Lee Johnston is a trial lawyer who partners with clients as a trusted advisor to successfully resolve their most complex business disputes in an efficient, timely manner. Lee's national trial practice includes patent, copyright, trademark and trade secret litigation, where he works with companies and individuals to maximize the value of their IP portfolio and protect their competitive advantage by obtaining temporary and preliminary injunctions. Owing to his singular focus on achieving their business objectives, clients also hire Lee on a repeat basis to handle their large, complex business litigation and arbitration matters in non-IP disputes.

Lee has extensive experience in a variety of industries including telecommunications, oil and gas, financial services, outdoor/recreational and consumer products, medical devices and equipment, computer hardware and software, and semiconductor fabrication.

Bar Admissions
Colorado, 1997
Texas, 1991

Education
J.D., 1991, Harvard Law School, cum laude; Senior Editor, Journal of Law and Public Policy
A.B., 1988, Dartmouth College, magna cum laude

Significant Accomplishments
License and Patent Infringement

Obtained a permanent injunction on behalf of a U.S.-based consumer products manufacturer against foreign competitor in a multi-patent case involving fluid dynamics technology.
Obtained dismissal of all claims against an international, Fortune 100 telecommunications company in a dispute over IP rights to cellular broadcast platform.
Obtained a walk-away dismissals of patent cases involving modem and encryption technologies.
Successfully defended an international telecommunication device manufacturer in patent case involving VoIP technology.
Obtained multi-million dollar settlement on behalf of SaaS telecommunications support company against its primary competitor in case involving patented workforce management technology.
Successfully defended performance mountain bike manufacturer against its main competitor in patent case involving bicycle suspension technology.
Successfully defended client against patent infringement claims involving fitness equipment technology.
Represented a developer and manufacturer of patented desiccant de-humidification systems in license dispute before the American Arbitration Association.
Defended a public university and professor in a patent infringement case involving immunoassay techniques and technology.
Represented a publicly-traded medical device manufacturer in a patent infringement case involving image-guided surgical technology.
Represented a publicly-traded medical device manufacturer in a series of patent infringement cases involving photo-ablative lasers and related components which are used in heart surgery.
Successfully defeated a request for preliminary injunction sought by a licensee of technology relating to network video and motion detection in security applications.Trade Secret and Unfair Competition Litigation.
Successfully represented SaaS telecommunications support company in trade secrets case against competitor relating to client’s APIs for its workforce management technology.
Won a multi-million dollar verdict and permanent injunction for B-to-B logistics company after two week federal jury trial on trade secret and Computer Fraud and Abuse Act claims; case affirmed in all respects by Ninth Circuit.
Obtained permanent injunction and consent judgment on behalf of consumer products company prohibiting former employee’s use or disclosure of client’s trade secret dental cleaning technology.
Obtained monetary settlement and injunctive relief for a software developer in the telecommunications and cable industry against former employees for misappropriation of trade secrets and violations of the Computer Fraud and Abuse Act.
Successfully defended a semiconductor manufacturer in trade secrets/employee poaching case brought by its primary competitor.
Successfully defended an Internet and print-based publisher of energy-related information and technology in a product disparagement and unfair competition case.
Successfully defeated a competitor's request for a preliminary injunction against a Fortune 100 insurance brokerage client based on alleged theft of trade secrets.
Copyright/Trademark Infringement

Represented high performance mountain bicycle company in a series of TTAB opposition proceedings and later assisted in negotiations of trademark license.
Won summary judgment dismissal of trademark and trade dress infringement case based on no likelihood of confusion; case affirmed in all respects at Tenth Circuit.
Obtained permanent injunction and monetary damages on behalf of a Fortune 500 company in federal district court trademark/counterfeiting case involving illegal importation and distribution of olive oil.
Represented ringtone aggregator in trademark litigation against industry competitor.
Obtained favorable settlement for an international medical device manufacturer in a trade secret and copyright infringement matter brought against a former employee and his new employer.
Prosecuted claims on behalf of a manufacturing client against a former employee for theft of trade secrets and copyright infringement of technical machine drawings and specifications.
Computer Software and Hardware

Obtained favorable monetary settlement for life insurance company in lawsuit against software developer.
Obtained a complete dismissal of a purported class action brought by consumers against a Fortune 100 computer hardware manufacturer arising out of allegedly defective disk drives.
Obtained a favorable settlement for a publicly-traded telecommunications client in a software performance case against a worldwide software developer.