification systems in license dispute before the American Arbitration Association.
• Defended a public university and professor in a patent infringement case involving immunoassay techniques and technology.
• Represented a publicly-traded medical device manufacturer in a patent infringement case involving image-guided surgical technology.
• Represented a publicly-traded medical device manufacturer in a series of patent infringement cases involving photo-ablative lasers and related components which are used in heart surgery.
• Successfully defeated a request for preliminary injunction sought by a licensee of technology relating to network video and motion detection in security applications.Trade Secret and Unfair Competition Litigation.
• Successfully represented SaaS telecommunications support company in trade secrets case against competitor relating to client’s APIs for its workforce management technology.
• Won a multi-million dollar verdict and permanent injunction for B-to-B logistics company after two week federal jury trial on trade secret and Computer Fraud and Abuse Act claims; case affirmed in all respects by Ninth Circuit.
• Obtained permanent injunction and consent judgment on behalf of consumer products company prohibiting former employee’s use or disclosure of client’s trade secret dental cleaning technology.
• Obtained monetary settlement and injunctive relief for a software developer in the telecommunications and cable industry against former employees for misappropriation of trade secrets and violations of the Computer Fraud and Abuse Act.
• Successfully defended a semiconductor manufacturer in trade secrets/employee poaching case brought by its primary competitor.
• Successfully defended an Internet and print-based publisher of energy-related information and technology in a product disparagement and unfair competition case.
• Successfully defeated a competitor's request for a preliminary injunction against a Fortune 100 insurance brokerage client based on alleged theft of trade secrets.

Copyright/Trademark Infringement

• Represented high performance mountain bicycle company in a series of TTAB opposition proceedings and later assisted in negotiations of trademark license.
• Won summary judgment dismissal of trademark and trade dress infringement case based on no likelihood of confusion; case affirmed in all respects at Tenth Circuit.
• Obtained permanent injunction and monetary damages on behalf of a Fortune 500 company in federal district court trademark/counterfeiting case involving illegal importation and distribution of olive oil.
• Represented ringtone aggregator in trademark litigation against industry competitor.
• Obtained favorable settlement for an international medical device manufacturer in a trade secret and copyright infringement matter brought against a former employee and his new employer.
• Prosecuted claims on behalf of a manufacturing client against a former employee for theft of trade secrets and copyright infringement of technical machine drawings and specifications.

Computer Software and Hardware

• Obtained favorable monetary settlement for life insurance company in lawsuit against software developer.
• Obtained a complete dismissal of a purported class action brought by consumers against a Fortune 100 computer hardware manufacturer arising out of allegedly defective disk drives.
• Obtained a favorable settlement for a publicly-traded telecommunications client in a software performance case against a worldwide software developer.

• “Cybersecurity in the COVID-19 Era,” moderator, Colorado American Intellectual Property Inn of Court’s Meeting, October 15, 2020.
• “FTC Enforcement and False Advertising Law Updates,” faculty presenter, Colorado Bar Association’s 18th Annual Rocky Mountain Intellectual Property & Technology Institute, July 16, 23, 30 and August 6, 2020.
• “Claim Drafting in Light of Recent Developments at the PTAB,” speaker, 13th Annual Colorado Bar Association Rocky Mountain Intellectual Property & Technology Institute, May 29, 2015.
• “Securing Injunctive Relief in Trademark Cases,” speaker, 12th Annual Colorado Bar Association Rocky Mountain Intellectual Property & Technology Institute, May 29, 2014.
• “The Intersection of Trade Dress and Design Patents,” speaker, 11th Annual Colorado Bar Association Rocky Mountain Intellectual Property & Technology Institute, May 30, 2013.
• “Patent Infringement Damages,” speaker, 10th Annual Colorado Bar Association Rocky Mountain Intellectual Property & Technology Institute, May 31, 2012.
• "Indemnification Clauses in Licenses," speaker, 9th Annual Colorado Bar Association Rocky Mountain Intellectual Property & Technology Institute, June 2, 2011.
• "How Reexamination Can Change Your IP Strategy: Differences Between Inter Partes and Ex Parte Reexamination," speaker, 8th Annual Colorado Bar Association Rocky Mountain Intellectual Property & Technology Institute, June 4, 2010.
• “Markman, Summary Judgment and Other Pivotal Issues in Patent Litigation," speaker, Colorado Bar Association, September 24, 2009.
• "Patent Law Update," speaker, National Business Institute, November 13, 2008.
• "Computer Software Experts," speaker, Colorado Bar Association IP & Technology Institute, June 2, 2006.
• "Powerful Evidence in Civil Litigation," speaker, National Business Institute, February 13, 2004.
• "Complex Civil Litigation," speaker, National Business Institute, December 4, 2003.