Paul H. Beattie

Senior Litigation Attorney

Seattle, WA / Richland, WA

Business Law

Phone: 509-380-9102

About Paul H. Beattie

Paul H. Beattie, Jr.
Rated by Super Lawyers


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Education:

  • University of Michigan, J.D. with Honors (top 10% of class)
  • University of Chicago, Graduate Work, Medical Immunology
  • University of Chicago, B.A., Molecular and Cellular Biology,(“Minor” concentration in Classical Philosophy), with Honors (top 10%of class)

Paul Beattie is an experienced litigator and trial lawyer with over 80 victories and a 90% success rate in trials and commercial arbitrations. He has taken or defended hundreds of depositions. Although Beattie is proud of his hard work and success for his clients, past success does not guarantee a successful outcome in any future case. Mr. Beattie’s practice focuses on intellectual property counseling and litigation, including patent, plant patent, design patent, trademark, copyright, trade secret, unfair competition, non-compete, and licensing cases. He also represents clients in other types of business disputes, including employment, breach of contract, tax, partnership dissolution, and various kinds of tort cases.

Mr. Beattie drafts contracts, non-compete agreements, and other documents and provides strategic business advice. He also does appellate work for select clients. His strengths include strong writing and communication abilities (with over 70 successful dispositive motions), extensive first chair experience, and an ability to explain difficult concepts and technologies to juries. Mr. Beattie has been repeatedly recognized as a Washington Super Lawyer, an annual listing of 2-5% of Washington lawyers who have achieved significant professional accomplishment and recognition.

Mr. Beattie previously worked as a litigator at Merchant & Gould, P.C., where he was a partner, and at Schwabe, Williamson & Wyatt, a Northwest regional law firm, where he was also a partner, and before that, at Darby & Darby, P.S., an intellectual property firm formerly headquartered in New York. Earlier in his career, Mr. Beattie worked at Foley & Lardner in Chicago, where he represented Pioneer Hi-Bred in several corn genetics cases.
While at Darby, Mr. Beattie was the primary author of chapter 1 of Biotechnology and Pharmaceutical Patents: Law and Practice (Aspen Pub. Dec. 2007).

Immediately after graduating from the University of Michigan Law School with honors, he clerked for the Honorable Jacques L. Wiener of the United States Court of Appeals for the Fifth Circuit. During law school, Mr. Beattie was awarded the Stanfield Scholarship and was nominated for the Book Award for Legal Writing and Advocacy. He also taught Legal Research & Writing at the William Mitchell College of Law. Mr. Beattie currently teaches various aspects of intellectual property litigation as an Adjunct Professor at the Seattle University School of Law. Before practicing law, Mr. Beattie served as a Marine Corps Infantryman, graduating first in his platoon from Infantry Training School. He also taught immunology at the University of Chicago. Mr. Beattie represents U.S. service personnel at discounted rates. He has had over thirty trial victories in a variety of state and federal cases.

