U.S. District Courts for Massachusetts, New Hampshire, Vermont and the Eastern District of Michigan
U.S. Courts of Appeals for the Federal and First Circuits
U.S. Patent and Trademark Office
Mr. Gates focuses his practice on patent litigation, trademark litigation, unfair competition litigation, commercial litigation and other civil litigation.
Trademark and Unfair Competition Litigation:
- Gallagher et al. v. Funeral Source One Supply and Equipment Co., Inc. and Affordable Funeral Supply, LLC , Case No. 14-cv-115 (District of New Hampshire): Representing defendants against allegations of infringement of U.S. Design Patent No. D460,174, obtaining court order denying plaintiffs’ motion to dismiss counterclaim under New Hampshire’s Consumer Protection Act based on allegations of abusive litigation practices.
- Venmill Industries, Inc. v. ELM, Inc. , Case No. 4:14-cv-40064 (District of Massachusetts): Assisted Japanese company in obtaining dismissal of declaratory judgment action filed against it.
- Media Digital Inc. v. VIZIO Inc., Case Nos. 13-cv-57 and 12-cv-313 (District of New Hampshire): Represented defendant against allegations of infringement of U.S. Patent No. 6101324 entitled “computer touch screen radio station control system” and obtained favorable claim construction order resulting in dismissal of plaintiff’s claims against client.
- Optim LLC v. Sunoptic Technologies LLC, Case No. 13-cv-13127 (District of Massachusetts): Represented Massachusetts-based company that develops; manufactures and supports state-of-the-art endoscopy products and accessories in patent litigation involving its U.S. Patent Nos. 7229201 and 7798692.
- Troy v. Samson Mfg. Corp., Case No. 13-1565 (U.S. Court of Appeals for the Federal Circuit): Representing appellee relative to appeal of interference decision pursuant to 35 U.S.C. § 146.
- GPNE Corp. v. Apple Inc., Case No. 12-cv-02885 (Northern District of California): Represented Hawaiian company in patent litigation involving its U.S. Patent Nos. 7555267 7570954 and 7792492.
- Samson Mfg. Corp. et al. v. Austin Precision Products Inc. d/b/a Larue Tactical., Case No. 09-cv-30027 (District of Massachusetts): Assisted client in obtaining a favorable claim construction ruling concerning U.S. Patent No. 7356152.
- NetView Technologies Inc. v. Microsoft Corporation, Case No. 09-cv-12072 (District of Massachusetts): Represented Massachusetts-based company in patent litigation involving its U.S. Patent No. 7251776.
- Insight Technology Inc. v. Surefire LLC, Case No. 04-cv-00074 (District of New Hampshire): Assisted in client’s defense against allegations of infringement of U.S. Patent No. 6574901.
- RR Auction Company, LLC v. Johnson, Case No. 1:15-cv-00199 (District of New Hampshire): Represented plaintiff in complaint alleging violations of the Anticybersquatting Consumer Protection Act, the Lanham Act, and the New Hampshire Consumer Protection Act, and other state law claims.
- Xen Inc. v. Citrix Systems Inc., Case No. CV11-09568 (Central District of California): Assisted Citrix Systems Inc. in trademark litigation to protect its registered XEN trademarks.
- Charm Step/Easy Street Sales Corporation v. Rack Room Shoes Inc. et al, Case No. 09-cv-11787 (District of Massachusetts): Represented New Hampshire-based company in litigation alleging willful trademark infringement of its common law mark “Easy Street” in the footwear market.
Commercial and Other Civil Litigation:
- Jenkins v. Elnaccash, Docket No. 306-11-14 Oscv (Vt. Superior Court, Civil Division (Orleans County)): Represented plaintiff in action for partition of real estate, breach of oral contract and unjust enrichment, resulting in settlement.
- Bookas v. Liakakos, Case Nos. 226-2014-CV-00137 and 226-2014-CV-00475 (N.H. Superior Court (Hillsborough County – South)), aff’d, Case No. 2014-0764 (N.H. Supreme Court): Represented defendant against claims of fraud and conversion, successfully obtaining dismissal of all claims, affirmed by the New Hampshire Supreme Court.
