Renée’s clients comprise a “who’s who” of regional, national and global business organizations who trust her to protect and advance their interests when the consequences of litigation are often measured in terms of triumph or catastrophe.
Representative jury trials, bench trials, and arbitrations
- Breach of contract
- Business torts
- Shareholder disputes
- Trademarks
- Trade secrets and unfair competition
- Copyright
- Patent
- Licensing disputes
Prestigious Invitation-Only Legal Memberships
- Fellow, American College of Trial Lawyers (ACTL)
- Member, ACTL Federal Rules of Evidence Committee
- Member, ACTL Regents Nominating Committee, 2018
- Member, ACTL Oregon State Committee, 2014 to present
- Vice Chair, ACTL Oregon State Committee, 2017
- Member, American Board of Trial Advocates (ABOTA)
- Presidential Appointee, ABOTA National Board 2013 – 2016; Member, Awards Committee, 2018; Member, Diversity Committee, 2018; Member, Long Range Planning Committee, 2018
Legal Boards and Committees
- Chair, Strategic Vision Committee, Markowitz Herbold PC
- Chair, Oregon State Bar Litigation Section; Member, Executive Committee, 2012 - present
- Member, Executive Committee Nominating Committee, OSB Intellectual Property Section
- Chair, Oregon State Bar Business Litigation Section, 2009
- Chair, Oregon State Bar Computer & Internet Law Section, 2007; Member, Executive Committee, 1999 - 2009
- Member, Intellectual Property Institute, Litigation Counsel of America
- Master Bencher, American Inns of Court, Gus J. Solomon Chapter
- Chair, American Bar Association, Self-Insurers and Risk Managers Committee of TIPS, 2002 - 2003
Business and Nonprofit Boards and Committees
- Founder, Rothauge & Kaner Women’s Trial Academy, sponsored by Oregon Women Lawyers
- Member, Pipeline Angels
- Member, Finance Committee, the Arlington Club
- Trustee, Oregon Ballet Theatre, 2005 – 2009
- Educator, speaker and author on trial practice, intellectual property, and technology
Awards and Honors
- 2017 Women of Influence Honoree, Portland Business Journal
- Top 25 Women Attorneys, Oregon Super Lawyers magazine, since inception - present
- Top 50 Attorneys, Oregon Super Lawyers magazine, 2012 - present
- Best Lawyer, Best Lawyers in America, 2010 – present
- Top 250 Women in Litigation (one of only three in Oregon), Benchmark Litigation, since inception - present
- Top Rated Lawyer in Intellectual Property Law, American Lawyer Media and Martindale-Hubbell™, 2016
- Class Responder, American College of Trial Lawyers’ Induction Ceremony, 2014
- President's Membership Service Award, Oregon State Bar, 2014
- Outstanding Member Program Award for the Rothauge & Kaner Women’s Trial Academy, National Conference of Women’s Bar Associations, 2015
Publications and Articles
- Author, Declaratory Judgments chapter and supplement, Oregon Civil Pleading and Practice, Oregon State Bar
- Co-author, Intentional Interference with Economic Relations and Related Actions chapter, Torts, Oregon State Bar
- Co-author, Unfair Competition & Infringing on Intellectual Property chapter, Thomson Reuter’s Handling Business Tort Cases
- Author, The Changing Face of ABOTA: The Art of Thinking Independently Together, Voir Dire magazine, June 2015
Teaching
- Founder and instructor, Rothauge & Kaner Women’s Trial Academy, 2014 — present
- Presenter, Multnomah Bar Association, Young Lawyers Section, "Depositions," 2018
- Instructor, Evidentiary Foundation Workshop, Oregon State Bar Litigation Institute and Retreat, 2016, 2017
- Faculty, NITA, "Deposition Skills", 2017, San Diego, CA
- Co-presenter, Association of Corporate Counsel, Oregon Chapter, "In-house Counsel as Witness," 2017
- Faculty, ABOTA Masters in Trial, 2017, Missoula, MT
- Faculty, ABOTA National Trial College at Harvard Law School, 2016
- Panel member, Trial Masters Lightning Round, Oregon Association of Defense Counsel, Annual Meeting, 2016
- Moderator, Patent Litigation in 2016, Featuring Judge Michael Mosman, Federal Bar Association, Oregon Chapter, 2016
- Guest lecturer, Civil Procedure: Trials from the Trenches, Lewis & Clark Law School
- Presenter, Economic and Business Loss Damages, Oregon Association of Defense Counsel, 2015
- Presenter, The Mechanics of Creative Fee Agreements, Intellectual Property Institute, 2015
- Presenter, Direct and Cross of Expert Witnesses at Trial, Multnomah Bar Association, 2015
- Presenter, Technology and ESI Post-FRCP 2015 Amendments, Oregon State Bar’s Civil Trial Procedure Course, 2015
- Presenter, Technology and Your Practice, Oregon State Bar’s Civil Trial Procedure Course, 2013
Education
- Willamette University, College of Law — J.D., cum laude, Order of the Barristers, Willamette Law Review, Executive Editor and published author, 25 Willamette L. Rev. 197 (1989)
- Georgetown University, The School of Foreign Service — B.S.F.S., Phi Sigma Alpha
Admitted to Practice
- Oregon
- Washington
- California
- U.S. District Court, District of Oregon
- U.S. District Court, Western District of Washington
- U.S. District Court, Central District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Eastern District of California
- Ninth Circuit Court of Appeals
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Western District of Wisconsin
Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc.
