Steven T. Lovett
Experience
Steve Lovett is a partner of the firm and immediate past chair of the Technology and
Intellectual Property practice group. He represents businesses in patent, trademark,
trade secret, unfair competition and complex business litigation. Steve has advocated
for clients from a wide variety of industries, including telecommunications,
electronics, software, capital equipment manufacturing for wood products,
electronics, and recycling, over-the-counter medical products, Internet-based direct
marketing, renewable energy and construction supply.
Previously, Steve was an attorney at Cravath Swaine & Moore, New York (1988-1990).
Representative Work
Patent Infringement

Represented Emerging Acquisitions, Inc. (dba Bulk Handling Systems), a designer
and manufacturer of recycling handling systems sold worldwide, as lead counsel
in a series of three patent infringement cases. After its patent counsel sent a
cease and desist letter to a UK manufacturer, the target and related companies
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brought a declaratory judgment action in the Middle District of Tennessee against
our client. We moved to dismiss for lack of personal jurisdiction, which was
ultimately granted. The day the Tennessee case was dismissed, we filed a patent
infringement action against the same parties in the Western District of
Washington to enforce the patents attacked in the Tennessee litigation. Some of
steve.lovett@stoel.com
Education

J.D., 1988
those entities and others then brought a second case in Tennessee alleging
Member, National Moot Court Team
patent infringement against Emerging Acquisitions, a joint venture in which it
Recipient of the Lawrence W. McKay
was involved and another company based on unrelated patents. Our motion to
Award as Outstanding Oral Advocate
for the Class of 1988
dismiss the first Tennessee case for lack of personal jurisdiction was granted, as
was our motion for costs. The Washington case and our motion to dismiss the
second Tennessee case were pending when the parties settled their disputes.


Tulane University, B.A., 1980
Represented Leupold & Stevens in related actions against Bushnell, Inc. Leupold
Admissions
sued Bushnell in the District of Oregon on a just-released patent covering ballistic

Oregon
ranging methods and systems for inclined shooting. Within a week, Bushnell sued

New York (inactive)
Leupold in the District of Kansas on a just-released patent of its own relating to a
handheld rangefinder operable to determine hold over ballistic information and
other patents. Result: The parties ultimately resolved their disputes.

Fordham University School of Law,
Represented a manufacturer of systems designed to prevent debris from entering
open storm drains. Following the Markman hearing, we stayed the litigation and
sought reexamination of plaintiff's patent. The Patent Office ruled that the
claims-in-suit were unpatentable. As a result of Plaintiff's claim amendment, the
PTO issued a re-examination certificate on the narrowed patent. Result: On
Steven T. Lovett
summary judgment the court held that our client did not engage in infringing activity pre-certification and had full intervening
rights. The case settled, and the patent holder's claims were dismissed with prejudice.

Represented Strands, Inc., an Internet-based business, in a patent infringement case pending in the Southern District of Florida.
Result: Strands was dismissed from the case shortly after we filed for summary judgment.

Represented Xerox Corporation and Tektronix, Inc. in related cases brought by a competitor and a reseller of solid ink sticks for
use in color printers manufactured by our clients. Plaintiffs' claims included monopolization, price discrimination and false
advertising. Xerox countersued for patent infringement and unfair competition. Result: After Xerox was granted summary
judgment on its patent infringement claim, the case settled.
Trademark Infringement

Represented Troy Healthcare LLC in a trademark and trade dress infringement case brought against Troy's former distributor,
Nutraceutical Corporation, in the Western District of Washington. Troy sought to enjoin defendants' use of the mark DROPAIN
and trade dress confusingly similar to that used with Troy's STOPAIN® topical analgesic products. Result: The Court entered a
preliminary injunction requiring Nutraceutical to stop using the DROPAIN name and trade dress and recall product from resellers
nationwide. The case ultimately settled.

Represented Harry and David in more than ten cases asserting that competitors' use of Harry and David's trademarks as search
engine keyword triggers constitutes trademark infringement. Results: Most cases settled. Others included entry of a judgment
enjoining the defendant from further use of the trademarks.

Represented The Learning Internet dba Learning.com in a declaratory judgment action brought in response to a demand by
Florida-based Learn.com that our client cease and desist using the mark LEARNING.COM. Result: Summary judgment of noninfringement was granted in Learning.com's favor.

Represented U.S. Cellular Corporation in a trademark infringement case brought by the owner of the federally registered mark
"Edge Wireless" and several related common law marks that included "edge" (e.g., AccessEdge, LocalEdge, WesternEdge).
Result: U.S. Cellular prevailed at trial, and the case was dismissed. U.S. Cellular subsequently launched a new suite of wireless
data services under the "easyedge" brand name.

