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Kenneth R. Davis II Photo

Ken

Kenneth R. Davis II
ShareholderJapan Team Co-Chair
Portland
D 503.778.2121
C 503.453.6597
davisk@lanepowell.com

Ken Davis is Co-Chair of Lane Powell’s Japan Team. He represents major software and internet companies in intellectual property disputes. He has been recognized as a top litigator in his practice by Chambers USA and World Trademark Review 1000, which describes him as “an astute courtroom operator who can hammer out favorable results in even the most intricate of conflicts.”  

Ken focuses his practice in:

  • Complex commercial litigation
  • Intellectual property litigation
    • Internet
    • Copyright
    • Patent
    • Trademark and trade secret
  • Antitrust

Ken has tried a number of cases as lead counsel in both state and federal courts and has argued before the Washington State Supreme Court.

Experience

  • Attachmate Corporation v. Celcom Axiata Berhad
    Case No. 2:2010cv00526U.S. District Court, Western District of Washington
    Successfully represented the largest cellular phone company in Malaysia and obtained a complete victory against claims brought by Seattle-based software company Attachmate Corporation. Attachmate had sued Celcom for copyright infringement and breach of contract arising out of the alleged over-installation of software. Attachmate sought damages of more than $5 million. Celcom moved to dismiss the complaint based on copyright doctrines of extraterritoriality and preemption, as well as personal jurisdiction.  Judge Ricardo Martinez granted Celcom’s motion in its entirety.
  • FLIR Systems, Inc. v. Sierra Media, Inc. et al
    Case No. 3:2010cv00971U.S. District Court, District of Oregon
    We represented Fluke Corporation against false advertising claims filed by a competitor, FLIR Systems, Inc., in a nine-day jury trial at the U.S. District Court of Oregon.
  • Defended Trademark Infringement Claims for a Global Nutrition and Weight Management Company
    U.S. District Court, District of Oregon
    Represented global nutritional products company in suit involving alleged trademark infringement and breach of contract.
  • adidas America, Inc. et al v. Skechers USA, Inc.
    Case No. 3:15-cv-01741-HZU.S. District Court, District of Oregon
    Defending Skechers, as local counsel, against trademark and trade dress infringement, dilution, unfair competition and breach of contract claims asserted by adidas.
  • Attachmate Corporation v. Tarmac Ltd.
    Case No. 2:2008cv01370U.S. District Court, Western District of Washington
    Defended Tarmac Ltd. in a multi-million dollar defense of a software copyright infringement lawsuit.
  • Carbon Materials Company In re Graphite Electrodes Antitrust Litigation
    Case No. 97-CV-4182U.S. District Court, Eastern District of Pennsylvania
    Defend cartel investigations in the US, Japan, EU, Brazil and Canada. Follow on civil litigation including 30+ class actions in the U.S. and Canada.
  • Chevron Corporation Unfair Competition and Trademark Matters
    Represented Chevron in a series of unfair competition; trademark infringement and dilution; and deceptive and unlawful trade practices suits.
  • Collegenet, Inc. v. Google, Inc.
    Case No. 10-cv-01211U.S. District Court, District of Oregon
    Acted as co-counsel successfully defending Google in a trademark infringement suit brought by CollegeNet over a Speedbook mark. After CollegeNet moved for a preliminary injunction and Google cross-moved for a pre-answer dismissal, the parties agreed to stay the case and later to dismiss the case with prejudice.
  • Chevron U.S.A., Inc. v. Pelican Butte Oil, LLC
    Case No. 1:10-cv-03063U.S. District Court, District of Oregon
    Represented Chevron in a series of unfair competition; trademark infringement and dilution; and deceptive and unlawful trade practices suits.
  • Golden Tea Management Advice In re Golden Temple of Oregon Litigation
    Case No. 0909-13281 and 1010-14518Multnomah County Circuit Court
    Defended GTM, the manager and majority owner of Golden Temple of Oregon, LLC (GTO), the leading tea manufacturer in the natural foods sector, against multiple challenges to the 2007 transaction that gave GTM control of GTO.
  • Golden Temple of Oregon, LLC v. Puri
    Case No. 12-10-03055U.S. District Court, District of Oregon
    Represented Golden Temple in this case involving a demand to inspect records pursuant to a licensing arrangement, an inspection of which our clients disputed the scope as too broad.

