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  1. Lawyers
  2. Jan Conlin
Jan Conlin
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Jan M. Conlin

Partner;
Chair, Business Litigation Group;
Member of the Executive Board
jmconlin@rkmc.com 612.349.8218 vCard Address
    • Minneapolis
    • 800 LaSalle Avenue
    • 2800 LaSalle Plaza
    • Minneapolis, MN 55402-2015

Practice Areas

  • Business Litigation
  • Intellectual Property Litigation
  • International Arbitration
  • Trademark Infringement Litigation
  • Corporate Governance and Special Situations
  • Education
    • University of Minnesota Law School, J.D., cum laude (1988)
    • University of St. Thomas, B.A., magna cum laude (1985)
  • Professional Associations
    • American Intellectual Property Law Association (AIPLA)
    • Minnesota Intellectual Property Law Association (MIPLA)
    • Minnesota State Bar Association (MSBA)
    • American Bar Association (ABA)
  • Bar Admissions
    • Minnesota
    • North Dakota
    • U.S. District Court, Western District of Michigan
    • U.S. Court of Appeals, Eighth Circuit
    • U.S. Court of Appeals, Federal Circuit
    • U.S. Court of Appeals, Fifth Circuit
    • U.S. Court of Appeals, First Circuit
    • U.S. District Court, Eastern District of Michigan
    • U.S. District Court, Eastern District of Wisconsin
    • U.S. District Court, Minnesota
    • U.S. Supreme Court
  • Experience

    Jan Conlin has a long record of participating in and leading high-stakes intellectual property and business-critical litigation. Ms. Conlin concentrates her practice on representing both individuals and corporate clients in complex patent infringement matters, trademark infringement, commercial litigation and international arbitrations. Known for her trial and examination skills, Ms. Conlin uses her well-honed expertise in the areas of trial strategy and risk assessment to find unique business resolutions for litigation-based conflicts of all sizes.

    Ms. Conlin has been named to BTI's esteemed "Client Service All-Star Team" four times (2007, 2009, 2011, 2013)—an honor rarely given more than once. Other key industry recognitions include:

    • Named one of the “Top 250 Women in Litigation,” Benchmark Litigation (2013)
    • Minnesota Lawyer's "Attorney of the Year" (2008)
    • “Minnesota Super Lawyer” (2003, 2005-2012), “Top 100 Women Super Lawyer” (2005-2009),
      “Top 50 Women Super Lawyer” (2011-2012), and “Top 40 Intellectual Property Super Lawyer” by Super Lawyers
    • Named one of the "25 Women Industry Leaders" by Minneapolis/St. Paul Business Journal (2007)
    • Named to "3000 Leading Plaintiff Lawyers in America" by Lawdragon (2007)
    • Consistently listed in "The Best Lawyers in America" (2007-2012 editions)

    Ms. Conlin has multiple nine-figure patent infringement and business litigation representations including a $520.6 million verdict against Microsoft in 2004, a $400 million settlement for Pitney Bowes Inc. in a patent dispute against Hewlett-Packard in 2001, and the 2009 defeat of a $100 million breach of licensing claim, where she earned a unanimous defense verdict as well as an award of attorney's fees for her client.

    Ms. Conlin's national practice includes a diverse range of technologies and industries, including the Internet, computer hardware, software and software systems, avionics, medical devices and applications, personal care and patent-protected beauty technologies, and she is a frequent speaker on practice and leadership topics.

    A member of the Robins, Kaplan, Miller & Ciresi L.L.P. Executive Board, Ms. Conlin also helped create the firm's award-winning professional development program.

    In addition, Ms. Conlin is extensively involved in the community and she has provided many hours of service to the organizations she supports. Her volunteer activities include multiple board-leadership positions including Board Trustee, The Minneapolis Foundation; Board of Directors, Catholic Charities; Board Member, Minnesota Orchestral Association; Vice-Chair, St. Thomas Law School; past Chair, Minnesota State Bar Association, Civil Litigation Section Governing Council; past Chair, University of Minnesota Law School, Board of Visitors.

