RANDALL B. BATEMANShareholder Salt Lake City

Email: rbateman@djplaw.com

Main: 801.415.3000 | 801.297.1272

PRACTICE AREAS

• Intellectual Property Copyrights

• Intellectual Property Litigation

• Internet & E-Commerce

• Trademarks and Unfair

Competition

• Trade Secrets

• Patents

• Litigation

ADMITTED TO PRACTICE

• Idaho

• U.S. Patent & Trademark Office

• Utah

Randall (Rand) Bateman is a registered patent attorney who specializes in the

protection of intellectual property. Rand’s experience includes complex intellectual

property litigation, as well as prosecution of patent, trademark, and copyright

matters. He represents local, regional, national, and international clients. Two

particular strengths of Rand’s practice involve patents on medical devices and

shooting range/target technologies. Rand also has extensive experience in

trademark disputes, both in Federal Court and before the United States Patent and

Trademark Office.

To date, Rand has obtained approximately 400 patents and administered the

registration of more than 400 trademarks. He has also litigated numerous patent,

trademark, copyright, and trade secret matters ranging from simple architectural

copyright cases to patent cases involving in excess of 100 claims. His successful

efforts have ranged from seven-figure dollar settlements on behalf of his clients,

to the invalidation of over 100 patent claims spanning four patents on summary

judgment and affirmed unanimously on appeal.

Rand is frequently called on to speak to legal and business groups regarding

intellectual property issues and has published numerous articles regarding

Intellectual Property issues in business.

Rand is also the founder of the Utah Genius awards that honors the top patentees

and trademark registrants in Utah.

AWARDS

• Best Lawyers® (2007 – 2018)

S A L T L A K E C I T Y | L E H I | O G D E N | S T . G E O R G E | D J P L A W . C O M

RANDALL B. BATEMAN

• Super Lawyers (2007 – 2018)

• Best Lawyers® “Lawyer of the Year” – Information Technology Law, Salt Lake City (2016)

• Mountain States Super Lawyers - Top 100 (2012)

• Mountain States Super Lawyers - Top 75 (2011)

• Utah 40 under 40, Utah Business Magazine (2008)

REPRESENTATIVE CASES/DEALS

• Small company sued for trademark, trade dress and copyright infringement. The clients of the small company which made

promotional kits for distributors in the essential oils industry were threatened with being sued if they sold the company’s kits. Shortly

thereafter, the small company was sued for trademark infringement, trade dress infringement and copyright infringement. In response

to the Complaint, We filed a motion to dismiss or, in the alternative, for summary judgement arguing that the Plaintiff had no legal

rights in the trademark and that the company’s kits did not infringe any trade dress or copyrights owned by the Plaintiff. The Court

agreed and dismissed the lawsuit with prejudice.

• Manufacturer sued for patent infringement. The manufacturer of electronics equipment was sued for patent infringement on a medical

method patent. We filed a motion to dismiss on the basis that the facts alleged by the plaintiff proved that our client could not have

infringed the patent because a third party must have performed key parts of the method, thereby preventing liability for our client.

The Court agreed and granted a dismissal with prejudice.

• Software company filed action to stop competitor threatening patent infringement. The owner of a small software company filed

a declaratory judgment action to stop a competitor from threatening his clients with patent infringement by use of the company’s

software. After an unsuccessful mediation, we filed a motion for summary judgment that 4 of the patents claimed ineligible subject

matter. The court agreed, resulting in all 118 claims in the patents being held invalid. The ruling was unanimously affirmed on appeal.

• Inventor was informed by prior patent attorney that his invention was unpatentable because of the prior art. An inventor brought

us a patent application which had been filed by another firm. The prior patent attorney told him that the invention was unpatentable

because of the prior art found by the Examiner. After reviewing the office action, we rewrote the application to comply with Patent

and Trademark Office guidelines and convinced the Examiner to grant two patents for the technology disclosed in the original

application.

• Small online retailer threatened by competitor regarding trademark registration. A small online retailer was threatened by a competitor

who had obtained a trademark registration for a phrase commonly used to describe the products being sold. The trademark owner

had threatened several other competing companies. We filed a cancellation proceeding and obtained summary judgment cancelling the

trademark registration.

• Obtained 28 patents for electro-surgery technology. A start-up company approached us about representing them regarding new

electro-surgery technology. Carefully analyzing and distinguishing the crowded field of prior art, we have obtained twenty-eight issued

U.S. patents and have multiple U.S and foreign applications still pending.

• Misuse of company’s trademark. Our client was struggling with numerous competitors using their company’s marks in Internet tag

lines in order to steer business toward their products. Many of the competitors claimed that the marks were descriptive. By pursuing

cases against several competitors, the misuse of the client’s mark has become rare.

S A L T L A K E C I T Y | L E H I | O G D E N | S T . G E O R G E | D J P L A W . C O M

RANDALL B. BATEMAN

PUBLICATIONS & PRESENTATIONS

• Author, My view: Celebrate World IP Day, Deseret News (April 2016)

• Author, All About Patent Searchs (March 2016)

• Author, Copyright Law 101, Business Connect magazine (October 2015)

• Co-Author, Pleading Patent Ineligibility, Lexology (2015)

• Co-Author, Collateral Estoppel of TTAB Ruling and the Race to the Courthouse, Lexology (April 2015)

• Speaker, New Lawyer CLE, Utah State Bar, What Everyone Should Know About Copyrights (2015)

• Speaker, New Lawyer CLE, Utah State Bar, What Everyone Should Know About Patents (2015)

• Speaker, New Lawyer CLE, Utah State Bar, What Everyone Should Know About Trademarks (2015)

• Author, The Inventor’s Dilemma: New Patent Laws a Trap for the Unwary – Utah Business (2014)

• Co-Author, Forum Shopping in Copyright Cases, Intellectual Property Law Today (March 2014)

• Speaker, Utah County Chamber of Commerce, Navigating the World of Intellectual Property (2013)

• Speaker, Association for Talent Development, Copyright Law for Trainers (2011)

• Speaker, Utah Valley Women’s Business Network, The Enormous Power and Importance of Intellectual Property Protection (2011)

PROFESSIONAL & CIVIC ACTIVITIES

• American Intellectual Property Association (AIPLA)

• Federal Bar Association

• Founder Utah Genius

• Center for Law and Biomedical Sciences, University of Utah, Advisory Board 2016-Present

• Central Utah Bar Association – President (2014 – 2015), Vice President (2013 – 2014)

• Utah State Bar Association – Chair, Intellectual Property Section (1997 – 1998). Chair, Cyberlaw Section, (2006 – 2007)

EDUCATION

University of Utah, S.J. Quinney College of Law, J.D. 1993

• Order of the Coif

• 1st Place Roger J. Traynor Moot Court Competition

• University of Utah National Moot Court Team

• Note and Comment Editor, Journal of Contemporary Law

• Leary Scholar

S A L T L A K E C I T Y | L E H I | O G D E N | S T . G E O R G E | D J P L A W . C O M

RANDALL B. BATEMAN

Weber State College, B.I.S. (Chemistry, Zoology, Anthropology) 1988

• Cum Laude

• Student Senator

• Debate Team

• Founder Delta Theta Zi Fraternity (Now Sigma Alpha Epsilon)

• Finalist, Man of the Year, 1988