Mark M. Bettilyon

Mr. Bettilyon is the Chair of the Firm's Intellectual Property Law Section. His practice is devoted to IP related litigation matters. Mr. Bettilyon's IP litigation experience covers a broad array of subject matters, including biotechnology, pharmaceuticals, nutritional supplements, software, and a variety of other products and services. While RQN litigates IP matters in jurisdictions across the western states, it also has extensive experience litigating such matters in Utah courts and has exceptional insight regarding how such claims are received by Utah judges and juries. Mr. Bettilyon also frequently collaborates on litigation matters with intellectual property practitioners in other firms.

Mr. Bettilyon is recognized by Chambers USA in Intellectual Property Law and has been named as one of The Best Lawyers in America in Intellectual Property Law. Mr. Bettilyon has been voted by his peers throughout the state as one of Utah's "Legal Elite" in the category of Intellectual Property (as published in Utah Business Magazine). He maintains an AV Preeminent (5.0) rating with Martindale-Hubbell which is the highest rating awarded to attorneys for professional competence and ethics. He has also been selected for inclusion in Super Lawyers in the area of Intellectual Property Litigation.

REPRESENTATIVE MATTERS

• Multi-million dollar jury verdict on breach of patent license agreement claims. (ACTI v. EdiZONE, 060910483)
• Successful resolution of case involving alleged theft of trade secrets after a preliminary injunction motion filed against the client was denied. (Provo Craft v. Ellison, 080401085)
• Multi-million dollar jury verdict, including an award of punitive damages, on tortious interference counterclaims after plaintiff’s allegations of trademark infringement were dismissed on summary judgment. (Summit Bottling v. Water Star Bottling, 96-cv-23 DB)
• Successful resolution of counterfeiting and gray market goods dispute, including one of the then largest settlement figures received by the client in such matters. (Microsoft v. MBC, 00-cv-217 ST)
• Multi-million dollar settlement on tortious interference claims, after patent owner’s allegations of patent infringement were dismissed on summary judgment. (Orbit v. Nelson, 01-CV-008)
• Defense of trademark infringement allegations. Client kept product on market, despite allegations of infringement. (Hansen v. CytoSport, 09-CV-31 VBF AGR) (California)
• Successful resolution of patent infringement claims relating to software related devices. (Hospital Systems v. G.E. et al, 07-Cv-389-TJW) (Texas)
• Stopped infringing activity in a copyright infringement case. (Franklin Covey v. Phillips, 08-cv-819)
• Successful resolution of litigation to enforce breach of prior trademark agreement. (Franklin Covey v. Palazzo, 08-cv-867)
• Stopped infringing activity involving theft of trade dress. (Franklin Covey v. Trappers Wood, 08-cv-322)
• Successful resolution of patent infringement claims (Harris v. Dri Eaz, 07-CV-38 TC)
• Large dollar settlement in case involving biotechnology related patent claims. (Idaho Technology v. Corbett, 07-cv-425)
• Stopped infringing activity in case involving theft of copyrights and trademarks (Franklin Covey v. Ketter, 07-cv-00188)
• Successful resolution, after arbitration, of breach of license agreement claims. (Albion v. Xanodyne)
• Resolution of trademark infringement claims. Opposing party changed product name. (CytoSport v. Nature’s Best, 06-CV-1799) (California)
• Obtained preliminary injunction and later successful settlement on claims relating to misuse of trademarks as key words. (Connor v. Rhino, CV 06-3066-PHX) (Arizona)
• Successful resolution of copyright infringement claims. (Zygote v. Luzan, 05-cv-00660)
• Successful resolution of claims of patent infringement (Orbit v. Yuan Mei, 01-cv-0051)
• Arbitration of patent infringement claims. (Energy Absorption v. Carsonite)
• Successful resolution of trademark infringement claims. Opposing party changed the product name. (Dymatize v. CytoSport, 3-06-CV-0420P) (Texas)
• Successful resolution of trademark infringement claims. Opposing party changed product name. (CytoSport v. EAS 05-CV-1005 LKK) (California)
• Successful resolution of trademark infringement claims. Opposing party changed product name. (CytoSport v. Extreme Labs, 06-AT-384) (California)
• Successful resolution of claims concerning trademark infringement and unfair competition, including name change of defendant’s product. (CytoSport v. Extreme Labs, 06-CV-842 GFL DAD) (California)
• Large dollar settlement in patent infringement case involving biotechnology devices. (Idaho Technology v. Cepheid, 05-cv-01063)
• Successful resolution of claims stemming from breach of banking relationship. (Barnes Bank v. Trappers Land, 040800930)
• Successful resolution of patent infringement claims related to dental products. (PSN Illinois v. Arrowhead, 04- C-7232) (Illinois)
• Successful resolution of case involving counterfeiting claims. (Microsoft v. Perseus, 04-cv-00056)
• Successful resolution of allegations of trademark infringement, including product name change by opposing party. (CytoSport v. Optimum Nutrition, S-04-1477) (California)
• Successful resolution of patent infringement claims relating to software. (Cowboy Software v. Microsoft, 04-cv-00176)
• Successful resolution of patent infringement claims relating to houseware products. (Grandway USA Corp. v. DV International, 02-cv-1227)