  • Recognition*

    Show All
    • Named an “IP Star,” IP Stars (2013)
    • Recipient of the “Client Choice Award USA & Canada for Litigation in Minnesota,” Lexology (2013)
    • Named one of the “Top 250 Women in Litigation,” Benchmark Litigation (2013)
    • Selected as one of the “Top Rated Lawyers in International Law & International Trade,” American Lawyer Media (2012)
    • Named a “Litigation Star,” Benchmark Litigation (2011-2013 editions)
    • Named by Minnesota Lawyer as one of its “Attorneys of the Year” (2008)
    • Named one of the “25 Women Industry Leaders,” Minneapolis/St. Paul Business Journal (2007)
    • Named a “500 Leading Lawyers in America Finalist,” Lawdragon (2007)
    • Named a “Minnesota Super Lawyer” (2003, 2005-2012), “Top 100 Women Minnesota Super Lawyer” (2005-2009), and “Top 50 Women Minnesota Super Lawyer” (2011-2012) by Super Lawyers
    • Named to  “The BTI Client Service All-Star Team” (2007, 2009, 2011, 2013)
    • Named to “3000 Leading Plaintiffs’ Lawyers in America,” Lawdragon (2007)
    • Listed in The Best Lawyers in America (2007-2013 editions)
    • Named “Top 40 Intellectual Property Super Lawyer” by Super Lawyers

     
    *Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.

  • Selected Case Results**

    Show All

    Represents the White Bear Lake Restoration Association against the Minnesota DNR in an action under the Minnesota Environmental Rights Act seeking to prevent further destruction and impairment of White Bear Lake and the underlying aquifer region.

    Representing mineral rights owners in a putative class action against the State of North Dakota and others for the alleged unlawful taking of mineral interests along navigable waters in the State.  Ms. Conlin's clients claim that the State and others have wrongfully claimed title to their mineral interests and wrongfully leased those interests for the extraction and production of oil and gas.

    Represented Efficient Drivetrains, Inc. in a dispute with Toyota Motor Corp. regarding a portfolio of fuel-efficient technology patents for hybrid and plug in hybrid vehicles.  The dispute was resolved on February 21, 2012 when a confidential agreement was reached, providing Toyota with freedom to operate.

    Defended Philips Beverage Company in 2009 against a $100 million claim for alleged breach of Belvedere vodka licensing agreements brought by French multi-national seller of luxury goods, Moet Hennessy Louis Vuitton and obtained a complete and unanimous defense verdict and an award of fees from the three member panel.

    Acted as trial counsel in Eolas Technologies, Inc. and The Regents of the University of California v. Microsoft Corporation: Represented Eolas and the University of California in patent infringement action involving web browser technology for the delivery of interactive applications embedded in web pages. Obtained jury verdict in favor of plaintiffs in the amount of $520.6 million and judgment was entered for $565,894,868 which included prejudgment interest.  The Federal Circuit affirmed the finding of infringement and the damages award, and ordered that Microsoft's invalidity and inequitable conduct defenses be retried.  The case settled on a confidential basis four days before the start of the invalidity retrial.

    Mirant Corp. v. NRG Energy Inc.: Defended NRG Energy Inc. in a highly-publicized lawsuit filed by Mirant Corp in Delaware Chancery Court involving NRG's rejection of Mirant's $8 billion unsolicited takeover bid. The case was dismissed upon defendant's motion.

    Represented Great Clips, Inc., the largest single-brand hair salon in North America, in a 2010 trademark infringement case brought by Great Cuts, Inc. and established through trial court and court of appeals rulings Great Clips' right to use its longstanding trademarked name in its national expansion. 

    Represented Pitney Bowes Inc. in numerous intellectual property and commercial matters, including a significant patent infringement dispute against Hewlett-Packard regarding laser jet printers, which resulted in a $400 million settlement award and the rights to critical intellectual property.

    Successfully defended Pitney Bowes in a patent trial involving five patents relating to data transfer.  Jury found all five patents invalid and the Federal Circuit summarily affirmed.

