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Aaron A. Myers

Partner

Aaron is a trial lawyer and business counselor, focusing on major commercial disputes and complex IP matters. Often tasked to work on high-profile lawsuits where entire product lines or business units are at stake, Aaron's litigation teams have secured jury verdicts and other favorable outcomes in venues across the United States. Aaron's results range from “Top 100 Verdicts” receiving national recognition, to major defensive wins at trial and summary judgment. He is also a frequent speaker and writer on IP and litigation topics.

With modest, small-town roots in South Dakota farm country, Aaron's approach to the law is rooted in skill, hard work, and common sense. Parties wanting to broker in hyperbole and legal jargon are entreated to seek out well-heeled counsel from another law firm. Clients rely on Aaron for straightforward legal representation, based on a genuine understanding of their business and a vigilant focus on the bottom line. In a profession where lawyers often see little more than the lawsuit and billing opportunities immediately in front of them, Aaron's goal is to forge long-term partnerships with clients built on a foundation of excellent results, unmatched value, and the shared pursuit of larger business objectives.

A dedicated advocate and trusted advisor, Aaron is valued by clients for his aggressive pursuit of their business objectives in the courtroom and boardroom alike.

As a trial lawyer, Aaron excels at communicating complex legal and technical matters in a compelling and accessible way. Aaron has represented clients—ranging from Fortune 100 corporations, to privately held businesses, to family-owned companies—in high-stakes lawsuits across the United States. His experience includes dozens of patent infringement lawsuits, trade secret litigation, trademark infringement cases, and numerous other matters including breach-of-contract, copyright, false advertising, product liability, and non-compete and non-solicitation cases. Aaron is also an experienced ADR advocate, negotiating successful outcomes in numerous mediations, settlement conferences, and other negotiation settings.

Speaking Engagements
  •  “The Top 10 Federal District Court Patent Cases of 2017-18,” CLE, October 29, 2018 (presenter)
  • “After TC Heartland: Venue Considerations for Practitioners,” September 29, 2017 (panelist)
  • “Talking Turf: Trends, Traps, and Strategic Considerations Relating to Patent Venue,” Minnesota CLE, March 23, 2017 (presenter)
  • “What we learned,” Minnesota CLE, March 10, 2016 (panelist)
  • “Dealing with the Aftermath of the Akamai, Alice and Nautilus Decisions,” September 24, 2015 (moderator)
  • “IP 2015,” CLE, April 28, 2015 (presenter)
  • “What the Supremes Did, Didn’t, or Should do in Intellectual Property,” CLE, April 15, 2015 (presenter)
  • “IP at the Supreme Court,” October 21, 2014 (presenter)
  • “Akamai v. Limelight,” Midwest IP Institute Seminar, September 18, 2014 (moderator)
  • “A review of Section 101 case law,” CLE, April 29, 2014 (presenter)
  • “Defensive and Legislative Strategies for Patent Trolls,” November 12, 2013 (presenter)
  • “Patently Relevant: Recent Developments in Patent Litigation,” May 14, 2013 (panelist)
  • “Why Litigators Make Bad Licensing Deals,” April 12, 2013 (presenter)
  • “Indirect Infringement—Aid and Abet? Do Not Pass Go, Do Not Collect $200,” December 12, 2012 (presenter)
  • “Is it Patentable?,” CLE, April 24, 2012 (presenter)
  • “Navigating Patent Reform,” CLE, November 14, 2011 (presenter)
  • “Divided Infringement: The Enforceability of Patents (or Not) in the Age of Combined Infringement,” Midwest IP Institute Seminar, September 22, 2011 (moderator)
  • “Design Patents: How to Prove Infringement and Fight Off a Validity Challenge,” CLE, December 15, 2010 (presenter)
  • “Top Ten Ways to Blow Your Patent Litigation Budget - Patent Litigation and the Bottom Line: Strategies for the New Economic Reality,” November 15, 2010
Publications
  • “Top 10 Patent Litigation Results,” The IP Book, 16th ed., September 2018 (author)
  • “TC Heartland v. Kraft Foods: The U.S. Supreme Court Reinvents Patent Litigation Venue,” The IP Book, 15th ed., September 2017 (author)
  • “Arctic Cat v. Bombardier Recreational Products,” Intellectual Property Magazine, July 2016
  • “Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.: Supreme Court Clarifies the Standard of Review for Claim Construction,” The IP Book, 13 ed., September 2015 (co-author)
  • “Limelight v. Akamai: The U.S. Supreme Court Tackles (Kind of) the Issue of Joint Infringement,” The IP Book, 12 ed., September 2014 (co-author)
  • “Bowman v. Monsanto: Knowing Beans About the Scope of Patent Rights for Self-Replicating Products,” The IP Book, 11th ed., September 2013 (co-author)
  • “Divided Infringement: A Legal Standard in En Banc Limbo,” The IP Book, 10th ed., September 2012 (co-author)
  • “The Enforceability of Patents (or Not) In the Age of Combined Infringement,” The IP Book, 9th ed., September 2011 (co-author)
     

