Mr. Zachary’s practice focuses on intellectual property matters. He has represented clients in patent infringement litigation involving electronics devices, medical devices (such as cardiac stents, ultrasound and various ophthalmic devices), scientific instruments, e-commerce and computer software, among other areas. In addition, he has represented clients in trademark, domain name, key word, false advertising, trade secret, copyright and other unfair competition matters. He also has counseled clients on intellectual property strategies, and represented clients in licensing negotiations, IP due diligence, and patent review for product clearance.
Education
- J.D., cum laude, Harvard Law School, 1983
- B.A., History, cum laude, Columbia University, 1978
Professional Experience
- Christensen O’Connor Johnson Kindness PLLC, Seattle, WA
Member, 2010 to present - Prior to joining Christensen O’Connor Johnson Kindness, Mr. Zachary was a partner at Klarquist Sparkman (Seattle), which he joined in 2002. Mr. Zachary began his legal career at Morrison & Foerster in California, where he became a partner in 1989.
Bar & Court Admissions
- Bar Admissions: Washington, Oregon, California
- Appeals Courts: Federal Circuit, Ninth Circuit
- District Courts: WDWA, EDWA, D. Or., N.D. Calif., C.D. Calif., S. D. Calif., E.D. Calif., D.N.M., D.D.C. Pro Hac Vice Admissions: EDVA, D. Colo., EDTX, D. Nev.
Professional Affiliations
- American Bar Association – Litigation Section
- King County Bar Association – IP Section
- Washington State Patent Law Association
- Federal Bar Association
Representative Litigation
CollegeNET, Inc. v. The College Network, Inc., (D. Or. 2009)
Suit for trademark infringement based on use of trademarks as key words, and confusingly similar domain name. Case settled favorably after extensive discovery.
Flexiworld v. Skype. (WDWA 2008)
Defended patent infringement suit relating to VOIP. Case was dismissed prior to any substantial discovery.
Wacom v. Hanwang (WDWA 2006)
Suit for infringement of six patents related to digitizer circuitry, for false marking, and for unfair competition. Suit reached a favorable settlement on the verge of trial, after extensive deposition and motion practice.
CollegeNET, Inc. v. XAP Corporation, (D. Or. 2006)
False advertising and patent infringement suit. Patents related to online forms and internet technology. Obtained novel ruling that false promises regarding privacy practices could constitute a Lanham Act violation. Case settled favorably following trial and judgment.
CollegeNET, Inc. v. ApplicationsOnline, (D. Or. 2005)
Suit for patent infringement and fraudulent conveyance. Case settled favorably after extensive discovery and motion practice.
Soverain v. Amazon.com, (EDTX 2005)
Defended suit for infringement of patent related to internet security and SSL. Case settled favorably, before trial.
Slocum Enterprises v. New Generation Devices, (D. Or. 2004)
Patent infringement suit dismissed for lack of personal jurisdiction. Affirmed by the Federal Circuit on appeal.
Cordis Corp. v. Boston Scientific Corp., (D. Del. 2002)
Defense jury verdict of non-infringement on one set of patents relating to cardiac stents, and a judgment by the court that the patents were unenforceable for inequitable conduct. (Note: the inequitable conduct ruling was later reversed and remanded for further findings.)