Hon. Philip M. Pro (Ret.)

T: 702-457-5267
F: 702-437-5267
Available nationwide
Intellectual Property

During his nearly 35 year career as a federal judge, Judge Philip M. Pro (Ret.) managed, settled and adjudicated a full range of complex intellectual property issues arising in patent, copyright, trademark, trade secret, and false advertising cases. Judge Pro also served as a member of the District of Nevada’s Patent Pilot Project Court established in 2012, and participated in the development of that District’s Local Patent Rules. Judge Pro’s experience with intellectual property matters provides a broad perspective on the many problems encountered by counsel and their clients in such case which strengthen his ability to serve as an effective arbitrator and mediator.

Representative Matters

  • Intellectual Property
    • Copyright
      • Disputes arising from website design
      • Matter involving allegations of invalid assignment of copyright
      • Alleged misappropriation of copyright and trademark brought by family of a deceased performing artist
      • Matter wherein holder of copyright on computer enhanced aerial photos sued competitor alleging copyright violation
      • Matter wherein owner of copyright to songs sued recording company and royalty collection company for copyright infringement
    • Patent
      • Court trial declaratory judgment finding that patents related to machine vision and automatic identification bar code technology were invalid, unenforceable, and not infringed. Symbol Technologies v. Lemelson, 301 F. Supp. 2d 1147 (2004) 
      • Lawsuit by owner of card game patents alleging infringement by competitor 
      • Patent infringement suit by owner by assignment of six patents for “Electronic Surface Mount Packages”. Halo Electronics v. Bel Fuse (2013) 
      • Infringement suit by owner of patent for electronic gaming network and patent for lottery-type wagering game against competitor. Fortunet v. Melange Computer Services, 412 F.Supp.2d 1071 (2005) 
      • Class action by investor partners against patent owner alleging breach of fiduciary duty and of partnership agreement as result of alleged failure to enforce royalty agreement 
      • Claim construction and summary judgment on patent infringement action involving patents for systems and methods of data analysis and data visualization 
      • Claim regarding patents covering various navigation processes and devices related to construction 
      • Multiple actions regarding allegations of patent infringement, trademark infringement, and unfair competition
    • Trade Secrets
      • Claims of developer of Kentucky Fried Chicken skinless fried chicken product against restaurant franchisor for misappropriation of trade secrets
      • Disputes alleging theft of an employers’ trade secrets or propriety information by former employees and related breach of covenants not to compete
    • Trademark
      • Action brought by owner of registered trademark consisting of name of musician Bob Marley for infringement, unfair competition, and unauthorized use of right to publicity under Nevada law
      • Disputes involving website names and access
      • Actions over competitors’ uses of similar trade names
      • Various trade dress cases between competitors concerning product design and packaging
      • Trademark infringement action between owners of competing adult entertainment websites

Honors, Memberships, and Professional Activities

  • Appointed, Nevada Gaming Commission, 2015-2019
  • Recognized in Nevada Law Journal 511 (2012) Saluting Judge Pro’s Quarter Century of Nevada District Service
  • Board Member, Saltman Center for Conflict Resolution at the Boyd School of Law, 2006-present
  • Participated in “Rule of Law” programs with foreign judiciaries in over 20 countries including Hungary, Georgia, Bosnia, Netherlands, Spain, South Africa, Malawi, Jordan, Pakistan, Norway, Indonesia, Armenia, Azerbaijan, Ukraine, Latvia, and Columbia, since 1999
  • Chair, State Bar of Nevada Law Related Education Consortium, 2010-2014
  • Board, Federal Judicial Center, 2007-2011
  • Chair, Ninth Circuit Wellness Committee, 2005-2010
  • Co-moderator, U.S. Department of Justice Colloquium for Iraqi Jurists in Washington, D.C., 2003
  • Member of the Ninth Circuit Jury Instructions Committee, 1987-2002
  • Vice President, Federal Judges Association, 1997-2001, and Board Member, 1992-2001
  • Co-chair, Founding Advisory Board, William S. Boyd School of Law, University of Nevada at Las Vegas, 1997-1999
    • Member, Boyd Law School Advisory Board
  • Chair, United States Judicial Conference Committee on the Administration of the Magistrate Judges System, 1993-1998
  • Founding Member, Howard McKibben Nevada American Inn of Court
    • President, 1988-1990
  • Publications:
    • Co-author, “Measured Progress, the Evolution and Administration of the Federal Magistrate Judges System”, The American University Law Review, 1995
    • Author, “Misunderstanding Judging,” Nevada Law Journal, 2007

Background and Education

  • Judge, United States District Court, District of Nevada, 1987-2014
    • Senior United States District Judge, 2012-2014
    • Chief Judge, District of Nevada, 2002-2007
  • Magistrate Judge, United States District Court, District of Nevada, 1980-1987
  • Assistant United States Attorney, Reno, 1980
  • Deputy Attorney General, Gaming Division, State of Nevada, 1979-1980
  • Partner, Semenza, Murphy and Pro, 1977-1979
  • Assistant United States Attorney, Las Vegas, Nevada, 1975-1977
  • Deputy Public Defender, Clark County, Nevada, 1973-1975
  • Law Clerk for the Honorable William P. Compton, Eighth Judicial District Court in Las Vegas, Nevada, 1972-1973
  • LL.M., Duke University School of Law, 2014
  • J.D., Golden Gate University School of Law, 1972

Disclaimer

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