Gregory F. Wesner
Shareholder
wesnerg@lanepowell.com
206.223.7272
Areas of Practice
Greg Wesner focuses his practice on patent, trademark, and other intellectual property litigation
and related counseling. Greg’s patent litigation experience includes work with pharmaceuticals
and medical devices, laser telemetry, wireless infrastructure technology, high-speed scanning radio
technology, algorithms for video and image compression, as well as sports equipment and hand tool
designs. He also has substantial experience litigating trademark and Internet and technology law
cases. Greg was involved in the first lawsuit ever brought under the anti-circumvention provisions
of the Digital Millennium Copyright Act (DMCA), where his client defeated an effort to enjoin
distribution of its file conversion software. A registered patent attorney, he also counsels clients
in IP matters, including patent due diligence and freedom to operate, brand development and
enforcement, and trade secrets protection.
Professional Experience
Frommer Lawrence & Haug LLP, Partner
K&L Gates LLP, Partner
Christensen O’Connor Johnson Kindness PLLC, Partner
Crowell & Moring LLP, Associate
Admitted to Practice
Washington
District of Columbia
U.S. Patent and Trademark Office
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington
U.S. District Court, District of Colorado
U.S. District Court, Northern District of Illinois
U.S. Court of Appeals for the Federal Circuit
Ninth Circuit Court of Appeals
Academics
Vanderbilt University, (J.D., 1991)
University of Michigan, (B.A., Economics, 1988)
Practice Group and Specialty Team Memberships
Cannabis
Intellectual Property and Technology
Litigation
Startups and Emerging Companies
Representative Matters and Clients
Aesthetic Associates, Inc., P.S. v. Jade Today, et al. (S.D. FL 2016) (Copyright and Lanham Act false designation of origin claims relating to misappropriated physician before and after images)
Aesthetic Associates, Inc., P.S. v. Sule (N.D. TX 2015) (Copyright and Lanham Act false designation of origin claims relating to misappropriated physician before and after images)
Confidential arbitration (2014) (Arbitration of issues of first impression addressing support requirements for worldwide domain hosting service and allocation of new Top Level Domains)
Savage Logistics LLC v. Savage Services Corp. (E.D. WA 2015) (Litigation over common law and federally registered trademark claims in crowded field of SAVAGE-formative names)
Life Alert Emergency Response, Inc. v. AlertOne Services, LLC (C.A. CD 2014) (Litigation over trademark and false advertising claims relating to emergency alert devices and support systems)
Aesthetic Associates, Inc., P.S. v. Atlantis Eyecare Inc., et al. (C.D. CA 2014) (Copyright and Lanham Act false designation of origin claims relating to misappropriated physician before and after
images)
REC Software USA, Inc. v. Sony Mobile Commc’ns (USA) Inc., No. 2:14-cv-01060-MJP (W.D. Wash. 2014) (Patent infringement litigation regarding computing system management technology)
Haute Bride-Haute Jewels, LLC v. Nordstrom Inc., No. 2:13-cv-01755-RSM (W.D. Wash. 2014) (Copyright and false advertising claims stemming from fashion accessories)
Scholz v. Fran Migliaccio (Fran Cosmo), et al. (W.D. WA 2013) (Defeat preliminary injunction motion brought by founder of the band “Boston” over use of the BOSTON mark by former band members)
Cassidian Communications, Inc. v. Synergem Technologies, Inc. (M.D. FL 2013) (Patent infringement litigation regarding next-generation “e911” emergency communications)
Laye, et al. v. Whirlpool Corporation (W.D. WA 2013) (Copyright litigation regarding artistic embellishment of product design)
Lucky 13 Vintage Brands, et al. v. Horses Cut Shop LLC, et al. (Wash. Sup. Ct. 2012) (Litigation regarding trade secrets misappropriation for vintage and unusual T-shirts)
Prosec Protection Systems, Inc. v. Guard RFID Solutions, Inc. (D. NJ 2012) (Patent infringement and trade secrets litigation regarding RFID tracking technology)
Shire LLC et. al. v. Teva Pharmaceuticals, et. al. (D. DE 2011) (Patent infringement litigation under the Hatch-Waxman Act regarding guanfacine and sustained-release dosage forms)
World Emblem International, Inc. v. Daniel Yang, et al. (World Intellectual Property Organization 2010) (Arbitration of domain name dispute)
Carnegie Mellon University v. Marvell Semiconductor, Inc., et al. (W.D. PA 2009) (Patent infringement litigation regarding technology for improving magnetic storage density)
Warnock Food Products, Inc. v. Snack Alliance, Inc. (Cal. Sup. Ct. 2009) (Litigation over patent and trade secret claims relating to snack food manufacturing)
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SOG Specialty Knives & Tools, Inc. v. Cold Steel, Inc. (W.D. WA 2008) (Litigation of trademark claims on high-end Japanese steel knives)
Corbis Corporation v. Spiral Matrix, et al. (World Intellectual Property Organization 2006) (Arbitration of domain name dispute)
Chief Automotive Systems, Inc. v. Research Technologies, Inc. (W.D. WA 2006) (Litigation of trade secrets and patent rights with respect to laser telemetry systems)
CMSI, Inc. v. Pacific Cycle, Inc. (W.D. WA 2006) (Litigation of express reverse passing off trademark claims with respect to unauthorized importation of motor scooters)