Represented Michaels of Oregon in trademark infringement litigation brought in the Eastern District of Virginia by Blackhawk
Industries ("BHI"), the owner of the mark BLACKHAWK. Michaels and BHI both manufacture and sell gear for military and law
enforcement use. BHI argued that Michaels' use of the mark BLACKWATER on gear similar to that BHI marketed under the
BLACKHAWK mark caused actual confusion in the marketplace. Result: The case was settled, and Michaels continues to use The
BLACKWATER mark.
Trade Secrets

Represented Extended Systems, Inc. in a trade secret suit against three of its former salesmen and a competitor in Idaho state
court. The suit alleged misappropriation of confidential customer information and sales leads that the former salesmen took
before departing to join the competitor. Result: The court granted our preliminary injunction motion and enjoined the
individual defendants from contacting directly or indirectly ESI's customers, prospects and partners for 120 days and ordered the
defendants to make available immediately for discovery their computers and other devices containing electronically stored
information. The case subsequently settled.
Steven T. Lovett

Represented Welch Allyn against a software design engineer and former employee who took copies of source code and hacked
into Welch Allyn's intranet to download information. Result: Our motions for a temporary restraining order and a seizure order
were granted. Welch Allyn recovered all the misappropriated information, and the defendant stipulated to entry of judgment.

Prosecuted an inevitable disclosure of trade secrets action against a competitor and an engineer specializing in the design o f
integrated circuits who resigned to join a direct competitor. Result: The case settled after a preliminary injunction was entered
in our client's favor.
Antitrust

Represented Zenith Electronics in an action brought by one of its independent distributors alleging nine separate legal claim s,
including that Zenith's cooperative advertising policy and retail buying group program constituted illegal resale price
maintenance. Result: Zenith was awarded summary judgment on all the plaintiff's claims, and the case was dismissed.
Covenants Not to Compete

Enforced a covenant not to compete on behalf of Bunzl Distributing. Result: Preliminary injunction was entered enjoining
defendant, Bunzl's former Portland area sales manager, from joining a competitor in the same capacity.
Technology

Defended Intel Corporation in an action arising from a server crash and alleged data loss that occurred following a power surge
at the plaintiff's location. The plaintiff, a manufacturer of industrial handles and joysticks, claimed its entire archive of
electronically stored drawings and other production files was permanently lost because of instructions it received after the
crash from Intel customer service regarding reinstalling a piece of Intel equipment. Result: After extensive discovery and fi ling
of Intel's motion for summary judgment, the plaintiff voluntarily dismissed all claims with prejudice.
Patent Licensing

Obtained summary judgment for U.S. Natural Resources, a manufacturer of lumber processing equipment, against the
plaintiff/inventor's claim to enforce a patent licensing agreement.
Professional Honors and Activities

Listed in Best Lawyers in America© (currently: Commercial Litigation, Litigation-Intellectual Property, Litigation-Patent), 20092016

Listed in Oregon Super Lawyers® (Intellectual Property, Antitrust Litigation), 2014-2015

Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Intellectual Property), 2014 2016

Listed in Intellectual Asset Management's IAM Patent 1000 - The World's Leading Patent Practitioners, 2013

AV Preeminent Peer Review Rated with Martindale-Hubbell®

Member, Intellectual Property and Litigation Sections, American Bar Association

Member, Antitrust and Trade Regulation, Intellectual Property and Business Litigation Sections, Oregon State Bar
Steven T. Lovett
Presentations

"Competing Within The Law: Online Advertising and Keyword Use" (copresenter, Jeremy Sacks), Stoel Rives Seminar Series

"Knocking Off the Knockoffs" (copresenter, Jay Rafter), Stoel Rives IP Seminar Series

"Responding to IP Demand Letters" (copresenter, Randy Foster), Stoel Rives IP Seminar Series

"Enforcing Covenants Not-to-Compete," Oregon State Bar CLE

"Computer Forensics and Electronic Discovery," Multnomah Bar Association CLE
Publications

"Online Advertising Requires Truth, Proof and Transparency," Portland Business Journal, April 27, 2012

"Computer Litigation" (editor), Advising Oregon Businesses, Oregon State Bar

"On the Stand: Executives Can Prepare to Give Testimony" (coauthor, Jeremy Sacks), Portland Business Journal, Aug. 4, 2006
Civic Activities

Member, Board of Directors, Big Brothers Big Sisters/Columbia Northwest, 2013-present

Member, Board of Trustees, 2004-2012, Oregon Episcopal School

Trustee, Playwrite Inc., 2006-2008

President and Trustee, Grace Memorial Church Foundation, 2002-2006

Member, Disciplinary Committee, Episcopal Diocese of Oregon, 2011-present