    Obtained a $96.3 million verdict for Honeywell Inc. in a patent infringement suit against Minolta, which prompted subsequent cases against others in the industry resulting in total royalties approaching $500 million.

    Defended Northwest Airlines in a patent infringement suit relating to GPS and avionics technology.   Following targeted and key discovery, the case was dismissed upon the plaintiff's motion.

    Represented Medtronic in a commercial litigation dispute involving sale of certain assets by Elan Pharmaceuticals which were subject to an agreement with Medtronic.  Case settled after initial discovery and mediation.

    Defended Estee Lauder in a putative class action which was dismissed with prejudice prior to class certification.

    Obtained a multi-million dollar judgment as trial counsel for TriStrata Technology, Inc. in a patent infringement litigation against Mary Kay Inc. relating to alpha-hydroxy acid anti-aging skin technology.  The Federal Circuit summarily affirmed final judgment of over $43 million.

    Successfully defended General Electric Company in several patent and complex business and commercial litigation matters, including defending the client in a significant patent infringement action brought by General Motors Company involving diesel locomotive engines. Summary judgment of invalidity due to on-sale bar was upheld by the Federal Circuit.

    **Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

  • Community Service

    Show All
    • The Minneapolis Foundation, Board of Trustees (2009-present)
    • Minnesota Orchestral Association, Board Member (2005-present)
    • Catholic Charities, Board Member (2006-2011, term completed), Chair, Development Committee (2009)
    • University of St. Thomas Law School, Board of Governors (2007-present)
    • Minnesota State Bar Association, Civil Litigation Section Governing Council (2001-2009, term completed), Chair (2008-2009)
    • University of Minnesota Law School, Board of Visitors (2007-June 2011, term completed), Chair (2009)
    • Advocates for Human Rights, Women's Advisory Council
  • Publications and Speeches

    Show All

    Publications

    • A yardstick, threshold or escape hatch?
      Minnesota Lawyer (March 11, 2013)
    • Litigation: 5 things your outside counsel won't tell you
      Inside Counsel (November 9, 2012)
    • Litigation: What You Do-And Don't-Know About Your Company's Foreign Activities Can Hurt You
      InsideCounsel (October 11, 2012)
    • Litigation: Keeping That Corporate Privilege
      InsideCounsel (September 27, 2012)
    • Litigation: Predictive Coding's Grand Debut
      InsideCounsel (September 13, 2012)
    • Apple Win: Strong Story and Strong IP Portfolio
      Minnesota Lawyer (August 31, 2012)
    • Litigation: Knowing What's Next For In-House Counsel
      InsideCounsel (August 30, 2012)
    • Bakken Boom: A North Dakota Mineral Rights Primer
      Law360 (August 8, 2012)
    • Trial Tactics in International Arbitrations
      ExecutiveCounsel (February/March 2012)
    • Proving Royalty-Based Patent Infringement Damages In A Post-Uniloc World
      2011 AIPLA Spring Meeting (May 12-14, 2011) (co-authored)
    • Litigation Management, Chapter 2: Litigation from the Plaintiff’s Perspective
      Law Journal Press (2010)
    • Case Strategies to Succeed in the Changing World of Patent Litigation
      "Inside the Minds" - Aspatore Books (2010)
    • What CEOs Should Know About Licensing
      Executive Counsel, Vol. 4 No. 6 (November/December 2007) (co-authored)
    • Willfulness Standard: Is There a Bright Line?
      BNA's Patent, Trademark & Copyright Journal, Vol. 74, No. 1827 (July 20, 2007)
    • Name Your Company Witness
      The National Law Journal (May 9, 2007)
    • The Patent Files
      Chief Executive (June 1998) (co-authored)
    • Trying the Complex Case in the United States
      The Litigator, Eng. (1995) (with Michael Ciresi)
    • Technology in the Courtroom
      Trial (September 1992) (with Michael Ciresi)

