Merchant & Gould Prevails in IP Agreement Case

Minnesota trial results in defense victory valued at $72 million

Denver attorneys from Merchant & Gould recently successfully defended their client in a case valued at $72 million.

The attorneys prevailed in a two-week trial in Minnesota involving a trade secrets and Patent Technical Information Agreement dispute that arose over terms of a trade-secret-sharing deal. The work was a continuation of a client relationship with Minnesota-based Amesbury Group, Inc., which ensured the company’s ability to continue growing a company brand. The case itself involved extensive document work and an extended trial, something unusual in a trade secrets case.

In 2005, Amesbury, a door and window hardware company, began a working relationship with the plaintiffs, Creative Research & Development, Inc. and Omniquest Research & Development and engineers from the respective companies, in order to bring Amesbury into the casement window space.

The plaintiffs brought proprietary technology to Amesbury that they claimed would put the company above the industry standard. According to Peter Gergely, a partner at Merchant & Gould and attorney for Amesbury, the company began its efforts to commercialize the technology while negotiating the patent and technical information agreement to transfer the intellectual property on the technology to Amesbury. But in the development process, it became clear there were significant technical hurdles with the plaintiff’s technology, Gergely said.

To read this story and other complete articles featured in the January 8, 2018 print edition of Law Week Colorado, copies are available for purchase online.