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James D. Peterson is a member of the Intellectual Property and Litigation Practice Groups in the Madison office.
Jim has handled a wide variety of commercial and constitutional disputes, concentrating on intellectual property litigation. He has experience in all phases of litigation from preliminary injunctions, to jury trials, and to appeals in both state and federal court. His recent litigation work includes a Markman hearing in a patent case, appellate arguments before the Wisconsin Supreme Court and the Seventh Circuit Court of Appeals, and two patent jury trials. Jim also advises clients on intellectual property issues, and he recently assisted a technical college system develop an institution-wide copyright policy. Jim earned his J.D. from the University of Wisconsin Law School, in 1998, where he was vice-president of the Moot Court Board Executive Committee, an articles editor on Wisconsin Law Review, and a member of the Order of the Coif. From 1998 to 1999, he served as the law clerk to the Honorable David G. Deininger of the Wisconsin Court of Appeals. Jim is the author of numerous academic publications, as well as articles on fee arbitration and legal citation systems published in Wisconsin Lawyer magazine. Jim is the past chairman of the editorial board of Wisconsin Lawyer magazine, and he continues to serve the board as a member. Jim teaches copyright law as a member of the adjunct faculty of the University of Wisconsin Law School, and he is a popular public speaker on copyright issues. He received his Ph.D. in communication from the University of Wisconsin in 1986. Prior to his career in law, James was a faculty member at the University of Notre Dame, where he taught film and television history.
Representative Matters
Lakeside Contemporary Health Services Corp. vs. Design Electric Inc. As lead counsel, Jim defended an electrical contractor against an allegation of negligence leading to a major fire in a commercial building. The jury deliberated for only twenty minutes before returning a verdict completely exonerating the electrical contractor.
Connexus Credit Union v. Connex Credit Union. Jim litigated this trademark dispute in federal court in Connecticut, securing a successful resolution after the hearing on motions for summary judgment.
Baldwin v. NorthSound Music Group. Jim represented a photographer and recording engineer in a dispute over royalties owed by a record company in bankruptcy, which resulted in a favorable settlement.
Dietrich v. Trek Bicycle Company. In two matters before the federal court in the Western District of Wisconsin, Jim represented an inventor of a successful bicycle wheel spoke system. The first matter settled after summary judgment motions were briefed, and the second settled after a Markman hearing.
Benefit Point v. Zywave. In an action filed in federal court in the Northern District of California, Jim represented a Wisconsin company against allegations of misuse of the intellectual property of a California company. Jim negotiated a favorable settlement that resulted in the dismissal of the case before an answer was filed.
Great Lakes Development Corp. vs. Strategic Growth Group. Jim secured a preliminary injunction in Dane County (Wisconsin) Circuit Court, prohibiting the defendant from using the plaintiffs copyrighted materials or from misrepresenting the defendants development projects.
Third Wave Technology v. Stratagene Corp. Jim served as local counsel to Stratagene in a two-week jury trial in the Western District of Wisconsin concerning a patented method of detecting genetic sequences.
Mueller Sports Medicine v. SportStar Athletics, Inc. Jim served as lead trial counsel for SportStar Athletics, taking over the defense of this patent infringement suit just before a jury trial in the Western District of Wisconsin.
Publications
"Beyond Copyright: Protecting Databases"
October 2002
"Supreme Court Clarifies Portion of Electronic Republication Rights Uncertainty"
October 2001
In the News
October 11, 2007 - Jim Peterson featured on WKOW-27 news story "Red Cross President Vows to Fight Logo Lawsuit" (WKOW-27, October 2007)
October 28, 2006 - James Peterson was quoted in, "Power chord struggle. Is putting guitar chords online stealing? Sheet Music Publishers Say Yes; Free Tablature Sites Say No. Now It's Up to the Courts to Decide." (Milwaukee Journal Sentinel)
Seminars & Events
Trends and Hot Topics in Intellectual Property
LaFollette Godfrey & Kahn Spring Seminar Series - May 18, 2005
Admitted to Practice
Wisconsin - 1998
Education
Juris Doctor, University of Wisconsin Law School, 1998, Order of the Coif
Doctor of Philosophy, University of Wisconsin-Madison, 1986, Communication
Master of Arts, University of Wisconsin-Madison, 1984
Bachelor of Science, University of Wisconsin-Madison, 1979.
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