Representative Cases

  • Dorrell v. Zytara Labs, LLC, Index No. 657130/2021 (S. Ct. NY. Sept. 9, 2022) (drafted and argued successful Motion to Dismiss client from case).
  • Oltman v. Alaska Airlines, Inc., No. 20-2-14433-9 KNT (King Cty. Sup. Ct. Nov. 15, 2021) (part of team that defeated Motion to Dismiss).
  • Bertsch v. Gebran, Five Leaves III LLC, (King Cty. Wash. Sup. Ct. Aug. 27, 2020) (all claims against client dismissed with prejudice).
  • In Re Dr. John Doe, Wash. Dept. Health (July 15, 2020) (all charges against defendant doctor dismissed).
  • Tilden v. Blucora, Inc., Case No. 2017-0837-JRS (Del. Ch. Oct. 26, 2018) (drafted one of three motions to dismiss that led to dismissal of all claims against defendants in large shareholder derivative case claiming tens of millions of dollars in damages).
  • Nirvana, LLC v. Mark Jacobs International, LLC; d/b/a SAKS FIFTH AVENUE, Case No. 2:18-CV-10743 (C.D.Ca 2018) (Defending Witness Depositions).
  • Nirvana, LLC (drafted response letter to claims asserted by Spencer Elden).
  • Nirvana, LLC v. Givenchy (Sept. 2016) (Ceast and Desist Action for Nirvana).
  • Versaterm, Inc., v. City of Seattle, Case No. 2:16-cv-01217-JLR (W.D. Wash. August 19, 2016) (TRO and preliminary injunction against city).
  • In re Morgan Indus. Corp., Case No. 12-21156 (Bankr. D.N.J. July 11, 2016) (trustee sought to recover substantial amounts of money but received only $3,500).
  • Foo Fighters, LLC v Red Bull North America, Inc. (June 2016) (Cease and Desist Action).
  • Pacific BioScience Labs., Inc. v. Michael Todd True Organics LP, Case No. 2:15-cv-00691- JLR (W.D. Wash. July 2015) (stayed case pending ITC resolution).
  • Tranxition, Inc. v. Lenovo (United States) Inc., Case No. 3:12-cv-1065-HZ (D. Or. 2014) (Docket Nos.121, 159-60, 177-78) (heavily involved in patent claim construction briefing and hearings just weeks after appearing in case; drafted brief that resulted in dismissal of patent infringement counterclaim for lack of standing).
  • Tranxition, Inc. v.AppSense, Inc., Case No. 3:12-cv-1403-BR (D. Or. 2014, Docket No. 82) (resolved matter six months after taking over case from prior counsel}.
  • Columbia Machine, Inc. v. Besser Co., Case No. 3:10-cv-05667 (W.D. Wash. Sep. 27, 2012) (won summary judgment of noninfringement as to 3 of 4 patent claims in case; case settled within a month of victory).
  • State v. Craig, Case No. 12-40903 (Yak. Cty. Oct. 25, 2012) (won a directed verdict during state criminal jury trial).
  • Ganz v. Washington Numismatic Gallery, Inc., Case No. 11-2-26950-7 SEA (King Cty. Oct. 25,2012) (won summary judgment as to 3 causes of action).
  • Columbia Machine, Inc. v. Besser Company, Case No. 3:10-cv-05667 (W.D. Wash. April 5, 2012) (defeated motion for a preliminary injunction).
  • Columbia Machine, Inc. v.Besser Company, Case No. 3:11-cv-05268 (W.D. Wash. March 6, 2012) (defeated motion for partial summary judgment and then settled case on favorable terms using offer of judgment tool).
  • The Charles Machine Works, Inc. VS. Vermeer Mfg. Co., Case No. 4:11-cv-507-CRW-CFB (S.D. Iowa. Nov. 21, 2011) (took and defended multiple depositions on an emergency basis to develop evidence to defeat motion for a preliminary injunction; drafted irreparableharm section of winning opposition brief).
  • New Touch-Up Sys., Inc. v. Front Line Ready GA, LLC, Case No. 3:09-CV-05158-RPL (W.D. Wash. Oct 7, 2011) (patent infringement case against client dismissed with prejudice after favorable Markman ruling).
  • Arrival Star S.A. v. Agility Logistics, Inc., Civ. Action No. 2:10-cv-01249-RSK (W.D. Wash. Dec. 3, 2010) (successful motion to dismiss).
  • Northwest Home Designing, Inc. v. Lubbesmeyer Const., Inc., Case No. 3:09-cv-05562- RJB (W.D. Wash. June 8, 2010) (defeated motion for a preliminary injunction).
  • Novozymes AIS v. Genencor int't, Inc., Civ. No. 05-160-ICAJ (D. Del. 2007) (drafted brief that won permanent injunction, as part of team that secured a $15 million dollar judgment in complex patent case).
