Overview

Nathan Paine is an intellectual property (IP) litigator in Holland & Knight's Seattle office. Mr. Paine represents clients in high-stakes IP and commercial disputes across the country with a practice that spans patent, trademark, copyright and trade secret litigation.

Mr. Paine regularly advises and advocates for individuals, startups and multinational companies in complex matters, from presuit investigation through trial and appeal, in state and federal courts.

Mr. Paine has extensive experience litigating a broad range of IP matters, including cases involving name, image and likeness (NIL) rights, design and utility patent infringement, trademark and copyright disputes, and trade secret misappropriation. He also counsels clients on IP portfolio development, licensing, registration and enforcement strategies.

Beyond IP matters, Mr. Paine maintains a robust commercial litigation practice. He has handled multidistrict and nationwide class actions – on the plaintiff and defense sides – as well as antitrust disputes, software subscription service agreement litigation, partnership and shareholder conflicts, breach of contract and defamation claims. He also represents clients in regulatory and administrative proceedings involving government agencies. Mr. Paine has successfully represented clients in appeals in the state courts as well as in the U.S. Court of Appeals for the Ninth and Federal Circuits.

Prior to joining Holland & Knight, Mr. Paine was a partner at a Seattle-based law firm, where he earned a strong reputation for successfully handling complex litigation locally and nationally.

Representative Experience

  • As lead counsel, secured more than $40 million in cash settlements and injunctive relief valued at over $60 million in a class action suit asserting Lanham Act claims on behalf of coffee farmers against more than 20 suppliers and retailers of fake Kona coffee products; the class was ultimately certified, with the court calling it one of "the most impressive class action cases I have dealt with in my time on the federal bench because there's a real harm here and a real result that makes people whole again"
  • As lead counsel, secured dismissal with prejudice of an eight-figure class action lawsuit filed against multiple defendants over purported violations of the Washington Commercial Electronic Mail Act after the court of appeals rejected the plaintiff's argument for a bright line rule in deciding whether the potential class members provided their consent to receive commercial text messages; the Washington Supreme Court denied the plaintiff's petition for review; without any payment to the plaintiff, dismissal with prejudice was obtained before any discovery was ever conducted
  • As lead counsel for a Washington-based software developer, obtained an early dismissal of a Fortune 500 company's patent infringement suit asserting multiple utility patents; this resolution was achieved without any payment to the patent holder
  • As lead counsel, represented a software developer in arbitration involving claims for breach of the parties' subscription agreement and copyright infringement; resolution of the claims involved a substantial monetary settlement and the return of the client's misappropriated software code
  • Achieved a $20 million settlement for a marine windshield manufacturer in its lawsuit against a ski boat manufacturer for infringement of its design patent and copyrights after prevailing on summary judgment on key issues concerning damages, specifically the appropriate application of Section 289 of the Patent Act
  • As lead counsel, obtained an early dismissal of a design patent infringement case where the plaintiff unsuccessfully attempted to leverage the sealed proceedings of a Schedule A case to obtain a temporary restraining order without notice to the clients
  • Litigated a series of lawsuits against numerous infringers of a software patent covering technology concerning download managers used to download music and video games on the internet, receiving millions of dollars in settlements for the client
  • As lead counsel in a name, image and likeness (NIL) dispute filed by 12 plaintiffs, successfully secured a voluntary dismissal of the plaintiffs' Lanham Act on favorable terms after convincing the clients' insurer to fund the entire settlement
  • As lead counsel, before any discovery was conducted and without any settlement payment to the plaintiff, obtained early dismissal of lawsuits asserting infringement of utility patents covering proprietary plant extraction equipment and methods
  • As lead counsel, successfully defended a home builder franchisor and its contractor against claims of copyright infringement of architectural works

  • In a $59 million contract dispute, achieved a summary dismissal of all claims asserted against Fortune 500 client with the judgment affirmed by the U.S. Court of Appeals for the Ninth Circuit; the 12 plaintiffs asserted various causes of action, including breach of contract, tortious interference, breach of fiduciary duty and unfair business practices
  • Convinced the Washington Court of Appeals to reverse a King County trial court's order vacating a judgment that was obtained in Texas and domesticated in Washington under the Uniform Enforcement of Foreign Judgments Act
  • Represented a real estate investor in defending against claims asserted under the Distressed Property Conveyances Act through appeal on matters of first impression concerning the interpretation of multiple provisions of the act
  • Successfully represented a plaintiff in a boundary dispute with a neighbor, who then breached the parties' settlement agreement; the court ordered the defendants to specifically perform their settlement obligations and awarded plaintiff his attorney fees and costs as the prevailing party
  • Awarded a sanction of more than $140,000 against opposing counsel and their firm for their unreasonable and vexatious multiplication and obstruction of the proceedings
  • Recovered from a bank all funds that had been fraudulently transferred from a client's account
  • After prevailing on numerous motions of summary judgment filed by defendants, obtained a favorable settlement for clients against 10 defendants on claims of defamation, invasion of privacy and outrage
  • Successfully represented a video game developer in a contract dispute

Credentials

Education
  • University of California, Berkeley School of Law, J.D.
  • Wesleyan University, B.A., with honors
Bar Admissions/Licenses
  • Washington
Court Admissions
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Northern District of Illinois