Meet Us

Litigation Attorney

970-480-5496    |    [email protected]

JAMES B. CONTE brings a wealth of success and experience in all facets of commercial litigation, commercial transactions, patent matters, and trademark matters. In the patent, trademark, and copyright space, James represents large and small businesses and individuals on worldwide intellectual property acquisition, transactions, and enforcement. He routinely obtains key patents and trademarks in the United States (US) and internationally.

In more detail, in his patent practice, James is an expert in the preparation and filing of United States provisional patent applications to protect ideas in the early stages of product development. He prepares and successfully prosecutes to a grant of patent United States non-provisional patent applications to protect US innovation, international patent applications to provide protection for inventions in foreign countries, and US and foreign design patent applications to protect the look of a products.

In his trademark practice, James has extensive experience in acquisition of word and design marks and the obtention of trade dress protection for the look of industrial and consumer products and architecture, including acquisition of trade dress in the look of restaurants. He develops strategies to protect alphanumeric designations that started as part numbers. He also develops local trademark protection in key states in which a client needs to enforce trademark rights.

In his Patent litigation practice, James has first- and second-chair federal and state trial court experience. He vigorously defends clients against charges of patent and trademark infringement. He has successfully defended clients against claims asserted by Starbucks, Talking Rain, and H & R Block. On the flipside, he successfully enforces the rights of clients in patent, trademark, copyright, trade secrets, and non-compete matters.

James provides counseling in the area of patent and trademark risk assessment, legal management, contracts and regulations and has specialized knowledge obtained as a bank auditor.

In connection with his commercial litigation practice, James has litigated breach of contract matters, commercial fraud, breach of warranty, breach of duty of loyalty, and theft of trade secrets.

Respecting Commercial Transactions

James counsels clients in a variety of industries, including media and entertainment, telecommunications, electronics, resorts and hospitality, financial services, and others.

Recent Litigation Matters

180 Physical Therapy v. Next Era Physical Therapy, 2018cv30599, Arapahoe County, CO
Breach of Duty of Loyalty, Breach of Contract, and Theft of Trade Secrets case for Plaintiff

• Won 750,000 Jury verdict
• Prepared for and conducted 1 week Jury Trial
• Presented witnesses for Plaintiff
• Cross examined witnesses for Defendant
• Presented opening arguments
• Presented closing arguments

Nautica Apparel v. iRocker, 2:22-cv-04156, Colorado District Court
Trademark Infringement case representing Plaintiff

• Prepared Complaint
• Prepared Motion to Dismiss Counterclaim
• Prepared Opposition to Motion to Dismiss Complaint
• Prepared interrogatories, document requests on behalf of Plaintiff
• Prepared objections to interrogatories and document requests on behalf of Plaintiff

1881 Extraction v. Kiinja, 22-cv-01225-Colorado District Court
Breach of Complex Transaction representing Defendant

• Prepared Answer, Counterclaim, and Affirmative Defenses
• Prepared Motion to Dismiss Complaint

For general information, please Contact Us online or call (970) 492-0000.