Renée Rothauge was hired on the eve of trial to defend Seirus Innovation Accessories in its ongoing, five-year battle with Columbia Sportswear. Columbia sued Seirus alleging it infringed its Omni-Heat Technology. After a 13-day jury trial, Seirus scored a significant victory when the jury invalidated Columbia’s asserted Omni-Heat patent claims and found no willful infringement by Seirus. Seirus was ordered to pay Columbia $3 million for infringing a minor design patent.
Attorney: Renée Rothauge
California Expanded Metals Company v. Clarkwestern Dietrich, et al.
Attorney: Renée Rothauge
Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc.
Attorney: Renée Rothauge
California Expanded Metals Company v. Clarkwestern Dietrich et al.
Attorneys: Renée Rothauge Adam Starr
Practice Area: Intellectual property litigation
Power Buying Dealers Western Region, Inc. v. Boyd Coffee Company
Attorneys: Renée Rothauge Chad Colton Paul Bierly
Practice Areas: Trade secrets, unfair competition and noncompetition Contract disputes
Yeti, Inc. v. NPK LLC, et al.
Defended startup company that manufactured and sold plant washes in bet-the-company claims for trademark infringement and prosecuted related counterclaims. After extensive litigation on multiple fronts, negotiated resolution of the case in which the plaintiff discontinued all competitive operations and acknowledged NPK’s ownership of trademarks.
Attorneys: Renée Rothauge Steffan Alexander
Practice Area: Intellectual property litigation
Columbia Helicopters, Inc. et al. v. Boeing Company
Attorney: Renée Rothauge
Practice Area: Contract disputes
Herb Pharm, Inc. v. Motherland Herb Pharm, Inc.
Defended a manufacturer of herbal supplements by settling this trademark infringement case prior to a preliminary injunction without any payment by the client.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Beebe v. Central Point Properties
Defended a contractor during a two-week jury trial for negligence and nuisance arising from the construction of a drain system for a housing development. The jury found no negligence and a small percentage of fault for nuisance awarding a fraction of the $3 million sought.
Attorney: Renée Rothauge
Lynn Meier, et al. v. John Taylor, et al.
Attorney: Renée Rothauge
Practice Area: Shareholder and partnership disputes
Brian Blackburn v. Boyd Coffee Company
Successfully represented Boyd Coffee Company in a wage and hour class action in Washington State.
Attorneys: Renée Rothauge Laura Salerno Owens Paul Bierly
Practice Areas: Class actions Employment disputes
United Services Associated, Inc. v. Lupo
Attorney: Renée Rothauge
Practice Area: Shareholder and partnership disputes
Traeger Pellet Grills LLC v. The Pellet Grill Co.
Attorney: Renée Rothauge
Practice Area: Trade secrets, unfair competition and noncompetition
PHL Associates v. Dale Wallis
Represented a co-defendant, biotechnology company executive, in a misappropriation of trade secrets claim which was settled 90 days after representation began with no payment made by the client.
Attorney: Renée Rothauge
Practice Area: Trade secrets, unfair competition and noncompetition
AcryMed, Inc., et al. v. ConvaTec, et al.
Represented AcryMed, a small, local biotech company, against ConvaTec and Bristol Myers in a case alleging patent infringement and misappropriation of trade secrets. The case settled the day before trial for an eight figure cash settlement and other favorable remedies for AcryMed.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Cargill, Incorporated v. Canbra Foods, Ltd., et al.
Acted as local trial counsel for a seed developer in a patent infringement case over canola seeds and a competitor’s attempt to monopolize the $50 billion trans fat-free food processing marketing. Patents were invalidated for inequitable conduct after a finding by the jury of material misrepresentation to the U.S. Patent & Trademark Office.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Zing Toys, Inc. and Steven Walterscheid v. Zuru, LLC, et al.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Tourmap Company, Inc. v. Portland Visitors Map, LLC
Defended an advertising agency against copyright infringement claims that it had designed an infringing map. Obtained a favorable settlement.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Executive Security Management, Inc. et al. v. Jack Dahl
Represented the plaintiff when shareholders and former employees disrupted the successful security credentialing business by suing them for breach of fiduciary duty, tortious interference with economic relationships and violating the Computer Fraud and Abuse Act. Obtained a favorable settlement after summary judgment rulings.
