Firm / Organisation

Workman Nydegger

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Managing Partner: Thomas R. Vuksinick
Number of partners: 30
Number of lawyers: 47
Languages: Czech, French, German, Hebrew, Italian, Japanese, Korean, Mandarin Chinese, Mongolian, Portuguese, Slovak, Spanish, Swedish, Taglog

Firm Overview:
Founded 35 years ago, Workman Nydegger specializes in intellectual property law providing litigation, prosecution, licensing, counselling and related services. The firm’s areas of practice include: patent, trademark, copyright, trade secret and unfair competition. The technologies in which the firm has expertise include: computer systems, software, e-commerce and information technology; electronics and electrical engineering; pharmaceutical, nutraceutical, chemical, biotechnology, and medical and life science technologies; physics and optics; and mechanics and mechanical engineering.

Main Areas of Practice:
US & International IP Prosecution:

WN represents US and foreign clients in all aspects of US and foreign patent and trademark prosecution. The firm works closely with inventors, corporations, and domestic and foreign counsel on application preparation, domestic and international filing strategies, and examination in both the US and abroad. WN also has an extensive prosecution practice in a variety of IP transactional matters, including preparation of opinions, licensing, strategic IP portfolio management, and conducting due diligence for IP portfolios. The firm also has excellent working and reciprocal relationships with other IP firms all around the world, both in terms of coordinating patent and trademark prosecution and related enforcement proceedings in other countries for its US based clients and in handling US patent and trademark prosecution on behalf of other IP firms and their clients located outside of the US. WN also represents various public and private universities, assisting their technology transfer offices with IP prosecution and licensing in relation to university developed technology. Key Clients: Microsoft, Abbott, Seiko Epson, Merit Medical, Orbit Irrigation Products, Thermo-Fisher, 3Form, Wavetronix, Ossur, DIRTT Environmental Solutions
Contact (Patents & Trademarks): John C. Stringham
Email: [email protected]

IP Litigation/Enforcement:
WN’s litigation team has enforced patents and trademarks through the United States and has coordinated enforcement efforts in the EU and Asia in a wide variety of technologies, including medical device technology, radar-based traffic management systems, polysomnography, exercise equipment, e-commerce, dental compositions and appliances, thin film optics, wastewater treatment facilities, consumer electronics, and irrigation systems.
Major wins include:
■ Permanent injunction, wilfulness finding and damages award in polysomnography litigation
■ Preliminary and permanent injunction in radar-based traffic systems dispute
■ Preliminary and permanent injunction in consumer electronics dispute
■ Successful prosecution of patent infringement and e-commerce claims against ready-to-assemble furniture defendant
■ Successful defense of attack on multi-mark trademark portfolio
■ Successful defense of patent infringement claims on medical device patents
■ Successful defense of client in e-commerce litigation filed by largest e-commerce platform in the US
Key Clients: Merit Medical Systems, Inc., Wavetronix, LLC, Nox Medical EHF, Orbit Irrigation Products, Inc., The LoveSac Company, ICON Health & Fitness, Inc.
Contact: Brent P. Lorimer
Email: [email protected]

Complex Commercial Litigation:
The same skills WN litigators bring to bear in IP litigation generate favorable client results in complex commercial litigation.
Recent experience includes:
■ Successful resolution of multi-forum, bet-the-company litigation involving tax, securities, bankruptcy and commercial paper issues
■ Successful prosecution of claim for transfer of intellectual property arising out of development agreement related to medical stent technology
■ Successful defense of trade dress and trademark infringement actions, including defeat of multiple claims for preliminary injunctive relief
■ Successful prosecution of claims for unfair competition in e-commerce arena
Key Clients: Merit Medical Systems, Inc., Wavetronix, LLC, Walker Edison Furniture Company, LLC, TETON Sports, SAL Management Group.
Contact: Brent P. Lorimer
Email: [email protected]

Appeals:
WN’s appellate practice group has successfully handled matters before the United States Courts of Appeals, and in particular before the US Court of Appeals for the Federal Circuit. WN’s lawyers include a number of former law clerks and interns at the Federal Circuit. The firm’s lawyers have been selected to author amicus briefs on behalf of institutions like the AIPLA in cases before the US Supreme Court (Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, 2005) and the Federal Circuit (In re Beauregard, 1995; Phillips v. AWH Corp., 2004; In re Aqua Products, Inc., 2016).
Successful appellate results include:
■ Merit Healthcare Int’l, Inc. v. Merit Medical Systems, Inc., 721 Fed. Appx. 628 (9th Cir. 2018)
■ Dunning v. Nevada State Board of Physical Therapy Examiners, 2016 WL 3033742 (Nev. 2016)
■ Vita-Mix Corp. v. Basic Holding, Inc., 581 F.3d 1317 (Fed. Cir. 2009)
■ Nautilus Group, Inc. v. ICON Health & Fitness, Inc., 191 Fed. Appx. 960 (Fed. Cir. 2006)
■ Free Motion Fitness, Inc. v. Cybex Int’l, Inc., 423 F.3d 1343 (Fed. Cir. 2005)
■ Lifetime Products, Inc. v. GSC Technology Corp., 97 Fed. Appx. 327 (Fed. Cir. 2004)
■ International Nutrition Co. v. Horphag Research Ltd., 257 F.3d 1324 (Fed. Cir. 2001)
■ Biotec Biologische v. Biocorp, Inc., 249 F.3d 1341 (Fed. Cir. 2001)
Contact: David R. Todd
Email: [email protected]

Mediation & Arbitration:
WN regularly participates in mediation and arbitration proceedings as an alternative to costly and time-consuming litigation. WN attorneys are qualified and serve as mediators in complex commercial and IP related disputes.
Contact: John C. Stringham
Email: [email protected]

Licensing & Transactional:
WN has extensive experience in assessing and advising clients on intellectual property issues surrounding mergers, acquisitions, joint ventures, partnerships, and licensing transactions. WN also specializes in client counselling matters such as non-infringement, invalidity and freedom to operate opinions, design-around strategies to avoid infringement and clearance searches.
Contact: Thomas R. Vuksinick
Email: [email protected]