    Speeches

    • Trends Inside the Courtroom
      2012 Intellectual Property Institute, Kansas Bar Association, Overland Park, Kansas (May 4, 2012)
    • Master Trial Lawyers Practice Series: Motion Practice
      Hennepin County Bar Association, Minneapolis, Minnesota (September 12, 2011)
    • The Royal Flush: Recent Developments Concerning Royalties and the Entire Market Rule
      American Intellectual Property Law Association, San Francisco, CA (May 12, 2011)
    • Medical Device Patent Litigation
      Minnesota State Bar Association, Minneapolis, MN (April 6, 2011)
    • Best Practices and Common Mistakes
      Hennepin County Bar Association, Minneapolis, Minnesota (May 6, 2010)
    • We're Number 1! How Minnesota's Women Worked to Achieve the State's Top Civic Ranking
      League of Women Voters, University of St. Thomas Law School, and Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, Minnesota (April 9, 2010)
    • Challenging Gender Bias with Positive Role Models in Theater Society and Law Panelist
      Guthrie Theater and West LegalEdcenter, Minneapolis, Minnesota (March 3, 2009)
    • What I Wish I'd Known Then That I Know Now: A Panel of Seasoned Litigators Tells All
      Moderator, MSBA Civil Litigation and New Lawyers Sections (February 3, 2009)
    • Experts Tackle Four Tough Patent Litigation Issues
      Moderator - The 2008 Midwest Intellectual Property Institute, Minneapolis, MN (September 25, 2008)
    • First Chair Forum for Private Practitioners-Litigators and Advisors and First Chair Forum for In-House Counsel-Advisors and Litigation Managers
      Panel Member - The 2008 Midwest Intellectual Property Institute, Minneapolis, MN (September 25, 2008)
    • Intellectual Property Issues in the Development and Use of Global Navigation Satellite Systems GNSS and Services
      Panel Member - Institute of Navigation GNSS, Savannah, GA (September 16-19, 2008)
    • Patent Infringement Litigation
      Patent Resources Group, Hyatt Regency Coconut Point, Bonita Springs, FL (April 3-5, 2008)
    • The Litigator's Perspective - Top 10 Tips for Patent Prosecution
      Minnesota State Bar Association, Minneapolis, MN (March 5, 2008)
    • The 2007 Midwest Intellectual Property Institute Judges' Panel for Outside Counsel (Moderator)
      Minneapolis, MN (September 27, 2007)
    • Patent Infringement Litigation
      Patent Resources Group, Hyatt Regency Grand Cypress, Orlando, FL (April 16-18, 2007)
    • Patent Infringement Litigation
      Patent Resources Group, Hyatt Regency Coconut Point, Bonita Springs, Florida (April 6-8, 2006)
    • Trends Inside the Courtroom
      2012 Intellectual Property Institute, Kansas Bar Association, Overland Park, Kansas (presented with Patrick M. Arenz) (May 4, 2012)
    • Master Trial Lawyers Practice Series - Motion Practice
      Hennepin County Bar Association, Minneapolis, Minnesota (September 12, 2011)
    • The Royal Flush: Recent Developments Concerning Royalties and the Entire Market Rule
      American Intellectual Property Law Association, San Francisco, California (May 12, 2011)
    • Medical Device Patent Litigation
      Minnesota State Bar Association, Minneapolis, Minnesota (April 6, 2011)
    • Best Practices and Common Mistakes
      Hennepin County Bar Association, Minneapolis, Minnesota (May 6, 2010)
    • We're Number 1! How Minnesota's Women Worked to Achieve the State's Top Civic Ranking
      League of Women Voters, University of St. Thomas Law School, and Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, Minnesota (April 9, 2010)
    • Challenging Gender Bias with Positive Role Models in Theater, Society, and Law (Panelist)
      Guthrie Theater and West LegaEdcenter, Minneapolis, Minnesota (March 3, 2009)
    • What I Wish I'd Known Then That I Know Now: A Panel of Seasoned Litigators Tells All
      MSBA Civil Litigation and New Lawyers Sections (February 3, 2009)
    • Experts Tackle Four Tough Patent Litigation Issues
      Moderator - The 2008 Midwest Intellectual Property Institute, Minneapolis, Minnesota (September 25, 2008)
    • First Chair Forum for Private Practitioners-Litigators and Advisors and First Chair Forum for In-House Counsel-Advisors and Litigation Managers
