Courtland C. Merrill

Attorney, Shareholder

Courtland Merrill is a trial attorney whose practice focuses exclusively on business and intellectual property disputes.

Courtland’s litigation experience crosses multiple industries on behalf of both plaintiffs and defendants. His litigation experience includes trials and appeals of complex contract disputes, enforcement of patent and other intellectual property rights, claims for trade secret misappropriation, and litigation of non-compete agreements, among other matters.

As lead trial counsel, Courtland recently obtained a $1.85 million jury verdict in a patent case on behalf of his client following a 4-day jury trial in U.S. District Court for the Eastern District of Wisconsin. Courtland’s client, the plaintiff, brought claims against a competitor for infringement of three patents related to circuit board test fixtures. At trial, the defendant alleged all of the client’s patents were invalid for obviousness. After deliberating less than three hours, the jury rejected the defendant’s obviousness defense, found that the infringement was willful, and awarded Courtland’s client $1.85 million in lost profits and reasonable royalties.

Courtland joined the firm in 2001. He has been repeatedly selected to the “Rising Star” list by Super Lawyers, and he has also been selected to the exclusive list of “Future Stars” by Benchmark Litigation.

Circuit Check, Inc. v. QxQ, Inc., (E.D. Wis.)

Represented plaintiff Circuit Check against competitor for infringement of patents related to circuit board test fixtures. Obtained $1.85 million jury verdict for willful infringement.

Sutura, Inc. v. Abbott Labs, (E.D. Texas)

Represented plaintiff Sutura against Abbott Labs in litigation of nine patents covering vascular closure technology. Recovered $23 million settlement on behalf of client.

U.S. Bank v. MP Operating, LLC, (Minn. Dist. Ct.—Stearns Cty.)

Obtained summary judgment on behalf of the defendants, personal guarantors of $13 million loan. The district court ruled defendants had no liability to the bank under the asserted guaranty.

ProStaff, Inc. v. American International Group, Inc., (Texas Dist. Ct.—Harris Cty.)

Represented plaintiff in the recovery of $25 million in insurance proceeds, as well as additional bad faith damages of $15-40 million, against AIG subsidiary. The case was satisfactorily and confidentially resolved just before trial in May 2011.

Hasel v. Danville Mfg., (D. Minn.)

Defended dental products manufacturer in patent litigation involving composite dental filling technology. Obtained judgment of non-infringement. Awarded $128,000 in attorney’s fees.

Glud & Marstrand A/S v. B.D.M.O., S.A., (N.D. Ohio)

Represented plaintiff, the manufacturer of metal DVD/Blu-ray packaging, against competitor for design patent and trade dress infringement. Secured preliminary injunction and subsequent settlement barring further sales of competitor’s infringing products.

ev3, Inc. v. Cardiovascular Systems, Inc., (Minn. Dist. Ct.—Ramsey Cty.)

Defended Cardiovascular Systems and individual sale representatives against claims by ev3 for misappropriation of trade secrets, breach of fiduciary duty and tortious interference. Successfully compelled arbitration of claims against sales representatives.

Member, Hennepin County Bar Association

Member, Federal Bar Association

Member, Minnesota State Bar Association

Member, American Intellectual Property Law Association

Member, Minnesota Intellectual Property Law Association

How to Win a Patent Case (or Any Complex Litigation) without Your Client Going Broke, Attorney at Law Magazine - Twin Cities Edition, June 2014

Cheap, Powerful Patent Protection: What You Need To Know About Design Patents, Attorney at Law Magazine - Twin Cities Edition, June 2013 (co-authored with Michael B. Lasky)

Expert Witness Disclosures: How to Comply and Avoid Exclusion, Bench & Bar of Minnesota, April 2008