Emergis, Inc. v. Avista Corporation (E.D. WA 2006) (Defense of patent claims purportedly covering electronic invoice presentment and payment (“EIPP”) transactions)
Arctic Circle Enterprises v. Alaska Juneau Mining Company (D. AK 2006) (Litigation of copyright claims relating to imported tourist goods)
Vanson HaloSource, Inc. v. Hild (W.D. WI – “Rocket Docket” 2005) (Litigation of patent claims regarding wastewater treatment systems)
Tseng v. Home Depot and Wal-Mart (W.D. WA 2005) (Litigation of patent claims regarding lighting systems)
Kouvato, Inc. v. Jore Corp., (D. MT, 2003) (Trial counsel for Jore in patent non-infringement declaratory judgment action in Montana federal district court over tool designs; Obtained a jury verdict of non-infringement)
Glenayre Electronics, Inc. v. Jackson (N.D. IL, 2002) (Trial counsel for Glenayre in patent non-
infringement declaratory judgment action in federal court in Chicago over wireless infrastructure technology; Verdict remitted to less than Jackson’s litigation costs)
The University of Washington v. Pine Group, Ltd. (WIPO 2002) (Obtained a World Intellectual Property Organization arbitration award permitting the University of Washington to register its trademark in the People’s Republic of China)
Publications
“POM Wonderful: The New Prescription for False Advertising,” World Trademark Review’s “Pharmaceutical Trademarks 2015/2016 Global Guide” (February 2015)
“IP Investment 101: How to Gain the Edge Over Your Competition,” Puget Sound Business Journal Startups and Emerging Companies: Kick-start Your New Year Special Insert (October 31, 2014)
“The Truth About Mobile Intellectual Property Protection: Debunking Common Misconceptions,” Lane Powell White Paper (September 29, 2014)
“Surprising Legal Danges of ‘Safe’ Social Media,” Medscape, Quoted (September 24, 2014)
“Patents as an Asset of Class and Changes in Patent Doctrines Affecting Patent Value and Monetization Strategies,” Recent Trends in Patent Infringement Lawsuits, Aspatore Books (2014)
“Boston Founder Can’t Block Ex-Lead Singer in Trademark Suit,” Law360 (August 26, 2013)
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“Judge Rejects Rocker’s Bid to Ban Ex-Bandmates From Using BOSTON,” Boston Herald
(August 2013)
“Judge Rules Former Members of Boston Can Call Themselves Former Members,” Boston Globe (August 2013)
“Lane Powell Adds Frommer Lawrence IP Litigator in Seattle,” Law360 (November 15, 2012)
“Protecting Your Good Name,” Washington State Medical Association Reports (2010)
“Inequitable Conduct: A Magic Incantation Unleashes Mischief: Implications of Exergen v. Wal-
Mart,” The Intellectual Property Strategist (November 2009)
“The Impact of Medimmune v. Genentech,” lead article in the ABA Intellectual Property Litigation Newsletter (2008)
Speaking Engagements
“A Paper Fortress: Essential IP Strategies for Startups,” Lane Powell’s Second Annual Startups and Emerging Companies Seminar, Co-presenter, Seattle (December 2, 2015)
“IP Investment 101: How to Gain the Competitive Advantage Over Your Competition,” Lane Powell’s First Annual Startups and Emerging Companies Seminar, Seattle (December 4, 2014)
“Patent Troll Litigation,” National ATM Council Annual Meeting (2013)
“Patent Procurement and Monetization Strategies” (seminar presented to various clients in 2013)
“Legal Problems in the Vision Industry,” 2012 Vision Council Annual Meeting (2012)
“There Will Be Blood: The Bloody Truth About the Internet,” Washington State Ambulatory Surgical Center Association Annual Meeting (2010)
“Monetizing Patent Assets,” West Legalworks Webinar (2008)
“Domain Name Litigation Strategies,” Eastern Washington IP Institute, Faculty/Speaker/Course Book Author (2008)
“Trademarks and Unfair Competition Law,” National Business Institute (2008)
“Willful Patent Infringement: Guidelines for Reviewing Competitive Technology” (presented in numerous venues from 2006-2007)
“Trademark Issues in Keyword Advertising” (presented in numerous venues from 2006-2008)
“Pre and Early Stage Patent Litigation Workshop,” Law Seminars International, Speaker/Panel Moderator (2005)
“Intellectual Property Law Update: An Introduction to Trademark Law,” Practicing Law Institute (2005)
United States Department of State World Affairs Council, Host/Speaker on IP issues (numerous occasions since 2003)
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Awards and Honors
Named as a “Washington Super Lawyer,” Super Lawyers® magazine, Intellectual Property Litigation (2007-2016)
Named as a “Rising Star,” Super Lawyers® magazine (2004)
Awarded for pro bono service to the community, Pro Bono Service Commendation, Washington State Bar Association (2007-2011)
Professional and Community Activities
American Intellectual Property Law Association
American Bar Association, Intellectual Property Section
Federal Circuit Bar Association
International Trademark Association
American Inns of Court, Seattle Intellectual Property Chapter
Washington State Patent Law Association
Special Disciplinary Counsel, Washington State Bar Association
Pro Bono Counsel, Experience Music Project
Board Counsel, Seattle Symphony Orchestra (2003-2010)
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