- Medicus Healthcare Solutions LLC v. Mastrangelo, Case No. 218-2012-CV-00800 (N.H. Superior Court (Rockingham County)): Represented dissenting unit-holder in litigation obtaining favorable orders on partial summary judgment concerning the inapplicability of minority and lack of marketability discounts in the assessment of fair value of non-voting units in an LLC.
- Troy Industries Inc. v. Samson Mfg. Corp., Case No. 213-2012-CV-00295 (N.H. Superior Court (Cheshire County)): Defended client in action for domestication of a Massachusetts judgment including issue of which state’s interest rate would apply post-filing in New Hampshire.
- Laquerre v. Embrace Home Loans Inc. et al, Case No. 11-01040 (U.S. Bankruptcy Court for the District of New Hampshire): Defended client against alleged violations of the Truth in Lending Act.
- Bertelli v. Ocean Industries LLC d/b/a Acu-Gage Systems, Case No. 217-2010-cv-00547 (N.H. Superior Court (Merrimack Business & Commercial Dispute Docket)): Represented a New Hampshire-based company relative to a dispute over restrictive covenants in an employment relationship.
- Mr. Gates was the chair of the New Hampshire Bar Association’s Intellectual Property Section (2013-2014). Previously, he served as the Section’s clerk and acting vice president (2012-2013). Since 2014, he has served on the NHBA’s Committee on Cooperation with the Courts, a committee with both Bench and Bar representation that monitors the rules, practices and procedures of the New Hampshire courts and serves as a conduit for information and discussion about such matters between Association members and other entities within the organization and the profession.
- Mr. Gates serves on the Board of Directors of PGSS Campaign, Inc., a registered 501(c)(3) non-profit educational organization whose mission is to advance Pennsylvania high-school students’ interest in and knowledge of science and math through a 5-week summer residential program that nurtures scientific thinking, scholarly collaboration and interpersonal connections.
- Mr. Gates started his career as a litigation associate at Downs Rachlin Martin PLLC in Vermont.
- J.D., cum laude, The Dickinson School of Law of The Pennsylvania State University, 2005
- B.S., The Pennsylvania State University, 2002
- Mr. Gates was selected to the Massachusetts Rising Stars list (2014-2015) for Intellectual Property Litigation.
- Mr. Gates received the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.
- Mr. Gates received the CALI Award in Environmental Litigation.
Recent Articles and Publications:
Intellectual Property Law: The 4-1-1 of 2-8-5: Attorney’s Fees Awards in Patent Cases
New Hampshire Bar Association, June 17, 2015
Using Google Advanced Search
New Hampshire Bar Association, June 17, 2015
Today’s U.S. Supreme Court Decision in Alice Case: What You Need to Know
Intellectual Property Update, June 2014
Intellectual Property Law: Reasons to Litigate Patent Disputes in the District of NH
New Hampshire Bar News, June 21, 2013
Intellectual Property Law: Severance Of Patent Litigation Defendants in a Post-AIA Legal Landscape
New Hampshire Bar News, June 15, 2012
Intellectual Property Law (First Circuit Decisions)
Annual Review of Developments in Business and Corporate Litigation, 2010-2014 Editions
Zachary Gates has co-authored a chapter in the past five editions of this annual publication.
Obeying the ‘Speed’ Limit
13 PENN. ST. ENVTL. L. REV. 173, 2005
Framing the Appropriate Role of EPA Criminal Enforcement Actions against Clandestine Drug Laboratory Operators in Light of the Methamphetamine Anti-Proliferation Act of 2000
American Bar Association’s Business Law Section Webinar, 11.1.2013
Topic: Litigating Valuation Issues: Make Sure It's Worth Something If You're Going to Fight About It
Lakes Creative Economy Program, 10.22.2013
Location: Laconia, NH
Topic: Intellectual Property Basics
American Bar Association Business Law Section Spring Meeting, 4.6.2013
Location: Washington, D.C.
Topic: Valuation Considerations In Intellectual Property Litigation
Boston Bar Association Event, 12.8.2011
Location: Boston, MA
Topic: Basics of Intellectual Property Practice
West LegalEdcenter Webinar, 6.22.2011
Topic: Patent Infringement after the Global-Tech Supreme Court Decision