Antoinette M. Tease, P.L.L.C.
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Practice Areas

Ms. Tease has filed and prosecuted hundreds of patent applications in such diverse areas as agricultural machinery, automotive products and components, ballistics, biotech, consumer products, digital signal processing, electronics, environmental management, garments, hand tools, industrial equipment, jewelry, laser optics, medical devices, oil and gas production, seismic recording, software, sporting goods and toys.  (Please see the Patents and Published Applications page for a list of issued patents and published patent applications.)  She regularly handles reexaminations and reissues and has also advised clients and provided opinion letters on freedom to operate, infringement, and invalidity issues.  Ms. Tease has filed dozens of Patent Cooperation Treaty (PCT) applications and works with a network of foreign associates around the globe to obtain international patent protection for her clients.  She also frequently acts as US counsel for foreign clients seeking to enter the national stage in the United States.  Ms. Tease represents clients before the Patent Trial and Appeal Board (formerly the Board of Patent Appeals and Interferences).

Ms. Tease has filed and prosecuted thousands of trademark applications on the state and federal level, as well as on an international level pursuant to the Madrid Protocol.  (Please see the November 2003 Intellections® e-newsletter  for more information on the Madrid Protocol.)  Ms. Tease represents both domestic (U.S.) and foreign clients in trademark matters, and she has developed a network of trademark attorneys throughout the world with whom she collaborates in advising clients on international trademark matters.  In addition to filing and prosecuting trademark applications, Ms. Tease regularly advises clients on trademark infringement and dilution issues.  She has also represented both U.S. and foreign clients in connection with proceedings before the Trademark Trial and Appeal Board.  Ms. Tease has substantial experience in connection with Uniform Domain-Name Dispute-Resolution Policy (UDRP) arbitrations, as well as related federal court litigation.

Ms. Tease has managed copyright portfolios for clients and has advised authors, artists, publishers, gallery owners and employers on copyright issues, including application of the "work made for hire" rules. Ms. Tease works with clients to obtain copyright registrations for their works in the U.S. and other countries with registration systems.

Trade Secrets
Ms. Tease has advised and represented clients in matters involving the protection of trade secrets both in and out of court. She regularly prepares agreements for her clients that are designed to protect their trade secrets and confidential information.

Ms. Tease has helped clients launch new e-commerce businesses by ensuring that the proper legal documents are in place (both online and off). Ms. Tease has also represented clients in connection with the sale and purchase of web-based business.

Software Development
Ms. Tease has represented clients on both sides of software development agreements.  Her clients include small and large software development companies, as well as the customers of software development companies.  Ms. Tease has extensive experience in negotiating and drafting software development agreements and in resolving disputes surrounding those agreements.

Ms. Tease has prepared agreements and advised clients with respect to patent, trademark and copyright licensing. In this regard, Ms. Tease has worked with clients in the entertainment, arts, publishing, software development, services and manufacturing industries. Ms. Tease is an expert in the area of open source code licensing and has given several presentations on this topic. 

Franchise Law
Ms. Tease advises both franchisors and franchisees on issues relating to Franchise Agreements and Franchise Disclosure Documents. She also helps potential franchises evaluate franchise opportunities. Please click here for Ms. Tease's Intellections® newsletter article on franchising. 

Entertainment Law
Ms. Tease has represented producers, writers and artists in connection with the entertainment industry. She is well-versed in the copyright, trademark and contract issues that arise in the context of entertainment law.

Technology Transfer
Ms. Tease has worked with universities, inventors and licensees in matters involving the transfer of technology from universities and other research agencies for purposes of commercialization. Ms. Tease is adept at negotiating the myriad of legal issues that arise in the context of multi-party research collaborations.

Internet Law
Ms. Tease has advised clients on all aspects of the laws applicable to doing business over the Internet. In 2004, Ms. Tease filed the first lawsuit in the State of Montana to be brought under the Anticybersquatting Consumer Protection Act.

Intellectual Property Audits
Ms. Tease has conducted numerous IP audits. Her IP audits cover patents, trademarks, copyrights, trade secrets, licensing, and contracts involving intellectual property. The deliverable is a comprehensive, written IP audit report with specific action items. For more on IP audits, click here.

Intellectual Property Litigation
Ms. Tease has successfully represented clients as both plaintiffs and defendants in cases involving patent infringement, trademark infringement, and misappropriation of trade secrets. One of Ms. Tease's more prominent intellectual property cases was a trademark infringement and dilution case in which Ms. Tease represented Credit Suisse First Boston. The case obtained front-page coverage in the Helena Independent. (Please see the Media Quotes page for a complete copy of this article.)  Ms. Tease also filed the first anticybersquatting case in the state of Montana.  She has represented clients in cases presenting cutting-edge issues, such as the copyrightability of dinosaur bones.  Ms. Tease has testified as an expert witness on issues pertaining to patent law and practice in multiple cases.  Her curriculum vitae is here.