  • In December 2017, Aaron's trial team received a jury verdict for Arctic Cat in the District of Minnesota in a patent-litigation suit brought by Bombardier Recreational Products (“BRP”): Bombardier Recreational Products v. Arctic Cat (D. Minnesota). BRP alleged that numerous model years of Arctic Cat’s snowmobiles infringed two different BRP patents, each from different patent families, relating to snowmobile frame designs and steering position. After a three-week trial, the jury returned a verdict finding that both of the asserted patents were invalid on multiple grounds.
  • In June 2016, Mr. Myers’s trial team persuaded a jury in the Southern District of Florida that BRP willfully infringed two Arctic Cat patents covering off-throttle steering for personal watercraft: Arctic Cat v. Bombardier Recreational Products (S.D. Florida). The verdict was followed by an award of treble damages and enhanced royalties on future infringing units. The outcome was recognized on the list of Top 100 Verdicts in the United States for 2016. In 2017, the Federal Circuit affirmed the validity of the asserted patents and the enhancement of damages for willful infringement, while remanding the case for a new calculation of total damages based upon an interpretation of the patent marking statute.
  • Aaron’s trial team received a complete victory in the Western District of Wisconsin for a defendant accused of patent and trademark infringement in a case relating to HVAC ductwork.  Aaron’s client received summary judgment on the trademark and patent claims, with the court’s order finding the invalidity of the asserted patent.
  • Represented Arctic Cat in a patent infringement case in the District of Minnesota involving multiple patents relating to electronic fuel injection technology for two-stroke engines. Arctic Cat received a defense victory that included summary judgment rulings on six separate legal grounds.
  • Represented a major national bank in two patent lawsuits relating to electronic systems for providing crop insurance and claim-processing.
  • Representation of a major national bank in a Northern District of California lawsuit asserting claims of trademark infringement, false advertising, and other business torts. The case included an appeal to the Ninth Circuit following a denial of the bank’s preliminary injunction motion, with the Ninth Circuit reversing the district court and remanding the motion.
  • Represented a major U.S. restaurant company in trademark litigation against a multinational food company in the Northern District of Illinois. The case related to the branding of products for sale in grocery stores.
  • Represented a major power sports manufacturer in litigation instituted in the International Trade Commission against a foreign competitor in a case involving engine-control technology.
  • Represented a publicly traded Canadian company in federal medical-device litigation involving claims for trade secret misappropriation, unfair competition, and breach of contract.
  • Represented a Minnesota company in contract, trade secret, and patent-related action involving agribusiness and soy-extraction technology. Represented the largest United States manufacturer of storm doors in patent infringement litigation and other IP matters.

  • Minnesota Lawyer, "Arctic Cat's Winning Team" Attorney of the Year, 2018 
  • Minnesota Super Lawyers®:  Intellectual Property Litigation, 2016-2018 
  • Minnesota Super Lawyers®:  Rising Star, 2005-2015
  • Minnesota Lawyer, Up & Coming Attorney, 2010