Attorney: Renée Rothauge
Columbia Helicopters, Inc. v. Carson Helicopters, Inc.
Represented Columbia Helicopters in a case to enforce a contractual indemnity obligation involving the tragic death and maiming of 14 men when a helicopter operated by Carson Helicopters crashed in the Shasta National Forest during firefighting operations. We obtained a summary judgment ruling that required Carson to indemnify Columbia for defense costs associated with lawsuits arising from the crash. Carson appealed the ruling on its indemnity obligation and the Ninth Circuit affirmed the District Court’s opinion.
Attorneys: Renée Rothauge Stephen Deatherage Paul Bierly
Practice Area: Contract disputes
Sound Security, Inc. v. Sonitrol Corporation
Represented Sound Security, Inc., a large Pacific Northwest company and franchisee of The Stanley Work’s Sonitrol brand in a case for breach of contract, breach of the covenant of good faith and fair dealing, and violation of Washington State and Federal franchise laws. We led a multi-state team that conducted aggressive discovery and motion practice against Stanley which resulted in a settlement with Stanley on the eve of trial.
Attorneys: Renée Rothauge Stephen Deatherage
Practice Areas: Breach of fiduciary duty Contract disputes
Harry & David Corporation v. IBM
Represented Harry & David against IBM in a dispute involving its website software. During motion practice, we convinced an Oregon federal judge that, under New York law, Harry & David had a viable claim for fraud against IBM arising from its contractual indemnity obligations.
Attorneys: Renée Rothauge Chad Colton
Practice Area: Contract disputes
Hanna LP v. Windmills Inns of America
Represented a commercial landlord in a two-week trial against a tenant arising out of a dispute over the meaning of provisions specifying methods for calculating rent for five-year lease terms. The jury returned a verdict in favor of client and subsequently, the court entered an award of attorneys’ fees.
The Oregon Court of Appeals affirmed 223 Or. App. 151, 194 P.3rd 874 (2008) and the case is cited often for principles of contract construction under Oregon law.
Attorneys: Renée Rothauge Stephen Deatherage
Practice Area: Contract disputes
Hubbard, Tarlow, Caruso, Cascade Investors v. OBBIV, LLC, Shires, Bayly, Gillison
Attorneys: Renée Rothauge Stephen Deatherage
Practice Areas: Breach of fiduciary duty Real estate disputes
Lezak v. Expand Cellular, et al.
Attorneys: Renée Rothauge Stephen Deatherage
Practice Area: Trade secrets, unfair competition and noncompetition
HLHZ Investments, LLC v. Plaid Pantries, Inc., et al.
Attorneys: Renée Rothauge Stephen Deatherage
Practice Area: Contract disputes
Werner Paddles, Inc. v. Branches LLC dba Aqua-Bound Technologies
Represented plaintiff, a manufacturer of canoe, kayak and raft paddles, in a case against a competing manufacturer for patent infringement. Case successfully settled prior to trial.
Attorneys: Renée Rothauge Steffan Alexander
Practice Area: Intellectual property litigation
Makad Energy, LLC v. PowerMand Corp.
Client licensed “smart grid” energy management technology from a company that had developed and patented the software. After client had expended significant time and resources improving the technology to make it marketable to energy managers, the company was served with a unilateral and unwarranted termination notice. The Markowitz Herbold team immediately prepared a strong defense and the case settled shortly before arbitration
Attorneys: Renée Rothauge Chad Colton
Practice Area: Contract disputes
Howard Schwartz v. Eric A. Kimmel
Defended the author of children’s books in a copyright infringement lawsuit and obtained a favorable settlement after obtaining an order transferring the case from an unfavorable forum to Oregon.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
ReliOn, Inc. v. Hydra Fuel Cell Corporation
Represented a fuel cell inventor from patent infringement claims by a competitor. During discovery, we obtained a ruling that the attorney-client privilege had been waived despite vigorous arguments by plaintiff. The opinion has since been cited frequently as an example of circumstances where privilege can be waived even when a stipulated protective order is in place. See The Legal Intelligencer “Federal Rule of Evidence 502: An Oft-Unopened Gift” www.Law.com, January 29, 2013.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Trademark infringement for regional restaurant
Represented a northwest regional restaurant owner against an infringer for Lanham Act violations and, after discovery and a hearing, obtained a permanent injunction against the infringer prohibiting use of the confusingly similar restaurant name.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
King Vision Cable v. Kruger’s Restaurant
Defended a claim of copyright infringement relating to a Holyfield/Tyson boxing match.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
In re Carrot Bunch Companies, Inc. et al.
