Biography

A Fellow of the American College of Trial Lawyers, Ed has been successfully advocating on behalf of both plaintiffs and defendants in courtrooms for nearly 40 years. He began his legal career as a Special Assistant Attorney General with the Office of the Minnesota Attorney General, where he first-chaired both civil and criminal trials and appeals. Today, Ed focuses his practice on resolving intellectual property and business disputes for his clients.

Over the course of his career, Ed has tried cases involving patent infringement, contract and uniform commercial code issues, fraud, acquisition earn-out and accounting disputes, insurance coverage and bad faith, distributor relationships and employment discrimination claims. He has handled more than 30 cases on appeal and is also experienced in resolving disputes through arbitration.

Representative Matters

  • Following discovery and successful summary judgment proceedings, obtained an eight-figure settlement in a case involving ownership rights to patents for smartphones.
  • Shaunnessey v. Monteris Medical — Successfully moved to dismiss a patent infringement action brought against the defendant, which was in the process of seeking regulatory approval for a medical device designed to treat brain tumors. The court determined the safe harbor found in 35 U.S.C. § 271(e)(1) was applicable and there was no actual controversy within the meaning of the Declaratory Judgment Act.
  • Engineered Products v. Donaldson — Secured a jury verdict for the plaintiff in a patent infringement suit involving air filter monitors. The jury found infringement and that the infringement was willful. The request for enhancement was granted, resulting in an $18 million damage award. All requested attorneys’ fees were also awarded.
  • Datascope v. Vascular Solutions — Represented the plaintiff in a patent infringement case involving vascular sealing. Achieved a $3.75 million settlement following summary judgment in favor of the client on issues of validity, enforceability and infringement.
  • Represented IMI Americas Inc. in a two-week commercial arbitration arising out of an acquisition. Awarded $11 million in favor of the client.
  • Augustine Medical, Inc. v. Blue Ridge Anesthesia & Critical Care — Represented a manufacturer in a dispute with a distributor. Summary judgment was granted in favor of the manufacturer, which was affirmed on appeal.
  • Northwest Airlines v. Metropolitan Airports Commission — Represented MAC in a suit by Northwest Airlines concerning lease rates at reliever airports. Obtained dismissal in favor of the client, which was affirmed on appeal.
  • Walker v. Fingerhut — Represented Fingerhut in a consumer class action involving allegations that contracts were usurious. Summary judgment in favor of the defendant was granted, which was affirmed on appeal.
  • Anderson v. Augustine Medical, Inc. — Secured a jury verdict on behalf of the defendant in a case involving allegations of age and disability discrimination.
  • Brancheau v. Residential Mortgage — Represented the defendant in a case involving allegations under the Real Estate Settlement Procedures Act. Achieved decertification of the class action status, and summary judgment was granted in favor of the defendants.
  • Family Health Care Connection v. Sandoz Nutrition Corp. — Represented the respondent in a week-plus commercial arbitration involving a distributorship agreement. Secured an award in favor of the client.
  • Northfield Ins. Co. v. St. Paul Surplus Lines — Successfully defended an insurer in an action involving allegations of bad faith.
  • Maness v. Star-Kist Foods, Inc. — Represented an employer at trial and on appeal with respect to allegations of wrongful discharge and retaliation.

Before Fox Rothschild

Prior to joining Fox, Ed was a partner at Oppenheimer Wolff & Donnelly LLP. While in law school, he was a member of the Iowa Law Review and the Order of the Coif.

Honors & Awards

  • Included in the list of “Best Lawyers in America” for Litigation, Intellectual Property and Patent Litigation (2011-2017)
  • Included in the list of “Minnesota’s Top Rated Lawyers” (2014)
  • Included in a list of “Super Lawyers” by Super Lawyers Magazine as a Top 40 Intellectual Property Attorney (2010-2014)