      Panel Member - The 2008 Midwest Intellectual Property Institute, Minneapolis, Minnesota (September 25, 2008)
    • Intellectual Property Issues in the Development and Use of Global Navigation Satellite Systems (GNSS) and Services
      Panel Member - Institute of Navigation GNSS, Savannah, Georgia (September 16-19, 2008)
    • Patent Infringement Litigation
      Patent Resources Group, Hyatt Regency Coconut Point, Bonita Springs, Florida (April 3-5, 2008)
    • The Litigator's Perspective - Top 10 Tips for Patent Prosecution
      Minnesota State Bar Association, Minneapolis, Minnesota (March 5, 2008)
    • The 2007 Midwest Intellectual Property Institute Judges' Panel for Outside Counsel (Moderator)
      Minneapolis, Minnesota (September 27, 2007)
    • Patent Infringement Litigation
      Patent Resources Group, Hyatt Regency Grand Cypress, Orlando, FL (April 16-18, 2007)
    • Patent Infringement Litigation
      Patent Resources Group, Hyatt Regency Coconut Point, Bonita Springs, Florida (April 6-8, 2006)
    • The Year in IP Litigation
      Faculty Member - The 2005 Midwest Intellectual Property Institute, Minneapolis, Minnesota (September 27-28, 2005)
    • NITA North Central Regional Advocacy Program
      Faculty Member - William Mitchell College of Law, St. Paul, Minnesota (September 19-20, 2005)
    • Ten Considerations for Winning Patent Cases
      78th Annual Meeting of the State Bar of California, San Diego, California (September 8-11, 2005)
    • Time’s Up – Statutes of Limitations in Minnesota for Civil Litigators
      2005 Minnesota State Bar Association Convention, Madden’s Resort in Brainerd, Minnesota (June 17, 2005) 
    • Patent Infringement Litigation
      Faculty Member - Patent Resources Group  (April 17-19, 2005)
    • Ten Considerations for Winning Patent Cases
      29th Annual Intellectual Property Institute sponsored by The Intellectual Property Law Section of the State Bar of California, Anaheim, California (November 5-6, 2004)
    • The Year in IP Litigation
      Faculty Member - The 2004 Midwest Intellectual Property Institute, Minneapolis, Minnesota (October 7-8, 2004)
    • Patent Infringement Litigation
      Faculty Member - Patent Resources Group (May 1-3, 2003)
    • Intellectual Property 2003
      Minnesota Institute for Legal Education, Minneapolis, Minnesota (March 5, 2003)
    • Basic Patent Infringement Litigation
      Faculty Member - Patent Resources Group (May 2-4, 2002)
    • Basic Patent Infringement Litigation
      Faculty Member - Patent Resources Group, Naples, Florida (April 13-15, 2000)
    • Basic Patent Infringement Litigation
      Faculty Member - Patent Resources Group, Miami, Florida (April 25-27, 1999)
    • Settlement Strategies in International Patent Litigation
      Faculty Member - Second Annual Conference on Intellectual Property in the Global Marketplace, Oregon Law Institute of Northwestern School of Law of Lewis & Clark College, Portland, Oregon (October 23, 1998)
    • The Trial Lawyer’s Approach to Winning Patent Cases
      Robins, Kaplan, Miller & Ciresi L.L.P., Portland, Oregon (May 21, 1998)
    • The Trial Lawyer’s Approach to Winning Patent Cases
      Robins, Kaplan, Miller & Ciresi L.L.P., New York, New York (January 15, 1998)
    • The Trial Lawyer’s Approach to Winning Patent Cases
      Robins, Kaplan, Miller & Ciresi L.L.P., Los Angeles, California (November 5, 1997)
    • The Trial Lawyer’s Approach to Winning Patent Cases
      Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, Minnesota (November 7, 1996)
    • MTLA 14th Annual Convention: Commercial Law: Avoiding Current Litigation Pitfalls
      Alexandria, Minnesota (August 22-25, 1996)
    • Three Perspectives on Commercial Mediation: Plaintiff’s, Defendant’s and Mediator’s
      Minnesota Trial Lawyers Association, Minneapolis, Minnesota (April 16, 1996)
    • Annual Jazzfest Seminar: Liability, Causation and Damages
      Association of Trial Lawyers of America, New Orleans, Louisiana (April 29-May 1, 1993)
    • Mastering Business Jury Trials: Persuasion in Commercial Litigation Cases
      Association of Trial Lawyers of America, Lake Buena Vista, Florida (March 18-20, 1993)
  • In the News