  • Chadwick Farms Owners Ass'n v. FHC, LLC, Case Nos. 80450-8, 80459-1-0-1 (Wash. S. Ct. May 14, 2009) (represented WSBA) (brief cited with approval by Supreme Court and court of appeals).
  • Blount, Inc. v. TriLink Saw Chain, LLC, Civ. Action No. 1:06-CV-0767-BR (April, 2009) (first-chaired trial and won judgment for $2.3 million).
  • Lucky Break Wishbone Corp. v.Sears, Roebuck and Co., 528 F.Supp. 2d 1106 (W.D. Wash.2007) (won sanctions against defendants excluding key evidence and helped win partial summary judgment on various issues in copyright case; client ultimately won $1.7 million verdict).
  • Roth v. Flores, Civil Action No. 01-2-02371-2 (Yakima County, Trial Jan. 27-29, 2009) (won $96,000 judgment on M.A.R. arbitration award of $11,500).
  • Widevine Tech., Inc. v. Verimatrix, Inc., Case No. 2:07-CV-321-TJW-CE (E.D. Tex. Sep. 25, 2008) (drafted briefs successfully opposing Veri matrix's motion to stay case pending inter parties reexamination).
  • Lomax v. Memorial Hospital Ass'n., Case No. 259315 (Wash. ct. App. June 10,2008) (reversed trial court's grant of summary judgment).
  • Paragon Luggage, Inc. v. Monarch Designs, Inc., Case No. SACVOS-929 (CD. Cal. 2007) (secured consent judgment in patent case).
  • Cardiac Science, Inc. v. Koninklijke Philips, N.v., 466 F.Supp. 2d 1150 (D. Minn. 2006) (won summary judgment invalidating key claims for lack of adequate written description and defeated cross-motion in complex patent case involving 21 patents).
  • National Prods., Inc. v. Gamber Johnson, LLC, Case No. CV04-02524P (W.D. Wash. 2006) (team secured consent judgment in patent case).
  • Berrocal v. Fernandez, 155 Wash. 2d 585 (2005) (reversed court of appeals in Washington State Supreme Court, which affirmed favorable summary judgment dismissing case).
  • Tim Vining Real Estate Appraiser and Consultants v. Clark Jennings & Associates, Inc., No. CV-04-3110RHW, 2005 WL 1500972 (E.D. Wash. 2005) (won partial summary judgment
    in copyright case).
  • Ramirez v. Veronte, Inc., No. CV-03-3050-CI (E.D. Wash. Oct. 1,2005) (defeatedDefendants' motion for summary judgment).
  • Mendoza v.Zirkle Fruit Co., 222 F.R.D.439 (E.D. Wash. 2004) (won summary judgment).
  • National Licensing Ass'n, LLC v. Inland Joseph Fruit Co., 361 F.Supp. 2d 1244 (E.D. Wash.2004) (motion to dismiss instrumental in dismissal of 18 plant patent infringement cases for lack of standing) (this is parent case).
  • Ecklund v. Internal Medicine Assoc. of Yakima, AAA Arb., No. 75-166-00311-02-ARN (March 13-14,2003) (medical association sought $2 million in damages for breach of non-compete, but client prevailed and paid only $600 in photocopying costs).
  • U.S. v. Gleich, Case No. 03-CR-02092-RHW (E.D. Wash. 2003) (client acquitted of all charges after federal felony trial).
  • Barnhouse v. Sunnyside Irrigation Dist., Civ. No. 00-2-02881 (Yakima Cty. Sup. Ct. March 5,2003) (won summary judgment, which caused settlement).
  • Out of Line Sports, Inc. v. Rollerblade, Inc., 213 F.3d 500 (10th Cir. 2000) (defeated motion for preliminary injunction).
  • World Wrestling Federation v. Posters, Inc., 2000 WL 1409831 (N.D. III. 2000) (won seizure order, preliminary injunction, summary judgment, and attorneys' fees).
  • Genetics Corp. v. Pioneer Hi-Bred Int'l., Inc., 96 C 500112 & 96 C 50239 (N.D. III. 2000) (worked on several complex patent litigations involving genetically-engineered corn; assisted with Markman hearing).
  • Rios v.AT&T Corp., 36 F.Supp. 2d 1064 (N.D. III. 1999) (won summary judgment and dismissal of case).
  • Accu-Sort SyS., Inc. V. Lazerdata Corp., Civ. Action No. 98-3475 (E.D. Pa. 1998) (won royalty dispute).
  • The Taro Co. v. McCulloch Corp., 898 F. Supp. 679 (D. Minn. 1995) (drafted brief that won partial summary judgment).
  • Kepner-Tregoe, Inc. v. Leadership Software, Inc.,12 F.3d 527 (5th Cir. 1994) (drafted widely-cited copyright opinion as judicial clerk).

