September 28, 2020

Volume X, Number 272

Zachary C. Howenstine

A member of the firm’s Intellectual Property practice group, Zach Howenstine focuses on complex intellectual property matters in state and federal trial and appellate courts throughout the United States. His practice encompasses many areas of complex civil litigation including patents, trademarks, trade secrets, antitrust issues, and contract matters involving technologies in the mechanical, electrical, and chemical arts. Zach also defends individuals and companies in civil actions and proceedings instituted by the U.S. government, including False Claims Act litigation and investigatory and enforcement actions involving the Securities and Exchange Commission.

Zach has litigated cases in state and federal courts around the country, including federal jury trials, and he has written briefs and argued before the Eighth Circuit Court of Appeals.

Background
Prior to joining the firm, Zach was a law clerk for U.S. District Judge E. Richard Webber.
 
Obtained voluntary dismissal with prejudice of a patent infringement case brought by a patent assertion entity against biometric solution client (Eastern District of Texas).

Cave Consulting Group, Inc. v. OptumInsight, Inc. (Northern District of California) 
Obtained jury verdict and award of $12 million in past damages against OptumInsight, a subsidiary of United Healthcare, for infringement of computer software patent. Additionally, obtained jury verdict of non-infringement on OptumInsight’s patent infringement counterclaims.

Frito-Lay NA Inc. v. Ralcorp Holdings Inc. et al. (Eastern District of Texas) 
Obtained full defense verdict on claims for patent infringement, trademark and trade dress infringement, misappropriation of trade secrets, and unfair competition in litigation arising from the defendants’ competition with Frito-Lay in the market for bowl-shaped tortilla chips.

Tennier Industries, Inc. v. American Recreation Products, LLC et al. (Eastern District of Tennessee) 
Obtained order denying the plaintiff’s request for jurisdictional discovery in patent infringement action, resulting in the plaintiff voluntarily dismissing the case.

Cox v. St. Paul Fire & Marine Ins. Co. (Circuit Court of St. Louis County, Missouri) 
Obtained summary judgment for defendant insurer in action seeking to hold the insurer liable for a $7 million judgment entered against an employee of the insured municipality. Affirmed on appeal.

Articles in the National Law Review database by Zachary C. Howenstine

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