In addition to handling numerous cases before the Trademark Trial and Appeal Board, Ms. Tease has acted as lead counsel in the following intellectual property cases:

Lifetime Brands, Inc. v. Ruby Compass LLC, Case No. 2:18-cv-2410 (E.D.N.Y. 2018) (trademark infringement)

D3 LED, LLC v. Revolution Display, LLC, Case No. 2:18-cv-02690 (C.D. Cal. 2018) (patent infringement)

Pinnacle Construction v. Pinnacle Roofing LLC, Case No. 18-CV-35-S (D. Wyo. 2018) (trademark infringement)

Concrete Log System, Inc. v. Better Than Logs, Inc., Case. No. 9:18-cv-00034-DWM (D. Mont. 2018) (patent infringement and unfair competition)

Proof Research, Inc. v. McGowen Precision Barrels, LLC, Case No. 9:17-cv-00173-DLC (D. Mont. 2017) (trade dress infringement)

D3 LED, LLC v. Edge I&D Co., Ltd., Civil Action No. 1:17-cv-2604 (D.D.C. 2017) (trademark infringement)

D3 LED, LLC v. D3 Technologies Limited, Case No. 1:17-cv-01836 (E.D.N.Y. 2017) (trademark infringement)

Eastmans' Publishing, Inc. v. Chyrst, Case ID 16364 (JAMS arbitration 2014) (covenant not to compete)

Bozeman Deaconess Real Estate Development Corp. v. BMW, LLC, Case No. 1:2014-cv-00068-SPW (D. Mont. 2014) (trademark infringement)

OEM Group Incorporated v. ClassOne Equipment Incorporated, Case No. 2:13-cv-02409-NVW (D. Ariz. 2013) (patent infringement)

Trebro Manufacturing, Inc. v. Firefly Equipment, LLC, Case No. 1:13-cv-00036-SHE (D. Mont. 2013) (patent and copyright infringement)

Trebro Manufacturing, Inc. v. Firefly Equipment, LLC, Case No. 13-1437 (Fed. Cir. 2013) (patent and copyright infringement)

Telemedicine Solutions LLC v. WoundRight Technologies, LLC, Case No. 1:13-cv-03431 (N.D. Ill. 2013) (trademark infringement)

G5 Outdoors, LLC v. Archer Xtreme, LLC, Case No. 2:13-cv-10264-PDB-DRG (E.D. Mich. 2013) (patent infringement)

Archer Xtreme, LLC v. G5 Outdoors, L.L.C., Case No. 1:13-cv-00008-DLC (D. Mont. 2013) (patent infringement)

Archer Xtreme, LLC v. Black Gold, Inc., Case No. 1:13-cv-00009-DLC (D. Mont. 2013) (patent infringement) Incorporated v. Vanity Shop of Grand Forks Incorporated, Case No. 2:12-cv-01446-JAT (D. Ariz. 2012) (domain name/trademark infringement) Incorporated v. Vanity Shop of Grand Forks Incorporated, Case No. 2:12-cv-02120-JAT (D. Ariz. 2012) (domain name/trademark infringement), Inc. v. Vanity Shop of Grand Forks, Inc., Case No. 3:12-cv-02912-SI (N.D. Cal. 2012) (domain name/trademark infringement)

Vanity Shop of Grand Forks, Inc. v. Levi Strauss & Co., Case No. 1:12-cv-00047-DLH-CSM (D.N.D. 2012) (trademark infringement)

Levi Strauss & Co. v. Vanity Shop of Grand Forks, Inc., Case No. 3:12-cv-02292-RS (N.D. Cal. 2012) (trademark infringement)

The Natural Baby Company v. Cotton Babies, Case No. 1:12-cv-00130-RFC (D. Mont. 2012) (patent infringement)

Black Hills Institute of Geological Research v. Fort Peck Paleontology, Case No. 4:10-cv-00076-SEH (D. Mont. 2010) (copyright infringement)

GeoTag Inc. v Georgio Armani SPA, Case No. 2:10-cv-00569-JRG (E.D. Tex. 2010) (patent infringement)

Minkus Electronic Display Systems Inc. v. D3 LED LLC, Case No. 1:10-cv-00666-SLR (D. Del. 2010) (patent infringement)

American Foods Group, LLC v. US Omega3 Foods LLC, Case No. 1:10-cv-00145-RFC (D. Mont. 2010) (trademark infringement)

Scentry Biologicals, Inc. v. Jeffrey White, Case No. 05-2-10889-4SEA (Wash. Sup. Ct. 2005) (misappropriation of trade secrets)

Suterra LLC v. Scentry Biologicals Inc., Case No. 2:05-cv-01280-MRP-PJW (C.D. Cal. 2005) (patent infringement)

Fleetwood Manufacturing, Inc. v. Rocky Mountain Technology Group, Inc., Case No. DV 00-1085 (Mont. Dist. Ct. 2001) (breach of software development agreement)

Credit Suisse First Boston v. Bengt I. Stenbock, Case No. 6:97-cv-00042-CCL (D. Mont. 1997) (trademark infringement)

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