Rothstein, Evan

Trial lawyer Evan Rothstein “serves as an anchor of the litigation practice. A pathfinder in complex cases, he digs into the details to provide rich analyses that go to the heart of each case.” - IAM Patent 1000, 2017

With well over a decade of experience at the forefront of intellectual property law, Evan’s counsel is sought after by clients looking for creative solutions to complex disputes in litigation or for innovative strategies for managing and growing their intangible assets. Working with clients throughout the country, Evan handles challenging patent, trademark, copyright, and trade secret matters, including taking complex cases through trial where he has significant first-chair experience. He often relies on this expertise to overhaul clients’ intellectual property assets through analytical audits and studies. In 2016, Evan was named Colorado’s IP Litigator of the Year by Law Week Colorado.

Evan’s established reputation in successfully handling high-stakes and complex disputes and trying cases before judges and juries has earned him numerous accolades and repeat client work from some of the country’s most discerning companies. He partners closely with his clients in enforcement of their intellectual property, defends against multi-million dollar claims of alleged infringement, and crafts strategies for helping clients avoid disputes altogether. With a business-first approach, Evan works diligently to economically and efficiently help clients achieve their goals.

Evan is the chair of Brownstein’s Chambers-recognized IP Department, composed of more than thirty-five attorneys.  In this role, Evan leads a talented team of engineers, scientists, brand managers, and data privacy and security specialists who build, maintain, and protect their clients’ most valuable intellectual property assets. He has experience with individuals and companies across a broad range of technologies, including those in the media and advertising, gaming, digital signage, software, networking and telecommunications, e-commerce and industrial equipment and manufacturing. Evan values his role as a trusted advisor and works hand-in-hand with clients as business partners, just as he actively works with the IP department attorneys on providing best-in-class legal services.

Evan also has substantial experience in highly complex commercial cases, including covenant not-to-compete and trade secret disputes, and health and managed care disputes. Evan’s demonstrated track record of success in trade secret cases is well-known in Colorado as is his ability to quickly address emergency situations and prepare for and try preliminary injunction hearings. In the past two-years, Evan has successfully first-chaired four such cases in three different states.

Committed to giving back to the Denver-Boulder community, Evan is currently a member of the Board of Directors of Special Olympics Colorado, the Advisory Board of Rose Medical Center in Denver and the Board of Directors of the Silicon Flatirons Program. He was a member of the Leadership Denver Class of 2014.

Evan has been recognized by Law Week Colorado as an Up and Coming Lawyer and the the 2016 IP Litigator of the Year, and has been named a Super Lawyer Rising Star for the past eight years. Prior to joining Brownstein, Evan was a partner in the trial group of Dorsey & Whitney, where he was a member of the intellectual property and trial groups and the hiring partner for the Denver office.

Previous Experience

Trial lawyer Evan Rothstein “serves as an anchor of the litigation practice. A pathfinder in complex cases, he digs into the details to provide rich analyses that go to the heart of each case.” - IAM Patent 1000, 2017

Representative Matters

Representative Intellectual Property Litigation

  • Lead counsel for manufacturing company in trade secrets litigation in Colorado in an evidentiary preliminary injunction hearing resulting in a complete denial of an injunction request.

  • Lead counsel for software provider in a significant multi-state, multi-patent infringement litigation. Case settled favorably after Markman hearing and USPTO Reexaminations initiated.

  • Currently Lead Counsel for a nationally recognized consumer brand in contentious opposition and cancellation proceedings at the TTAB against the world’s largest snack food provider. Proceedings are reaching expert survey and summary judgment stage.

  • Co-lead counsel for a pet toy manufacturer accused of patent infringement of method and system claims for manufacturer for edible pet chew. Won a complete Markman victory after full hearing with technical experts, that was affirmed by the Federal Circuit.

  • Lead counsel in a trade secrets case in Federal Court in Wyoming arising out of the sale of a business and theft of software. Represented the plaintiff, a Fortune 200 company through a preliminary injunction hearing resulting in the entry of a permanent injunction.

  • Co-lead counsel for plaintiff in trade secrets and Computer Fraud and Abuse Act action in D. Colo involving allegations of trade secrets theft and breach of covenant not to compete. Helped lead case through two-day preliminary injunction hearing resulting in one of the few injunctions issued in Federal Court in Colorado on this issue in the past decade. The decision is one of the most cited opinions on non-compete and trade secret law in Colorado. After briefing the issues to the Tenth Circuit, the case settled favorably for the client.

  • Lead counsel for Denver-based restaurant group in trademark infringement action brought by a large hospitality chain. Case resolved favorably for our client.

  • Lead counsel for electronics re-seller and fabricator in trade secrets case in Florida involving allegations of corporate espionage and theft.

  • Lead counsel for online provider of aspirational materials in defense of allegations of cybersquatting, and "google ad word" trademark allegations in D.N.J.

  • Lead counsel for a manufacturer in the food industry in a trademark infringement action in N.D.Cal.

  • Primary outside intellectual property counsel for restaurant and world famous chef regarding intellectual property and employment issues. Recently litigated potential TTAB opposition for one of the registered marks.

  • Co-lead counsel for large telecommunications company in software patent dispute with competitor in E.D.Tex.

  • Lead counsel for defendant in patent infringement and trade dress litigation in D.Colo. involving folding knives with belt clips. Obtained favorable settlement for client before Markman proceedings.

