James F. Boyle, Copyright Attorney in Milwaukee, Wisconsin

Jim Boyle is one of the founders of the firm and was president for several years, Jim has more than 35 years of experience in commercial and intellectual property litigation. He has a deep knowledge of engineering and concentrates on clients’ broader business issues, forging a fit between those issues and a sound legal strategy.

In addition to preparing and prosecuting both patent and trademark applications, Jim has successfully litigated many cases involving patent infringement, trademark infringement, trade secret misappropriation and copyright infringement of misappropriated architectural works in both federal and state courts.

Noteworthy Cases

Blazer v. Best Bee Brothers LLC and RSP, Inc.

Representing defendant in patent infringement action. Case currently on appeal to the U.S. Court of Appeals for the Federal Circuit.

Kohler Co. v. Whistling Oak Apartments LLC

Represented defendant accused of infringing plaintiff’s trademark on Whistling Straits golf course.

Mikkelsen Graphic Engineering, Inc. (MGE) v. Zund America, Inc. et al.

Represented Swiss-based defendant Zund Systemtechnik AG, its U.S. subsidiary Zund America, Inc. and five employees in a seven-year long lawsuit in federal court in Milwaukee that involved allegations of infringement of seven patents plus seven common law counts for misappropriation of trade secret relating to computer controlled graphics digital cutting systems. The case included an appeal to the U.S. Court of Appeals for the Federal Circuit. Successfully obtained dismissal of ten of the twelve causes of action, with the final two being resolved by settlement.

Clear With Computers, LLC v. Trek Bicycle Corporation et al.

Represented defendant Trek Bicycle Corporation in federal court in Texas for infringement of patents relating to web-based marketing proposals.

Playworld v. BCI Burke

Represented playground equipment manufacturer BCI Burke LLC in trade dress and trademark infringement action in federal court in Philadelphia.

ICH Intellectual Capital Holdings, Inc. v. Badger Meter, Inc., et al.

Represented defendant Badger Meter, Inc. in patent infringement action in federal court in Texas alleging infringement of two patents relating to immersion probes used for measuring gas content in molten metals and steel. Case still pending (3/2/07).

Rydex v. BadgerMeter, Inc.

Representing defendant Midwest Instrument Company (Minco) in patent infringement action pending in federal court in Texas alleging infringement of two patents relating to automated meter reading (AMR) system.

Heraeus Electro-Nite Co. v. Midwest Instrument Company, Inc.

Represented defendant Midwest Instrument Company (Minco) in patent infringement action in federal court in Philadelphia alleging infringement of patent relating to immersion probes used for measuring gas content in molten metals and steel.

Shock-Tek, LLC v. Trek Bicycle Corp.

Represented defendant Trek Bicycle Corporation in federal court in Detroit alleging patent infringement, trade dress infringement and false representation under the federal Lanham Act, unfair competition in violation of the Michigan Consumer Protection Act, and common law claims of unfair competition and unjust enrichment. The United States Court of Appeals for the Federal Circuit affirmed the district court’s summary judgment in favor of Trek.

Schwarz Pharma Inc. and Cima Labs, Inc. v. Breckenridge Pharmaceutical, Inc. and Ultimate Formulations, Inc. d/b/a Best Formulations

Represented defendant in pharmaceutical case. Plaintiff, who claimed to have developed an innovative, orally disintegrating tablet used for the treatment of irritable bowel syndrome, contended that the defendants had illegally conspired to develop and market a knock-off drug. The complaint alleged a myriad of claims, including patent infringement, copyright infringement, trade dress infringement, unfair competition and false advertising in violation of the federal Lanham Act, fraudulent representation and fraudulent drug advertising in violation of Wisconsin Statutes, common law unfair competition and misappropriation, and also sought a declaratory judgment that the defendants’ drug product was being unlawfully substituted by pharmacists for the plaintiffs’ drug in violation of FDA regulations. We obtained a complete dismissal of the defendant manufacturer, Best Formulations.

