Niall A. MacLeod

(612) 334-5004
(612) 334-5050 Fax

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 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.
  • Trial counsel representing Arctic Cat in Arctic Cat v. Bombardier Recreational Products (D. Minn.), defending Arctic Cat against allegations of patent infringement relating to snowmobile design.
  • 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 Mr. MacLeod’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.

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