Jonathan W. Fountain

Education

  • J.D., University of Michigan Law School, 2001
  • B.A., Political Science, cum laude, University of Nevada, 1998

Bar Admissions

  • Nevada, 2007
  • Michigan, 2002

Clerkships

  • Michigan Clinical Law Program

Jonathan W. Fountain

Of Counsel
3993 Howard Hughes Pkwy.
Suite 600
Las Vegas, Nevada 89169
Phone 702.949.8340
Fax 702.949.8374
Mr. Fountain is Of Counsel with the firm’s Intellectual Property and Commercial Litigation Practice Groups. He litigates complex domestic and international intellectual property and business disputes in the federal and state courts. He has appeared in more than 100 cases in the United States District Court for the District of Nevada since 2006. Prior to joining Lewis Roca Rothgerber, Mr. Fountain was an Associate in the Commercial Litigation Practice Group at the international law firm Miller, Canfield, Paddock and Stone in Detroit, Michigan.

While in law school, Mr. Fountain was a member of the Native American Law Students Association, an associate and an executive editor of the Michigan Journal of Race & Law, a research assistant to Professor Paul H. Robinson, and a recipient of the “Best Paper” award in Professor William R. Jentes’ complex litigation seminar.

Representative Cases/Matters

Mr. Fountain’s experience includes litigation in the federal courts, before the United States Patent and Trademark Office, and before State courts in Nevada and Michigan:

Trial Experience
  • Front Row Sports v. Park Avenue Wholesale, Inc., U.S. District Court Case No. 07-1380 (D. Nev.) (obtained jury verdict against distributors of counterfeit Major League Baseball jerseys).
  • In re Connolly North America, LLC, No. 02-4725, 2007 WL 2932769 (Bankr. E.D. Mich., Oct. 9, 2007) (obtained dismissal with prejudice of accounting malpractice action as a discovery sanction).
  • Compuware Corp. v. IBM, U.S. District Court Case No. 02-70906 (E.D. Mich.) (trial team member representing IBM in 5-week jury trial in antitrust and copyright infringement action concerning mainframe software tools).

Copyright and Trademark Litigation 
  • Righthaven LLC v. MajorWager.com, Inc., U.S. District Court Case No. 10-1013 (D. Nev.) (defense of Canadian website owner accused of copyright infringement based upon third-party’s post of newspaper article within “forums” section of website).
  • Soroush Designer Rugs & Carpet Collection, Inc. v. MGM MIRAGE et al., U.S. District Court Case No. 08-2579 (D. Md.) (defense of MGM MIRAGE and affiliates in copyright infringement action concerning design for main casino carpet).
  • Société des Bains de Mer et du Cercle des Etrangers à Monaco v. MGM MIRAGE, et al., U.S. District Court Case No. 08-03157 (S.D.N.Y.) (defense of MGM MIRAGE in federal trademark infringement action based upon use of the MONTE CARLO mark in connection with the Monte Carlo Resort & Casino on the Las Vegas Strip).
  • Visa Int’l Serv. Ass’n v. JSL Corp., U.S. District Court Case No. 01-00249 (D. Nev.) (prosecution of Visa International’s trademark infringement and dilution claims based on JSL’s use of evisa.com).
  • 56 Hope Road Music, Inc. v. Mayah Collections, Inc., U.S. District Court Case No. 05-01059 (D. Nev.) (prosecution of trademark and rights of publicity claims on behalf of the estate of Bob Marley against producers of unlicensed merchandise).

Patent Litigation 
  • Spectrum Pharmaceuticals, Inc. et al. v. Sandoz, Inc., United States District Court Case No. 12-00111 (D. Nev.) (local counsel for Spectrum Pharmaceuticals in Hatch-Waxman action)
  • Bayer Schering Pharma AG et. al. v. Watson Pharmaceuticals, et al., U.S. Dis.trict Court Case No. 07-1472 (D. Nev.) (local counsel for the Bayer plaintiffs in Hatch-Waxman action against alleged infringers of patents for YAZ contraceptive). 
  • Bayer Schering Pharma AG et al. v. Lupin Pharmaceuticals, et al., U.S. District Court Case No. 10-1166 (D. Nev.) (local counsel for the Bayer plaintiffs in Hatch-Waxman action against alleged infringers of patents for YAZ contraceptive). 
  • Bayer Schering Pharma AG et al. v. Sun Pharmaceuticals, et al., U.S. District Court Case No. 11-0054 (D. Nev.) (local counsel for the Bayer plaintiffs in Hatch-Waxman action against alleged infringers of patents for YAZ contraceptive). 
  • Bayer Schering Pharma AG et al. v. Mylan Pharmaceuticals, et al., U.S. District Court Case No. 11-0604 (D. Nev.) (local counsel for the Bayer plaintiffs in Hatch-Waxman action against alleged infringers of patents for YAZ contraceptive).

International Litigation
  • Aristocrat Technologies, Inc. v. High Impact Design and Entm’t, S.A., et al., U.S. District Court Case No. 07-1033 (D. Nev.) (prosecution of breach of contract and trademark infringement claims against Venezuelan and Peruvian operators of electronic gaming machines).
  • Nav N Go Kft. v. Mio Tech. USA, Ltd., U.S. District Court Case No. 08-1384 (D. Nev.) (obtained preliminary injunction on behalf of Hungarian-based software developer against alleged infringers of copyrighted GPS navigation software).
  • MDS America, Inc. v. MDS Int’l, S.A., U.S. District Court Case No. 04-72353 (E.D. Mich.) (defense of French telecommunications company in indemnification and declaratory judgment action concerning alleged assignment of broadband wireless patent rights).