  • Represented numerous clients in actions involving trade-show infringement allegations, helping to obtain and defeat TROs in D.Nev.

  • Co-lead counsel for a medical device manufacturer in a patent infringement action in S.D. Cal against primary competitor. Case settled right before Markman proceedings.

  • Represented Plaintiff and counterclaim defendant in patent infringement action in D. Colo. concerning data storage devices. Successfully dismissed four of five asserted patents before Markman. Briefed claim construction that was in large part adopted by the Court after the Markman hearing leading to positive settlement for client.

  • Lead counsel for defendant mining and exploration company in Federal court in Texas for trade secrets theft and trademark and trade dress infringement. Successfully moved to dismiss the action and transfer the case. The case settled favorably thereafter.

  • Counsel for defendant keyboard and scanner manufacturer and re-seller in patent infringement action brought by a patent holder in N.D. Cal. After proceeding through Markman proceedings, the case settled on favorable terms.

  • Co-lead counsel for eight defendants in a series of patent infringement actions in D.Utah and C.D. Cal. regarding cases and covers for the Ipod and Iphone.

  • Lead counsel for pool cover and equipment manufacturer in patent infringement litigation in D.Utah. After assisting in drafting of ex parte reexamination to the USPTO, successfully moved for stay of litigation pending reexamination. The case settled favorably shortly thereafter.

  • Counsel for defendant DVD company in patent litigation in S.D. Fla. Successfully argued for partial summary judgment, briefed all Markman issues and helped achieve settlement on eve of three-week trial.

  • Represented Fortune 100 bank in trade secret action in D. Kan regarding Agribusiness suppliers and lenders. After extensive briefing and discovery, helped achieve positive settlement on the eve of preliminary injunction hearing.

  • Co-counsel with Skadden Arps and Proskauer Rose on a series of copyright infringement actions in multiple jurisdictions on issues of first impression for class actions of un-registered marks.

  • Representation of plaintiff and counter-claim defendant in patent litigation regarding multiple patents concerning automated registration of personal information on computer systems.

Representative Commercial Litigation

  • Won complete summary judgment on all claims 45 days before trial in a breach of contract action regarding construction of a landfill gas-to-energy utilization plant where the plaintiff was seeking in excess of $7 million in damages.

  • First Chair trial counsel for a multiple AmLaw law firm team over a three-year period and through trial to a complete defense verdict in complex breach of contract and unjust enrichment case in Denver District Court. The case presented issues of first impression in Colorado concerning bailment theories.

  • First chair jury trial counsel for the defense of the largest insurer in the country regarding experimental artificial disc implants where plaintiffs were seeking in excess of $25 million. Won a mis-trial in the second week of a three-week trial.

  • Lead counsel representing a manufacturer in a breach of contract and warranties claims against a multi-billion dollar manufacturing corporation. Successfully removed and transferred case to foreign jurisdiction under § 1404 principles, leading to positive settlement.

  • Lead counsel for Fortune 20 managed care provider in Colorado for numerous actions for breach of insurance contracts. Successful dismissal of four separate actions on grounds of jurisdiction, failure to state a claim, and wrongful joinder.

  • Lead counsel for plaintiff in the power industry in complex breach of contract action involving agreements for royalty payments. Obtained favorable settlement just before trial.

  • Won complete summary judgment week before trial for a Fortune 200 refuse company on a complex breach of contract action. Won an award of fees and sanctions against plaintiffs and counsel shortly thereafter.

  • Represented healthcare consultant in trade secret misappropriation case.

Representative Intellectual Property Engagements

  • Responsible for the management of the intellectual property portfolio for a $100 million nutraceutical company specializing in supplements for the exercise and health industries.

  • Responsible for the management of the intellectual property portfolio for a Denver-based provider of digital signage and other visual software solutions with sales exceeding $75 million.

  • Primary outside intellectual property counsel for a national software company that provides automated solutions for addressable advertising and digital advertising, builds repositories of advertising data, and creates aggregated unwired advertising networks for the cable and broadcast industry.

  • Responsible for managing intellectual property and data privacy for a $250 million general contracting and engineering firm.

News & Events
Community

Member, Board of Directors, Special Olympics Colorado

Member, Advisory Board, Rose Medical Center

Board of Directors, Silicon Flatirons Program

Pro-bono Practice, Rocky Mountain Children’s Law Center

Ambassador, University of Colorado School of Law 

Publications & Presentations
Education
  • J.D., 2004, University of Colorado Law School, Seeman Scholarship, Rothgerber Fellowship, Editor-in-Chief of Journal on Telecommunications and High Technology Law (Now Colorado Technology Law Journal)
  • B.A., 2001, Emory University, Honors in Economics, Dean's List 1998
Admissions
  • Colorado
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, Tenth Circuit
Recognition

Named 2016 IP Litigator of the Year in Colorado by Colorado Law Week.

Colorado Super Lawyers, Rising Stars, 2009-2017

Finalist, 40 Under 40, Denver Business Journal, 2012-2017

Up and Coming Lawyers, Colorado Law Week, 2008

IAM Patent 1000, 2017

Leadership Denver Class of 2014

Membership

American Bar Association

Colorado Bar Association

Denver Bar Association

Intellectual Property Owners Association

American Intellectual Property law Association

Colorado IP Inn of Court

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