Hicklin Engineering, L.C. v. R.J. Bartell & Associates, LLC

Represented defendant in trade secret case. Defendant Bartell provided independent engineering design and drafting services for several years in connection with plaintiff’s automotive transmission dynamometer and diagnostic equipment. When Bartell sought to end the relationship after a falling-out with new owners, plaintiff sued, asserting a myriad of claims including breach of an implied contract of confidentiality, misappropriation of trade secrets under the Wisconsin Uniform Trade Secret Act, and common law claims for misappropriation, conversion, replevin and to quiet title to personal property. We obtained summary judgment for Bartell.

Lee Middleton Original Dolls, Inc. v. Seymour Mann, Inc.

Represented defendant in case alleging infringement of certain doll designs. Plaintiff, which designs and sells collectable dolls, contended that defendant was selling knock-offs of its designs, and asserted causes of action for copyright infringement, trade dress infringement, Unfair Competition and False Designation of Origin under the Lanham Act, and federal trademark dilution.

Anderson v. International Engineering & Manufacturing.

Represented defendant in patent infringement action involving snowmobile studs. Obtained summary judgment from the federal district court in Minnesota ruling that the plaintiff’s patent was invalid and unenforceable, which was affirmed in a 1998 decision by the U.S. Court of Appeals for the Federal Circuit.

Harley Davidson Inc. v. Selectra International Designs. Ltd,

Represented defendant in trademark infringement action. After client’s original counsel had allowed $4.5 million judgment to be entered against the client, was able to have judgment vacated, and ultimately settled case for less than $100K.

Husco International v. Finite Hone, Inc.

Represented defendant in trade secret misappropriation action. In 1996 trial, court ruled that a former employee had not misappropriated plaintiff’s trade secrets, and had not breached a confidentiality agreement with the company.

Wagner v. John Glasspiegel Co.

Represented plaintiff in bench trial for case involving copyright infringement and partnership dissolution.

Jim has represented clients as both plaintiffs and defendants in numerous other patent, trademark and copyright infringement and trade secret misappropriation lawsuits throughout the United States.

News & Publications

• Patent Quantity and Quality Issues Up For Debate

• New Domain Names May Impact IP Rights

• Potential Patent Reform Measures Come Under Fire

• James F. Boyle named to Wisconsin Super Lawyers

Awards & Recognitions

• Best Lawyers in America for work in Patent Law and Patent Litigation (2010 to present)

• Named “Lawyer of the Year” by Best Lawyers in America for work in Patent Law (2015 and 2018) and Litigation – Intellectual Property (2014 and 2017)

• Super Lawyers (2005-Present)

• Wisconsin Law Journal – Leader in the Law (2013)

• Chambers and Partners

- Category: Intellectual Property: Leading Individuals: James Boyle, Band 1

- Category: Intellectual Property Litigation, Star Individuals: James Boyle

Professional Activities

• State Bar of Wisconsin (Litigation and Intellectual Property Law Sections)

• American Bar Association (Litigation, Intellectual Property, and Science and Technology Sections)

• Milwaukee and Waukesha County Bar Associations

• American Intellectual Property Law Association (AIPLA).

• Wisconsin Intellectual Property Law Association (WIPLA).

- Board of Directors, 2003-2005

• Fellow of the American Bar Foundation, 2008-Present

• Fellow of the Wisconsin Bar Foundation, 2013-Present

• Litigation Counsel of America, Fellow 2013 – Present

• Inns of Court of America, Thomas E. Fairchild Chapter (Wis.) Master 2012-2020

• Wisconsin Law Journal, Leaders in the Law, 2013

• Marquette University Alumni Association

- Engineering National Advisory Council, 2005-2011

- National Board of Directors, 1996 to 2000

- President, Engineering Alumni Association, 1994-1995

- Engineering Board of Directors, 1990-1996