Intellectual Property Litigation

  • Heart, LLC v. Heart Pizza, LLC
    Representing award-winning coffee chain enforcing its trademark rights against infringing chain of pizza restaurants that established its flagship restaurant less than two blocks away from one of our client’s primary cafés.

Professional Experience

Preston Gates & Ellis, Associate (1992-1996)
 

Community Involvement

Multnomah Bar Association, Member

International Trademark Association, Various Litigation Committees, Member

Oregon State Bar Association

  • Past Chair
  • Member, Antitrust Section
  • Member, Computer and Internet Law Section

Washington State Bar Association

American Bar Association

  • Intellectual Property and Antitrust Sections
  • Federal Trial Practice and Procedure Committee, Intellectual Property Law Section

Cleveland Youth Baseball, President

Classroom Law Project, Past Executive Committee and Board Member

Eastmoreland Community Garden, Past Executive Committee
 

Thought Leadership

  • August 18, 2022News

    The Best Lawyers in America© 2023 Recognizes 90 Lane Powell Attorneys

    Awards & Honors
  • July 1, 2022News

    Fifteen Lane Powell Attorneys Recognized by Super Lawyers in Oregon for 2022

    Awards & Honors
  • June 1, 2022News
    Lane Powell Again Ranked Among Top Firms in 2022 Chambers® USA
    Awards & Honors
  • October 19, 2021News
    Lane Powell Attorneys Recognized in Benchmark Litigation 2022
    Awards & Honors
  • August 19, 2021News
    The Best Lawyers in America© 2022 Recognizes 90 Lane Powell Attorneys
    Awards & Honors
  • May 20, 2021News
    Lane Powell Again Ranked Among Top Firms in 2021 Chambers® USA
    Awards & Honors
  • October 28, 2020News
    Lane Powell Attorneys Recognized in Benchmark Litigation 2021
    Awards & Honors
  • August 20, 2020News
    The Best Lawyers in America© 2021 Recognizes 92 Lane Powell Attorneys
    Awards & Honors
  • July 6, 2020News
    Ten Lane Powell Attorneys Recognized by Super Lawyers in Oregon for 2020
    Awards & Honors
  • April 23, 2020 News
    Lane Powell Again Ranked Among Top Firms in 2020 Chambers® USA
    Awards & Honors
  • February 24, 2020News
    K. Davis, Jagla and Swanson Recognized in 2020 World Trademark Review 1000
    Awards & Honors
  • August 15, 2019News
    The Best Lawyers in America© 2020 Recognizes 63 Lane Powell Attorneys
    Awards & Honors
  • July 5, 2019News
    Twenty-one Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
    Awards & Honors
  • April 26, 2019News
    Lane Powell Again Ranked Among Top Firms in 2019 Chambers® USA
    Awards & Honors
  • March 26, 2019News
    Antitrust Team Wins GCR’s ‘Litigation of the Year – Cartel Defense’ Award
    Awards & Honors
  • October 12, 2018News
    Lane Powell Highly Recommended in Benchmark Litigation 2019
    Awards & Honors
  • August 15, 2018News
    The Best Lawyers in America© 2019 Recognizes 62 Lane Powell Attorneys
    Awards & Honors
  • February 13, 2018News
    IP Teams Recognized by World Trademark Review 1000 for Fifth Consecutive Year
    Awards & Honors
  • October 26, 2017News
    Lane Powell Highly Recommended in Benchmark Litigation 2018
    Awards & Honors
  • August 15, 2017News
    Fifty-nine Lane Powell Attorneys Named in The Best Lawyers® in America 2018
    Awards & Honors
  • July 10, 2017News
    Twenty-three Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
    Awards & Honors
  • January 25, 2017News
    Lane Powell and Attorneys Davis, Mehrbani, Jagla and Swanson Listed in 2017 World Trademark Review 1000
    Awards & Honors
  • October 20, 2016News
    Lane Powell Highly Recommended in Benchmark Litigation 2017
    Awards & Honors
  • August 17, 2016News
    Fifty-one Lane Powell Attorneys Named in The Best Lawyers in America® 2017
    Awards & Honors
  • July 11, 2016News
    Twenty-one Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
    Awards & Honors
  • January 20, 2016News
    Lane Powell and Attorneys Davis, Mehrbani, Jagla and Swanson Named as ‘Top’ in 2016 World Trademark Review 1000
    Awards & Honors
  • October 27, 2015News
    Lane Powell Highly Recommended in 2016 Benchmark Litigation
  • September 11, 2015Event / CLE
    Overview of Federal Criminal Antitrust Enforcements and Tips On Effectively Responding to the Same
    Federal Bar Association | Salt Lake City, Utah
  • August 17, 2015News
    Forty-eight Lane Powell Attorneys Named in The Best Lawyers in America® 2016
    Awards & Honors
  • July 8, 2015News
    Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Four Named as ‘Oregon Rising Stars’
    Awards & Honors
  • January 26, 2015News
    Lane Powell, Davis, Mehrbani, Jagla and Swanson Listed in 2015 World Trademark Review 1000
  • October 20, 2014News
    Eleven Lane Powell Attorneys Recognized as “Litigation Stars;” Two Named as “Future Stars” in 2015 Benchmark Litigation Legal Guide
  • August 18, 2014News
    Fifty-One Lane Powell Attorneys Named in The Best Lawyers in America® 2015
    Awards & Honors
  • July 9, 2014News
    Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Five Named as ‘Oregon Rising Stars’
    Awards & Honors
  • March 11, 2014News
    Lane Powell, Davis, Mehrbani and Swanson Listed in 2014 World Trademark Review 1000
    Awards & Honors
  • Awards_2023 Best Lawyers America
  • 2023 Benchmark Litigation Local Star
  • Chambers USA Leading Lawyer 2022
  • 2022 Super Lawyers

