With more than a decade of law-firm and in-house experience, Mr. Heuton’s practice includes all aspects of IP litigation, prosecution and appeals work, as well as IP-focused merger and acquisition agreements.
Mr. Heuton has represented clients in federal courts across the country in patent, trademark and contract disputes. He prepares and prosecutes patent and trademark applications and appeals covering diverse technologies including medical device, biotechnology and telecommunications. Mr. Heuton has also earned victories on behalf of his clients at the PTAB and TTAB.
Prior to joining Sheridan Ross, Mr. Heuton was in-house IP counsel at Level 3 Communications where he managed patent litigations, procured patent rights, managed an international trademark portfolio, conducted due-diligence projects, and negotiated vendor and sales agreements. He also worked at the IP law firm, Fitzpatrick, Cella, Harper & Scinto in Manhattan.
During law school, Mr. Heuton served as a student-law clerk to the Honorable Arthur J. Gajarsa, U.S. Court of Appeals for the Federal Circuit. Before attending law school, Mr. Heuton worked for Amgen, Inc. where he researched, developed and implemented new methods of manufacturing interleukin-1 receptor antagonist, used to treat rheumatoid arthritis.
University of Colorado (B.A., Dean's List, Molecular Cellular Developmental Biology, 1999)
Franklin Pierce Law Center (J.D., magna cum laude, 2004)
New York, 2005
United States Patent and Trademark Office, 2008
United States District Court for the Eastern District of New York, 2006
United States of District Court for the Southern District of New York, 2006
United States Court of Appeals for the Federal Circuit, 2005
Colorado IP Inn of Court, Board Member, 2013 to present
Litens Automotive v. Zen S.A. and Zen North America Corp. (S.D. Fla.) – Counsel for Defendants against claims of patent infringement and asserted affirmative defenses of patent misuse against the technology related to overrunning alternator decoupler pulleys. The action was resolved through settlement on terms favorable to defendants.
Oldcastle Precast, Inc. v. Jensen Enterprises, Inc., d/b/a Jensen Precast (E.D. Cal.) – Counsel for Plaintiff asserting claims of patent infringement against the technology related to precast subgrade concrete vaults. The action resolved through settlement on terms favorable to plaintiff.
RD Fashion Group LLC v. Joseph McEvoy d/b/a Ridin Dirty Inc. (T.T.A.B. 2017), Represented clothing retailer in successful cancellation action against the mark “RYDIN DIRTY”
WCM Industries v. IPS Corp., (W.D. Tenn) — Trial counsel for plaintiff in a patent infringement action involving multiple patents related to bath waste and overflow products. Following two-week jury trial, received a jury verdict in favor of plaintiff on all claims asserted, including a finding of willful infringement by defendant. Successfully defended against counterclaims of invalidity and non-infringement.
Court granted request to enhance the jury’s damage award due to willful infringement. Court found that: “based on the egregious nature of IPS’s conduct, that treble damages are appropriate.” Court trebled amount to more than $4.1 million.