Populus Law LLC

Profile

Experience. Quality. Judgment.

Nicholas S. Boebel


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Education

University of Minnesota, JD, 2000, magna cum laude, order of the coif

Carleton College, BA, economics, cum laude, departmental honors

 


Experience

Populus Law LLC, founder and owner, 2017-present

Hagens Berman Sobol Shapiro LLP, of counsel in IP litigation, 2011-2017

Myers, Boebel & Macleod LLP, partner, 2006-2011

Robins Kaplan, associate attorney, 2000-2006

Recent Successes

Arctic Cat Inc. v. Bombardier Recreational Products Inc. et al., Case No. 14-cv-62369 - Southern District of Florida (Miami):

Currently represent Arctic Cat Inc. in a patent infringement case against Bombardier, the manufacturer of Sea-Doo personal watercraft. Arctic Cat claimed that the Bombardier off-throttle assisted steering system in all Sea-Doo personal watercraft infringed claims from two patents awarded to Arctic Cat in 2003 and 2004. 

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 Bombardier.  The jury awarded the exact damages requested by Arctic Cat - 15.5 million dollars.

Two weeks later in the first enhanced damages decision after the Supreme Court's Halo decision, the presiding Judge tripled the damages awarded based on the jury's finding that Bombardier had willfully infringed and entered judgment in the amount of 46.5 million dollars.  

News Reports About the Arctic Cat v. Bombardier Case

Jury Awards Arctic Cat $15M In Jetski Patent Suit - Law360

Arctic Cat Patent Win Upped To $46.7M With Treble Damages

Arctic Cat's $47M Patent Win Over Bombardier Rises By $1.5M

Arctic Cat Adds $1M More To $48M Patent Win

Notable Cases

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.  

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.  

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.

TV Interactive Technology v. Microsoft, Northern District of California Federal Court: Nick was part of a team that sued Microsoft for infringement of various patents with claims covering Microsoft's autoplay technology. Case settled shortly before trial with Microsoft taking a license to the patents.