Donald W. Niles

Shareholder
DNiles@nilolaw.com
612-296-7788

PRACTICE AREAS

• Intellectual Property Litigation
• Trademark Applications
• Arbitration
• Mediation

EDUCATION

• William Mitchell College of Law, J.D., cum laude (1984); William Mitchell Law Review, Executive Editor
• Macalester College, B.A., Economics (1978)

PROFESSIONAL ASSOCIATIONS

• Federal Bar Association
• Minnesota State Bar Association
• American Intellectual Property Law Association
• Minnesota Supreme Court Historical Society

BAR ADMISSIONS

• Minnesota
• U.S. Supreme Court
• U.S. Court of Appeals, Federal Circuit
• U.S. Court of Appeals, Fourth Circuit
• U.S. Court of Appeals, Eighth Circuit
• U.S. District Court, Minnesota
• U.S. District Court, W.D. Michigan
• U.S. District Court, E.D. Wisconsin

EXPERIENCE

Don is a litigator and counselor with over 35 years experience representing geographically diverse clients ranging from individuals to Fortune 500® corporations. Clients recognize Don as an advisor and strong advocate who focuses on professionalism, preparation, effective strategy and a value-added approach to legal services. Patent prosecution attorneys and general practice law firms seek Don when their clients need experienced representation in intellectual property litigation.

Don was a law clerk for the Honorable Peter S. Popovich at the Minnesota Court of Appeals from 1984 through 1985. He served as an adjunct faculty member at William Mitchell College of Law for over 10 years teaching courses in civil practice skills, media law and telecommunications regulation. He has served as the chair of the Minnesota State Bar Association’s Communications Law Section.

REPRESENTATIVE LITIGATION

BioInteractions, Ltd. v. InSitu Technologies, Inc. (lead arbitration counsel in breach of contract and trade secret dispute involving heart stent technology)

Heidi Ott A.G. v. Target Corporation (lead plaintiff’s counsel in trademark, trade dress, false advertising and right of publicity matter involving collectible dolls)

LTJ, Inc. v. Custom Marketing Company (successful defense by summary judgment in matter involving grain bin patent)

Collyard v Sienna Corporation, PGA Tour Properties, et al (lead defense counsel for developers of TPC Twin Cities golf course in Blaine, Minnesota)

Agri-Cover, Inc. v. Truxedo, Inc. (lead plaintiff’s counsel in patent infringement matter involving tonneau covers)

Pragmatic C Software v. Antrim Design, (lead plaintiff’s counsel in software misappropriation litigation)

Mahoney v. Cargill (plaintiff’s counsel in inventorship and technology ownership matter)

Three Points, Inc. v. Hasbro (lead plaintiff’s counsel in licensing and royalty lawsuit representing inventors of Nerf® football)

Entegris, Inc. v. Re-Source America, Inc. (lead plaintiff’s counsel in declaratory judgment action relating to patent for reusable containers)

Numerous trademark opposition and cancellation proceedings

ALTERNATIVE DISPUTE RESOLUTION

Arbitrator, mediator and counsel in numerous commercial, intellectual property, telecommunications and antitrust disputes.

HONORS

Martindale-Hubbell AV Rating
Outstanding Lawyers of America
Super Lawyer rated (Intellectual Property Litigation)
Fellows of the American Bar Foundation member
Exemplary Service Award for work in developing technology training for attorneys in the new Minneapolis Federal Courthouse, 1998.

COMMUNITY SERVICE

Governor’s Broadband Task Force
New York Mills Regional Cultural Center board
Friends of the Maslowski Center
Wadena Rotary