Aaron A. Myers

(612) 334-5000
Partner
(612) 334-5050 Fax
Aaron.Myers@KutakRock.com

Mr. Myers is a partner and trial lawyer in Kutak Rock’s Minneapolis office, where he focuses his practice on high-stakes litigation, complex intellectual property matters, and advising companies on the resolution of business disputes. An experienced advocate and trusted advisor, Mr. Myers is valued by clients for his aggressive, value-focused pursuit of their business objectives in the courtroom and boardroom alike.

As a litigator, Mr. Myers has represented Fortune 500 and other companies in high-stakes lawsuits across the United States. His experience includes dozens of patent infringement lawsuits, high-profile trademark infringement cases, and numerous other cases including trade secret, copyright, false advertising, product liability, non-compete, and breach-of-contract cases. Mr. Myers is an experienced ADR advocate, having achieved successful outcomes in numerous mediations, court-ordered settlement conferences, and other negotiation settings. Mr. Myers has also represented clients in several federal appellate matters, including appeals in the Seventh Circuit, Ninth Circuit, and the Federal Circuit Court of Appeals.

As a business counselor, Mr. Myers advises companies on sophisticated IP matters, ranging from patent avoidance and enforcement to transactional matters such as licensing and indemnification. He has drafted and negotiated contracts, and served as outside litigation manager for clients. Clients rely on Mr. Myers for his common-sense, pragmatic legal advice and his consistent focus on the bottom line.

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

Representative Experience:

  • Trial counsel representing Arctic Cat in Arctic Cat v. Bombardier Recreational Products and BRP U.S. Inc. (S.D. Florida). Following a three-week trial in Miami, a jury found that BRP willfully infringed two Arctic Cat patents related to controlled-thrust steering technology for personal watercraft (PWC). The Court trebled damages based upon BRP’s willful infringement, resulting in damages in excess of $48 million awarded to Arctic Cat.
  • Trial counsel for plaintiff snowmobile manufacturer in ITC patent litigation involving technology for exhaust temperature-controlled ignition timing and fuel injection.
  • Trial counsel for plaintiff in federal breach-of-contract case in the District of Minnesota relating to technology for the recovery of non-ferrous metals. Case successfully settled before trial.
  • Trial counsel for defendant in patent infringement and trademark infringement action in the Western District of Wisconsin involving patent relating to HVAC ductwork, receiving summary judgment on trademark and patent claims, with the court’s order finding the invalidity of the asserted patent.
  • Trial counsel for publicly traded Canadian company in federal medical-device litigation involving claims for trade secret misappropriation, unfair competition, and breach of contract.
  • Represented Minnesota company in trade secret and contract lawsuit involving technology for the high-pressure liquid extraction of soybeans.
  • Lead ADR counsel for the largest United States manufacturer of storm doors in patent infringement litigation.
  • Achieved summary judgment for snowmobile manufacturer in patent infringement case involving electronic fuel injection technology.

Presentations:

  • September 29, 2017. “After TC Heartland: Venue Considerations for Practitioners.” Mr. Myers participated in a panel of distinguished practitioners to discuss the impact of the U.S. Supreme Court’s TC Heartland decision on the future of patent infringement venue.
  • March 23, 2017. “Talking Turf: Trends, Traps, and Strategic Considerations Relating to Patent Venue.” Mr. Myers presented a CLE discussion patent-litigation venue, the Supreme Court’s TC Heartland case, and strategy concerns relating to venue choices for patent cases. (Minnesota CLE).
  • March 10, 2016. “What we learned.” Mr. Myers moderated a panel of IP practitioners in a discussion of business issues relating to joint infringement law and patent eligibility. (Minnesota CLE).
  • September 24, 2015. “Dealing with the Aftermath of the Akamai, Alice and Nautilus Decisions.” For the 2015 Midwest IP Institute, Mr. Myers moderated a panel of experienced IP lawyers in a discussion of the aftermath of three critical decisions with wide-ranging impacts on patent jurisprudence.
  • April 28, 2015. “IP 2015.” Mr. Myers presented a CLE on expected developments in IP law for 2015.
  • April 15, 2015. “What the Supremes Did, Didn’t, or Should do in Intellectual Property.” Mr. Myers presented a CLE on IP cases pending or decided by the Supreme Court.
  • October 21, 2014. “IP at the Supreme Court.” Mr. Myers presented on Supreme Court IP decisions.
  • September 18, 2014. “Akamai v. Limelight.” At the Midwest IP Institute seminar, Mr. Myers moderated a panel of experienced IP lawyers in a discussion of the Akamai v. Limelight decision impacting joint infringement.
  • April 29, 2014. “A review of Section 101 case law.” Mr. Myers presented a CLE on patent eligibility issues.
  • November 12, 2013. “Defensive and Legislative Strategies for Patent Trolls.” Mr. Myers presented on defensive strategies and legislation relating to non-practicing entities and patent litigation.
  • Tuesday, May 14, 2013. “Patently Relevant: Recent Developments in Patent Litigation.” Mr. Myers sat on a panel that included two federal judges, with panelists discussing the impact of the America Invents Act on patent litigation, the evolving legal standard for willful infringement, and the impact of model e-discovery orders for patent litigation.
  • April 12, 2013. “Why Litigators Make Bad Licensing Deals.” Mr. Myers presented on the topic of licensing deals and licensing pitfalls in the context of patent litigation.
  • December 12, 2012. “Indirect Infringement—Aid and Abet? Do Not Pass Go, Do Not Collect $200.” Mr. Myers presented on the law of indirect infringement and the Supreme Court’s landmark Global-Tech Appliances case.
  • April 24, 2012. “Is it Patentable?” Mr. Myers presented a CLE on patent eligibility concerns and business strategies relating to eligibility issues.
  • November 14, 2011. “Navigating Patent Reform.” Mr. Myers presented a CLE discussing patent reform and the evolution of patent law.
  • September 22, 2011. “Divided Infringement: The Enforceability of Patents (or Not) in the Age of Combined Infringement.” At the Midwest IP Institute seminar, Mr. Myers moderated a panel of experienced IP lawyers in a discussion of the issue of joint patent infringement.
  • December 15, 2010. “Design Patents: How to Prove Infringement and Fight Off a Validity Challenge.” Mr. Myers presented a CLE focusing on the benefits of design patents and design patent litigation.
  • November 15, 2010. “Patent Litigation and the Bottom Line: Strategies for the New Economic Reality.” Mr. Myers authored a presentation entitled “Top Ten Ways to Blow Your Patent Litigation Budget.”

Publications:

  • TC Heartland v. Kraft Foods: The U.S. Supreme Court Reinvents Patent Litigation Venue.” September 2017. Mr. Myers authored a chapter discussing the U.S. Supreme Court’s landmark TC Heartland case and its impact on patent litigation venue for The IP Book (15th ed.), published by the Midwest Intellectual Property Law Institute.
  • “Arctic Cat v. Bombardier Recreational Products.” Intellectual Property Magazine, July 2016. In the article Mr. Myers discusses the jury verdict Arctic Cat received in the Arctic Cat v. BRP trial in the United States District Court for the Southern District of Florida.
  • Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.: Supreme Court Clarifies the Standard of Review for Claim Construction.” September 2015. Mr. Myers co-authored a chapter entitled “Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.: Supreme Court Clarifies the Standard of Review for Claim Construction” for The IP Book (13 ed.), published by the Midwest Intellectual Property Law Institute.
  • “Limelight v. Akamai: The U.S. Supreme Court Tackles (Kind of) the Issue of Joint Infringement.” September 2014. Mr. Myers co-authored a chapter entitled “Limelight v. Akamai: The U.S. Supreme Court Tackles (Kind of) the Issue of Joint Infringement” for The IP Book (12 ed.), published by the Midwest Intellectual Property Law Institute.
  • “Bowman v. Monsanto: Knowing Beans About the Scope of Patent Rights for Self-Replicating Products.”  September 2013. Mr. Myers co-authored a chapter entitled, “Bowman v. Monsanto: Knowing Beans About the Scope of Patent Rights for Self-Replicating Products," for The IP Book (11th ed.), published by the Midwest Intellectual Property Law Institute.
  • “Divided Infringement: A Legal Standard in En Banc Limbo.”  September 2012. Mr. Myers co-authored a chapter entitled, “Divided Infringement: A Legal Standard in En Banc Limbo,” for The IP Book (10th ed.), published by the Midwest Intellectual Property Law Institute.
  • “The Enforceability of Patents (or Not) In the Age of Combined Infringement.”  September 2011. Mr. Myers co-authored a chapter entitled, “The Enforceability of Patents (or Not) in the Age of Combined Infringement," for The IP Book (9th ed.), published by the Midwest Intellectual Property Law Institute.