Ken's Bios

  • Primary
  • Antitrust

Practices & Industries

  • Antitrust, Competition & Trade
  • Class Actions
  • Commercial Litigation
  • Intellectual Property Litigation
  • International Arbitration
  • Japan Practice

Education

  • University of Puget Sound School of Law, J.D., cum laude, 1992
  • Whitman College, B.A., Spanish, 1989

Admissions

  • Oregon
  • Washington
  • U.S. District Court, District of Oregon
  • U.S. District Court, Eastern and Western Districts of Washington
  • U.S. District Court, Northern District of California
  • U.S. District Court, Eastern District of Michigan
  • U.S. Court of Appeals, Third and Ninth Circut

Language

  • Spanish (Fluent)

Honors

Chambers® USA: America’s Leading Lawyers for Business, Intellectual Property (2019-2022); Litigation: General Commercial (2020-2022)

"Local Litigation Star," Benchmark Litigation, Antitrust, Commercial Litigation, Intellectual Property (2015-2023)

The Best Lawyers in America©, Intellectual Property Litigation (2012-2021, 2023); Commercial Litigation (2019-2023)

"Leading Trademark Professional," World Trademark Review 1000 (2013-2018, 2020, 2023)

"Oregon Super Lawyer," Thomson Reuters, Intellectual Property Litigation (2009-2020; 2022)

Multnomah Bar Association Pro Bono Honor Roll (2005, 2008)

The Legal 500 (United States): Volume II (Intellectual Property, Technology, Media & Telecoms) and The Legal 500 (United States): Volume III (Litigation) (2007)

"IP Star," Managing Intellectual Property, Patent and Trademark

AV Preeminent® in Martindale-Hubbell® Peer Review Ratings™

Before proceeding, please note:  If you are not a current client of Lane Powell PC, please do not include any information in this email that you or someone else considers to be confidential or secret in nature.  Prior to the establishment of a lawyer-client relationship, unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure.

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