Niall A. MacLeod

(612) 334-5004
Partner
(612) 334-5050 Fax
Niall.MacLeod@KutakRock.com

Mr. MacLeod is a partner in Kutak Rock’s Minneapolis office, where he concentrates his practice on complex technical litigation, with an emphasis on patent and trade secret litigation. He has litigated complex patent and trade secret cases throughout the United States, including cases involving combustion engines, snowmobile design, medical devices, including interventional cardiology technologies and magnetic resonance imaging (MRI), internet-based tracking systems, e-commerce, computer hardware and software technologies, and telecommunications systems. He has also litigated commercial cases involving breach of contract, non-disclosure/confidentiality and non-compete agreements, and intellectual property licenses in federal and state courts.

Mr. MacLeod has extensive experience in all aspects of complex technical cases from initial investigation to strategy to complex discovery to trial. He has successfully argued summary judgment motions and patent claim constructions, and deposed numerous technical expert witnesses, inventors, engineers, and company executives.

Representative Experience

  • Trial counsel representing Arctic Cat in Bombardier Recreational Products v. Arctic Cat (D. Minnesota). Bombardier alleged that numerous model years of Arctic Cat’s snowmobiles infringed two different Bombardier patents. After a three week trial, the jury returned a verdict in Arctic Cat’s favor finding that both Bombardier patents were invalid on multiple grounds.
  • Trial counsel representing Arctic Cat in Arctic Cat v. Bombardier Recreational Products (S.D. Florida). A jury found that Bombardier willfully infringed two Arctic Cat patents related to controlled-thrust steering technology for personal watercraft (PWC). Based upon sales of Bombardier’s Sea-Doo PWC, damages in excess of $46 million were awarded to Arctic Cat by the jury.
  • Trial counsel for publicly traded Canadian medical device manufacturer accused of trade secret misappropriation.
  • Trial counsel for defendant in patent and trademark case obtaining summary judgment of patent non-infringement and invalidity, and also on trademark infringement claims. See Ductcap v. J&S Fabrication et al., No. 10-CV-110 (E.D. Wisconsin), 2013 U.S. Dist. Lexis 20969.
  • Trial counsel for a defendant in multi-defendant suit Clear With Computers v. Astec et al. in Eastern District of Texas. Plaintiff Clear With Computers agreed to dismiss case against Niall’s client prior to claim construction.
  • Trial counsel for Fortune 500 medical device manufacturer in patent infringement case relating to magnetic resonance imaging technologies.
  • Trial counsel in TVI v. Microsoft (N.D. Cal.). TVI is the owner of several patents covering the “autoplay” feature of Windows. TVI sued Microsoft in the Northern District of California alleging that all versions of Microsoft Windows since Windows 95 infringed these patents. The case settled in October 2005 a little more than one week before trial. Microsoft took a license under the patents. All other terms of the settlement are confidential.
  • Trial counsel for Fortune 500 medical device manufacturer in patent infringement cases relating to coronary catheters and stents.

 Presentation

October 29, 2018. “The Top 10 Federal District Court Patent Cases of 2017-18.” Mr. MacLeod presented a CLE discussion on a select group of patent-litigation results from 2017 and 2018 from various jurisdictions across the United States, including analysis on the significance of the results and their impact on patent jurisprudence going forward.

Before joining Kutak Rock, Mr. MacLeod was a partner at an AmLaw 100 firm and a founding partner of the Myers, Boebel & MacLeod firm.