Publications and Presentations

  • "Crafting Discovery Requests to Support Your Motion Practice: Some Practical Guidance," Video Presentation, Gravis Law (August 4, 2023)
    "Long Arm Beats Two Legs," King County Bar Bulletin (September 2023)
  • “Gravis Wins Significant Victory in NY Court”: Gravis Blog (September 28, 2022).
  • "Small Case Sets Interesting Precedent": See Article: Bar Bulletin March 1, 2021 (kcba.org).
  • “Strengthening Commercial Identity: Trademarks and Small Businesses Like Friar Angelino’s Bakery,” Gravis Law Blog, https://gravislaw.com/strengthening-commercial-identity-trademarks-and-small-business/ (Feb. 12, 2020).
  •  Taking and Defending Depositions: Some Practical Guidance, Video Presentation, Gravis Law (December 13, 2019).
  •  “A Little Opal with a Softer Fire”: Ben Stein’s The Capitalist Code, KCBA Bar Bulletin (December, 2018).
  • A Handbook on Global Social Media Law for the Business Lawyer, primary author of Chapter 6: Intellectual Property Issues in Social Media (ABA, September 2017).
  • Mock Oral Argument at the Seattle Intellectual Property American Inn of Court in Favor of Registering SLANTS Trademark Under 15 U.S.C. § 1052 (November 19, 2015).
  • Biotechnology and the Law, Adjunct Professor, Seattle University School of Law (Several Years).
  • Strategic Licensing of Biotech and Pharma Inventions, CASRIP Summer Institute (July 28, 2011).
  • Contingency Fee Cases - Best Practices (May 26, 2011) (ExecSense).
  •  Rejected Reasoning: Bilski Patent Ruling Survives High-Court Showdown, KCBA Bar Bulletin (August 2010).
  •  U.S. Patent Law Stuck Stateside, IP Law 360 (June 2010).
  •  State Based Rights of Inventors and Authors, Oregon State Bar IP CLE (June 2010).
  •  Powerful Opening Statements, Schwabe, Williamson & Wyatt (March 2010).
  • Recent Challenges to the Protection of Biotechnology Inventions, Bell Harbor International, Invest Northwest (March 18, 2009).
  • Extraterritorial Infringement Outpaces Extraterritorial Protection, 44 Trial News (No. 2) at 11, 14 (October 2008).
  • Biotechnology and the Law, Adjunct Professor, Seattle University School of Law (Fall 2008).
  • U.S. Patent Law Struck Stateside, KCBA Bar Bulletin (September 2008).
  • Legal Writing Unplugged: 10 Quick Tips for Better Legal Writing, Schwabe, Williamson & Wyatt (August 2008).
  • Monetization of Patents, Wi-LAN IP Symposium: Monetization of Patents (April 15, 2008).
  • BioPharma Intellectual Property That is Patentable Subject Matter, Chapter 1 in Biotechnology and Pharmaceutical Patents: Law and Practice (Aspen Pub. Dec. 2007) (co-author).
  • Jesting at Scars that Never Felt a Wound: The U.S. Supreme Court’s New Doctrine of Licensee Standing Without Breach, Intellectual Property Law & Practice; 2: 275-277 (2007).
  • The Use of Trademarks in Small Businesses, Trial Bar News (2004).
  • Contributor to the WSTLA Pleadings and Motions. Computer Reference (2003).
  • Legal Writing for Paralegals, CLE Materials, Chicago (2000).
  • Use of Experts in I.P. Litigation, CLE Materials, Chicago (2000).