    Show All
    • The Wall Street Journal Online
    • New York Times
    • Bloomberg
    • American Lawyer
    • IP Law 360
    • Star Tribune
    • Minnesota Lawyer
    • Minnesota Law & Politics
    • Twin Cities Business Monthly
    • Los Angeles Times
    • CNet News
    • CFO Magazine
    • Minneapolis/St Paul Business Journal
    • The National Law Journal
    • Bench & Bar
    • Legal Times

    • Robins, Kaplan, Miller & Ciresi L.L.P. Announces Executive Board
    • Robins, Kaplan, Miller & Ciresi L.L.P. Partner Jan Conlin Receives Lexology Client Choice Award
    • Jan Conlin Named a 2013 BTI Client Service All-Star
    • Robins, Kaplan, Miller & Ciresi L.L.P. and Attorneys Finalists for Top Honors from Benchmark Litigation Awards
    • There's oil along them thar rivers
    • Attorneys Selected as 2013 Best Lawyers in America
    • Attorneys Named as "Minnesota Super Lawyers and Rising Stars 2012"
    • ND Can't Ditch Landowners' Suit Over Mineral Rights
    • ND Landowners Sue Over Mineral Rights For State Oil Leases
    • Robins, Kaplan, Miller & Ciresi L.L.P. Commences Class Action Suit on Behalf of Private Land Owners in North Dakota
    • Efficient Drivetrains and Toyota Motor Corp. Reach Agreement on Pending Patent Litigation
    • Robins, Kaplan, Miller & Ciresi L.L.P. Ranks Prominently in Annual Benchmark Litigation Survey
    • Best Lawyers 2012 Names Firm Partners
    • Attorneys Named as "Minnesota Super Lawyers and Rising Stars 2011"
    • Q&A With Robins Kaplan's Jan Conlin
    • Medtronic Didn't Infringe BSC Defibrillator IP: Judge
    • Jan Conlin Named a “BTI Client Service All-Star” for 2011
    • Martin R. Lueck is Minnesota’s Top Super Lawyer 2010
    • First Circuit Court of Appeals Upholds Ruling in Favor of Great Clips
    • Robins, Kaplan, Miller & Ciresi L.L.P. Honored with Catholic Charities Community Service Award
    • Firm Holds Cooking Competition Involving SPAM®
    • Jan Conlin, Chris Messerly, and Philip Sieff Named Attorneys of the Year 2008
    • Court Upholds Settlement Agreements in Great Clips Trademark Case
    • Jan Conlin Named a BTI Client Service All-Star MVP
    • CAFC Affirms Invalidity Finding of Ricoh's Patents
    • Kathleen Flynn Peterson Selected for Lawdragon 500 Leading Lawyers in America
    • Industry Leader: Jan Conlin
    • Medtronic Wins Appeal in Spinal Screw Patent Suit
    • Appeals Court Upholds $41M Ruling Against Mary Kay
    • Federal Circuit Upholds Judgment in TriStrata’s Patent Infringement Case Against Mary Kay
    • Firm's Attorneys Named Among Top Plaintiffs' Attorneys by Lawdragon
    • Jan Conlin Named to the 2007 BTI Client Service All-Star Team
    • Law Firm Profile: Robins, Kaplan, Miller & Ciresi L.L.P.
    • Mary Kay To Pay $40M Over Wrinkle Cream Patent
    • Court Awards Interest and Grants Permanent Injunction in TriStrata Patent Infringement Case Against Mary Kay
    • Jury Awards TriStrata $26.4 Million in Patent Infringement Case Against Mary Kay
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