Populus Law LLC

Practice Areas

Experience. Quality. Judgment.

Patent Infringement

Patents define the patent holder’s right to exclude others from making, using, selling, or otherwise profiting from an invention. Filing a lawsuit for patent infringement is how a patentee excludes others and seeks damages for infringement. A single patent case can spell fortune or disaster, and the commercial ripples can be profound. A single verdict, judgment, or settlement can affect business and consumer activity on a local, national, or even global scale.

With such high stakes comes aggressive litigation, and the need for excellent legal representation. Patent litigation is not an arena for the inexperienced. Companies and law firms pour extraordinary resources into pursuing and defending patent claims, and patent litigation is notoriously expensive and commercially disruptive. The attorney fees alone can be ruinous. Successful patent litigants are those who, as early as possible, establish a litigation budget, establish litigation goals, and hire litigation counsel capable of pursuing those goals in a timely manner and in line with the established budget.

Populus Law's experience litigating patent disputes is wide-ranging. Nick Boebel has successfully worked on some of the largest and most significant patent lawsuits in the United States. He has also handled local disputes affecting primarily Minnesota individuals and businesses. The technologies involved in Populus's patent cases include everything from medical devices, personal watercraft and cutting-edge computer technology, to fishing bobbers and pet toys.

Representative Cases

Arctic Cat Inc. v. Bombardier Recreational Products Inc. et al., Southern District of Florida (Miami): Nick Boebel led the trial team during a 10-day jury trial in Miami Federal Court in May, 2016. The jury deliberated for 2 hours and returned a verdict finding all asserted claims valid and willfully infringed by each accused Sea-Doo personal watercraft. The jury awarded the exact damages requested by Arctic Cat - 15.5 million dollars. Two weeks later, the presiding Judge tripled the damages award based on the jury's finding that Bombardier had willfully infringed and entered judgment in the amount of 46.5 million dollars.

Global Traffic Technologies v. Tomar, Minnesota Federal District Court: Took over case after the original attorney was disbarred and default judgment entered against client as a sanction. After taking over the case, Nick's team secured dismissal of plaintiff's willful infringement claim, and tried the damages claim to jury. In the end, a case that represented a major threat to the client settled on acceptable terms.

TV Interactive Data Corporation v. Microsoft Corp., Northern District of California (San Francisco): Nick Boebel was part of a team which sued Microsoft on behalf of TVI, a small California technology company, asserting that Microsoft’s Windows operating system software products infringed several patents covering apparatus and methods for autoplaying media on insertion. Plaintiff accused all versions of Windows from Windows 95 forward of infringement. The case settled in October 2005 with Microsoft taking a license under the patents.


Commercial, Employment, and Trade Secret Litigation

Complex commercial litigation is as varied and diverse as the global economy itself. Disputes arise over the ownership of physical or intellectual assets, misappropriation of trade secrets, deals can result from misrepresentations or other unfair conduct, and contracts can be breached. No matter the situation Populus Law works with you to pursue your case efficiently and effectively to help ensure that you are not spending more on your attorneys than you can recover. As always, Populus Law is happy to discuss results-based fee agreements.

No matter the underlying facts, Populus has the experience to work with you to understand the facts and law relevant to your case. And to establish a case plan and budget that is compatible with your business goals and desired financial investment.

Whether you are seeking to vindicate your rights, or need help evaluating the merit of a potential claim or a claim being asserted against you, Populus Law can help.

Representative Cases

Metcalf v. E.I. DuPont, Minnesota Federal District Court: Represented Minnesota inventors and developers of construction software in claims asserting breach of contract and misappropriation of trade secrets. After taking over the case from a large Minneapolis law firm, Nick led a team through the discovery and trial preparation stage. Case settled after the court rejected defendant's motion for summary judgment on misappropriation of trade secrets claim and shortly before a jury trial was scheduled to begin.

Telluride Asset Management v. Falkenstein, Hennepin County District Court: Defended former hedge fund portfolio manager in claims alleging breach of a confidentiality agreement and trade secret misappropriation by manager's former employer.  After taking over the case from a large Minneapolis law firm, Nick led a team that secured discovery from plaintiff allowing assertion of various counterclaims.  Case resolved through settlement approximately two months later.


Fixer Services

Nick Boebel is frequently brought in on cases as a fixer who works with the current attorneys to address a particularly complex and difficult issue, or take over a case that is over budget and off track. Populus also is happy to review your current attorneys strategy, tactics, and budget and work with you to help move your case in the right direction.

Read Nick's article on 6 Red Flags that suggest you need fixer to take a look at your case.

Representative Cases

St. Clair Intellectual Property Consultants, Inc. v. Canon; St. Clair Intellectual Property Consultants, Inc. v. Sony, Delaware Federal District Court: Nick Boebel was brought in as part of the litigation team to address claim construction and standing issues that arose during the case. Nick's approach led the district court to adopt his client's claim construction positions and to find that his client was the owner of the disputed patents. The claim construction and standing decisions helped ensure two successful jury trials and a successful licensing campaign relating to multi-format digital cameras. More information about the cases is available here.

Global Traffic Technologies v. Tomar, Minnesota Federal District Court: Took over case after the original attorney was disbarred and default judgment entered against client as a sanction. After taking over the case, Nick's team secured dismissal of plaintiff's willful infringement claim, and tried the damages claim to jury. In the end, a case that represented a major threat to the client settled on acceptable terms.


Class actions are an important tool to protect consumers. But the attorneys that pursue class actions often fail to keep the best interests of the class in mind when negotiating a settlement. Populus Law objects to class action settlements where the class-action attorneys sell out the interests of their clients to secure an unjustified windfall for themselves. If you have received a notice of class action settlement, contact Populus by email or on twitter @ClassActionCen1 to discuss your rights to object.

Read Nick's article on 3 red flags that a class action settlement warrants an objection.

Class Action Fee Objections