Defended an on-line printing supply company from a trademark infringement claim stemming from an alleged infringing domain name. Obtained a favorable settlement for our client.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Software trademark and unfair competition claims
Represented national apparel and outdoor equipment retailer in a declaratory action wherein a national marketing software provider sought a judgment that its pop-up software program did not violate trademark and unfair competition laws.
Attorney: Renée Rothauge
Practice Areas: Intellectual property litigation Trade secrets, unfair competition and noncompetition
Copyright infringement claims
Defended an advertising agency against copyright infringement claims that it had designed an infringing map. The case resolved with a favorable settlement for the agency.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Breach of license agreement, unfair competition, and trademark infringement
Defended a delivery company sued for breach of license agreement, unfair competition, and trademark infringement after an adverse preliminary injunction order had been entered. After aggressive discovery and motion practice, a favorable settlement was obtained prior to trial.
Attorney: Renée Rothauge
Practice Areas: Trade secrets, unfair competition and noncompetition Intellectual property litigation
Trademark infringement
Defended a pharmaceutical manufacturer by settling this trademark infringement dispute prior to a preliminary injunction without any payment by our client.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Lanham Act case
Defended a coiled hose seller sued by a large hose company and obtained a favorable summary judgment ruling that the term “coil hose“ was descriptive and therefore our client was not liable for Lanham Act violations.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
Enforcement program implementation
Implemented an enforcement program to protect the marks of national footwear and clothing manufacturer. Enforcement program included stopping infringing activity by extreme youth musical groups using our client’s name in songs and for the name of a musical group.
Attorney: Renée Rothauge
Practice Area: Intellectual property litigation
2018 Young Litigators Forum: Deposition Techniques
Markowitz Herbold attorney Renée Rothauge will be sharing her knowledge of depositions with the Young Lawyers Section of the Multnomah Bar Association.
Standard Insurance Center Classroom, 900 SW Fifth Ave (cafeteria level)
Evidentiary Foundation Workshop
An exclusive event for members of the Oregon New Lawyers Division, this workshop will be taught by Markowitz Herbold Shareholder Renée Rothauge and the Hon. Janice Wilson, two courtroom veterans.
Skamania Lodge, WA
DAJV Annual Conference on German and American Law
Markowitz Herbold Shareholder Renee Rothauge will be participating in an interactive workshop on the topic of Handling Technical Experts in the American Jury System at Harvard Law School.
Harvard Law School, Cambridge, MA
2016 ABOTA National Trial College at Harvard Law School
Markowitz Herbold Shareholder, Renée Rothauge, will join fifteen nationally acclaimed trial lawyers from all over the country for a week long trial college at Harvard Law School.
Harvard Law School, Cambridge, MA
Trial Masters Lightning Round: What to do when the judge doesn't like you or your case.
Markowitz Herbold Shareholder, Renée Rothauge, is participating in Thinking Fast and Slow: The Trial Master's Lightening Round. The session will feature seven lawyers with seven minutes each to say something useful about trial practice. Their only instructions are not to be boring, and not to waste time by starting off with a bad joke.
Sunriver Resort, Sunriver, Oregon
Patent Litigation in 2016 Featuring Judge Michael Mosman
Markowitz Herbold Shareholder Renée Rothauge will moderate a panel event called Patent litigation in 2016 (for the novice to the pro): How recent case law and inter partes reviews have changed the landscape.
The Sentinel Hotel, 614 SW 11th Avenue, Portland, OR 97205
Economic and Business Loss Damages
Markowitz Herbold Attorney Renée Rothauge will discuss economic and business loss damages at the 2015 OADC Fall Seminar.
Hilton Portland
Electronically Stored Information (ESI) and the New Federal Rules
Markowitz Herbold Shareholder Renée Rothauge will speak at the Fundamentals of Oregon Civil Trial Procedures on the topic of e-discovery.
OSB Center, 16037 SW Upper Boones Ferry Road, Tigard, OR 97224
The Mechanics of Creative Fee Agreements: Tips & Traps
Markowitz Herbold Attorney Renée Rothauge is presenting on the topic of creative fee agreements to fellows of the Intellectual Property Institute.
The Resort at Pelican Hill, Newport Coast, California
Direct & Cross of Expert Witnesses at Trial
Join Markowitz Herbold Shareholder Renée Rothauge, Bonnie Richardson of Folawn Alterman & Richardson, and the Hon. Karin Immergut for a panel discussion on techniques and tips for the direct and cross examination of expert witnesses at trial.
World Trade Center Mezzanine Room, Building 2, 26 SW Salmon, Portland