Aaron W. Davis

Partner - Litigation


Patent Lawyers

Aaron Davis is a key member of Patterson Thuente’s litigation team and also leads the firm’s arts and entertainment practice.  Aaron’s practice focuses primarily on litigation of intellectual property disputes. He has assisted clients with disputes regarding patents, copyrights, trademarks, entertainment contracts, rights of publicity, trade secrets, trade dress and other business torts.

 Representative Litigation

  • Represented Cardiac Science Corporation in a three-week jury trial involving the company’s wearable defibrillator technology. On May 22, 2015, a 12-person jury in Los Angeles Superior Court unanimously decided in favor of Cardiac Science’s breach of contract claims against ZOLL Medical and ZOLL LifeCor Corporations, awarding Cardiac Science $22,991,985 in unpaid royalties.
  • Represented defendant medical device company against a former consultant’s multimillion-dollar breach of contract and related tort claims. Prevailed on two motions to dismiss early in the case, which lead to a very favorable settlement for the defendant with minimal further litigation.
  • Represented the plaintiff for a product-configuration trade dress infringement claim. First-chaired the bench trial in the Western District of Texas. Halfway through the trial, the defendants conceded trade dress infringement and consented to a permanent injunction against the infringing products.
  • Represented the plaintiff, one of the world’s largest furniture manufacturers, in a lawsuit involving three of its design patents on the ornamental design of bedroom furniture. On the eve of trial, the case settled after the competitor defendant agreed to pay over $2 million, which equated to more than the gross revenues of the accused products, and to discontinue the accused furniture line.
  • Represented a defendant manufacturer against claims of patent infringement. Plaintiff agreed to dismiss the case with no payment of money by defendant after numerous instances of inequitable conduct by plaintiff were uncovered and added to the case as counterclaims.
  • Bruckelmyer v. Ground Heaters, Inc., 445 F.3d 1374 (Fed. Cir. 2006)(affirming summary judgment of the invalidity of two patents based on an application for an issued Canadian patent being a printed publication under 35 U.S.C. § 102(b)).

 Arts & Entertainment Experience

Prior to and during law school, Aaron was a music promoter, representing more than a dozen record companies including many independent labels. He remains active in the local urban music scene and maintains regional and national contacts in the music industry. He continues to assist select artists with transactional issues, such as negotiation of licensing, distribution, recording, and management deals. His clients include record labels, artists, and entertainment companies throughout the United States, as well as businesses of all types and sizes that desire protection for their business relationships and intellectual property assets.

Publications

Motion to Dismiss: An Effective Weapon Against Flawed Design Patent Infringement Claims, Ideas on Intellectual Property Law, October/November 2012
Keeping IP Enforcement in Line, Minnesota Business Magazine online, June 2009

 Accolades

National Law Journal Top 100 Verdicts of 2015
Minnesota Rising Stars 2006-2007, 2009 – 2013
“Up and Coming Attorney,” Minnesota Lawyer, 2007

 Other

Frequent speaker on entertainment litigation issues
Former treasurer of the Minnesota Music Academy

Education

Minnesota State University Moorhead, B.A., Philosophy, 1997
William Mitchell College of Law, J.D., 2001

Admissions

Supreme Court of Minnesota
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the 8th Circuit
U.S. Court of Appeals for the 7th Circuit
U.S. Court of Appeals for the 5th Circuit
U.S. District Court, District of Minnesota
U.S. District Court, Western District of Wisconsin
U.S. District Court, District of Colorado
(Also has been admitted Pro Hac Vice in various U.S. District Courts including District of Massachusetts, District of Utah, Southern District of Indiana, Northern District of Illinois, Northern District of Ohio, Western District of Washington, District of South Dakota, Western District of Texas, Southern District of Texas, Northern District of Texas and Eastern District of Pennsylvania)

Memberships

Minneapolis Rotary Club 9
Minnesota State Bar Association, Arts & Entertainment Section – former chair
Minnesota Intellectual Property Law Association
American Intellectual Property Law Association

Publications

Motion to Dismiss: An Effective Weapon Against Flawed Design Patent Infringement Claims, Ideas on Intellectual Property Law, October/November 2012
Keeping IP Enforcement in Line, Minnesota Business Magazine online, June 2009
Aaron Davis Patterson Thuente IP Patent and Trademark Litigation

Aaron W. Davis

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612.349.5754 davis@ptslaw.com