Lewis and Roca

Related Practices

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

Associate
vCard
Las Vegas
3993 Howard Hughes Pkwy.
Suite 600
Las Vegas, Nevada 89169
Phone 702.949.8340
Fax 702.949.8374

About Jonathan Fountain

Mr. Fountain is an associate 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. Prior to joining Lewis and Roca, Mr. Fountain was an associate with the international law firm Miller, Canfield, Paddock and Stone in Detroit, Michigan.

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

Representative Cases/Matters

Mr. Fountain’s experience includes complex, multi-party, litigation in the federal courts, before the U.S. Trademark Trial and Appeal Board, and before state courts in both Nevada and Michigan:

Trial Experience
  • Front Row Sports v. Park Avenue Wholesale, Inc., U.S. District Court Case No. 07-1380 (D. Nev.) (obtained $636,520 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 $4.8 million accounting malpractice action after mistrial).
  • Compuware Corp. v. IBM, U.S. District Court Case No. 02-CV-70906 (E.D. Mich.) (trial team member representing IBM in 5-week jury trial in $1 billion antitrust and copyright infringement action over 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.) (pro hac vice) (defense of MGM MIRAGE and corporate 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).

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 Technology 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
  • 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-CV-74925-DT, 2006 WL 799222 (E.D. Mich. Mar. 28, 2006) (obtained dismissal of sale’s representative’s 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. Sept. 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 counterclaims).
  • Melone v. i2 Technologies, Inc., No. 01-CV-73740-DT, 2002 WL 31548606 (E.D. Mich. Oct. 11, 2002) (denying-in-part and granting-in-part former employee’s motion to compel the production of documents and answers to interrogatories in an action to recover sales commissions).

Local Counsel in Complex, Multi-Claim, Multi-Party Disputes
  • Bayer Schering Pharma AG et. al. v. Watson Pharmaceuticals, et al., U.S. District Court Case No. (No. 07-1472) (local counsel for the Bayer plaintiffs and Bartlit-Beck in Hatch-Waxman action against alleged infringers of patents for YAZ contraceptive).
  • Compuware Corp. v. IBM, U.S. District Court Case No. 02-CV-70906 (E.D. Mich.) (local counsel for IBM and Cravath, Swaine & Moore throughout 5-week jury trial in $1 billion antitrust and copyright infringement action over mainframe software tools).

Appellate Work
  • Venture Funding, Ltd. v. Comerica Bank, No. 238046, 2003 WL 21398327 (Mich. Ct. App. June. 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).

Publications

  • 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

Court Admissions

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

Other Distinctions

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 Deposition Skills from the National Institute of Trial Advocacy (NITA).

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