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Contact Brian

2801 Alaskan Way, Suite 300
Seattle, WA 98121
T: 206.624.8300

Brian W. Esler

Partner
Involved patent claims against the United States involving light-emitting diode technology.
Involved false advertising claims. 
Involved trademark-infringement claims, including obtaining insurance coverage for defense.
Obtained partial summary judgment and entry of permanent injunction in this Lanham Act false advertising case.
Involved trademark claims in the TTAB and federal district court.
TTAB opposition proceeding.
Convinced Ninth Circuit to reverse district court’s dismissal of claims brought under the Communications Act.
Lead trial attorney in weeklong bench trial in Snohomish County involving easement rights, resulting in dismissal of most of plaintiff's claims.
Involved breach of contract and other claims for insurance broker.
Successfully petitioned for review of court of appeals decision, and argued case before Washington State Supreme Court.
TTAB cancellation proceeding.
Involved breach of contract, bond, and retainage claims for supplier to Sound Transit project.
Represented amicus before the Washington State Supreme Court.
Involved noncompetes, a preliminary injuction and federal contract bid protests, resulting in reopening of the bidding process.
Argued novel issues to Ninth Circuit Bankruptcy Appellate Panel.
Lead trial counsel in successful defense of debtor in a multimillion-dollar breach-of-contract action.
Involved copyright and DMCA claims involving software devices and video game technology.
Involved legal malpractice claims.
Involved patent and trade-secret claims involving chemical processes.
Involved breach-of-contract and construction lien claims.
TTAB cancellation proceeding.
Represented Trustee in bankruptcy adversary proceeding in pursuing claims arising out of the failure of MILA, Inc., which was one of the country's largest subprime lenders.
Involved various claims arising from the University Place development.
Involved employment discrimination claims.
Involved breach of contract, delay and change order claims.
Involved breach of contract claims.
Represented executive in a high-profile lawsuit brought by former employer, asserting claims that our client misappropriated trade secrets, violated fiduciary duties, and breached contractual obligations. The case included a six-day evidentiary hearing of the former employer's motion for terminating sanctions based on allegations that our client had knowingly destroyed relevant evidence. The court rejected the allegations, finding that our client was a credible witness who did not violate a duty to preserve evidence, did not act in bad faith, and did not engage in conduct that prejudiced the former employer. As trial approached, the court granted a number of summary judgment and evidentiary motions that significantly limited the scope and value of plaintiffs’ claims. On what would have been the first day of trial, the parties were able to reach an amicable resolution that terminated the case.