Commercial, Employment, and White Collar Litigation
  • Bentley Industries, Inc. v. Longevity Network, LLC, United States District Court (D. Nev.) Case No. 12-01067 (defense of breach of contract action and prosecution of counterclaims).
  • American Family Mut. Ins. Co. v. Canada Lytle Agency, Inc. et al., Eighth Judicial District Court, Clark County, Nevada, No. A549435 (representation of American Family in terminated agent litigation).
  • Cardinal Health 414, Inc. v. Biotech, Inc., U.S. District Court Case No. 03-00472 (D. Nev.) (prosecution of antitrust counterclaims alleging unlawful tying of nuclear medicine practice management software to prescription radiopharmaceuticals in a copyright infringement and antitrust suit).
  • Mozdzierz Consulting, Inc. v. Mile Marker, Inc., No. 04-74925, 2006 WL 799222 (E.D. Mich. Mar. 28, 2006) (obtained dismissal of declaratory judgment and breach of contract claims against automobile winch manufacturer for allegedly unpaid sales commissions).
  • Kmart Corp. v. Areeva, Inc., No. 04-40342, 2005 WL 2290678 (E.D. Mich. Sep. 20, 2005) (prosecution of Kmart’s RICO claims against recycler and defense of Kmart against counterclaims for defamation, false light, invasion of privacy, and injurious falsehood).
  • Melone v. i2 Technologies, Inc., No. 01-73740, 2002 WL 31548606 (E.D. Mich. Oct. 11, 2002) (defense of software company in action brought by former sales representative to recover allegedly unpaid sales commissions).

Local Counsel in Complex, Multi-Claim, Multi-Party Disputes
  • Spectrum Pharmaceuticals, Inc. et al. v. Sandoz, Inc., United States District Court Case No. 12-00111 (D. Nev.) (local counsel for Spectrum Pharmaceuticals in Hatch-Waxman action).
  • Bayer Schering Pharma AG et. al. v. Watson Pharmaceuticals, et al., U.S. District Court Case No. 07-1472 (D. Nev.) (local counsel for the Bayer plaintiffs in Hatch-Waxman action against alleged infringers of patents for YAZ contraceptive).
  • Bayer Schering Pharma AG et al. v. Lupin Pharmaceuticals, et al., U.S. District Court Case No. 10-1166 (D. Nev.) (local counsel for the Bayer plaintiffs in Hatch-Waxman action against alleged infringers of patents for YAZ contraceptive).
  • Bayer Schering Pharma AG et al. v. Sun Pharmaceuticals, et al., U.S. District Court Case No. 11-0054 (D. Nev.) (local counsel for the Bayer plaintiffs in Hatch-Waxman action against alleged infringers of patents for YAZ contraceptive).
  • Bayer Schering Pharma AG et al. v. Mylan Pharmaceuticals, et al., U.S. District Court Case No. 11-0604 (D. Nev.) (local counsel for the Bayer plaintiffs in Hatch-Waxman action against alleged infringers of patents for YAZ contraceptive).
  • Compuware Corp. v. IBM, U.S. District Court Case No. 02-70906 (E.D. Mich.) (local counsel for IBM and Cravath, Swaine & Moore throughout 5-week jury trial in antitrust and copyright infringement action concerning mainframe software tools).

Appellate Work
  • Venture Funding, Ltd. v. Comerica Bank, No. 238046, 2003 WL 21398327 (Mich. Ct. App. Jun. 17, 2003) (affirming summary judgment in Comerica’s favor on fraud and breach of contract claims based on Comerica’s sale of stock securing master revolving note).

Memberships and Affiliations

  • American Intellectual Property Association (AIPLA), Member

Publications

  • Author, "Challenges in the International Discovery Area," in Complying with International Discovery Regulations, 2012
  • Author, "Las Vegas Startup Sues Websites: Copyright Trolls and the Rise of the Internet Police," Lewis and Roca IP Blog, September 23, 2010
  • Author, “Don’t Crap Out on Copyrights,” Casino Enterprise Management Magazine, April 2010
  • Author, “U.S. Supreme Court Holds Copyright Registration Not a Jurisdictional Prerequisite to Filing Suit," Lewis and Roca IP Blog, March 16, 2010
  • Author, "Service of Process Abroad," Nevada Lawyer, October 2008

Speaking Engagements

  • Speaker, “Understanding Intellectual Property and How to Monetize It,” Alliance for Nevada Non-Profits, May 2011
  • Speaker, “What is Intellectual Property?”, Sierra Arts Foundation, November 2010

Court Admissions

  • Nevada Supreme Court
  • U.S. District Court for the District of Nevada
  • U.S. Court of Appeals for the Ninth Circuit
  • Michigan Supreme Court
  • U.S. District Court, Eastern District of Michigan

Other Distinctions

Mr. Fountain is named in the 2012 edition of Nevada Business' Legal Elite Top 150, in the areas of Intellectual Property and Litigation. He has been mentioned on Bloomberg.com and Law360.com, quoted by the Chicago Reader and the Las Vegas Sun, and has been interviewed by National Public Radio in connection with his representation of defendants in copyright infringement cases filed by Righthaven LLC.

While at the University of Nevada, Mr. Fountain was awarded the Political Science Department Scholarship, was inducted into the Phi Kappa Phi and Golden Key national honor societies and made the Dean’s List seven times.

Mr. Fountain also possesses a Certificate in Trial Skills and a Certificate in Deposition Skills from the National Institute of Trial Advocacy (NITA).