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Megan New
OVERVIEW

Megan New

Partner

Chicago

One N. Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P 312-214-8339

F 312-759-5646

Megan New is a trial lawyer who protects intellectual property, representing clients in disputes involving claims of trademark and patent infringement, false advertising and trade secret misappropriation. Megan has played a significant role in IP trials around the country, securing hundreds of millions of dollars in damages for her clients and defending clients against claims for damages and injunctive relief.

OVERVIEW

Megan New is a trial lawyer who protects intellectual property, representing clients in disputes involving claims of trademark and patent infringement, false advertising and trade secret misappropriation. Megan has played a significant role in IP trials around the country, securing hundreds of millions of dollars in damages for her clients and defending clients against claims for damages and injunctive relief.

Megan’s litigation experience spans multiple industries and products, ranging from consumer products to software. She is a notable practitioner and her work has been profiled nationally, including in Law360, Bloomberg, the American Lawyer and the New York Times.

Megan also has a very active practice advising clients on false advertising issues and laws, including counseling clients on compliance with Federal Trade Commission (FTC) guidelines and regulations and federal and state laws. Megan also represents her clients in matters before the National Advertising Division (NAD) of the BBB National Programs, Inc.

With a commitment to helping those in need, Megan maintains an active pro bono practice though which she assists victims of domestic violence, secures IP protection for young or independent artists and defends criminal clients at the appellate level. 

Professional and Community Involvement

  • Member, Intellectual Property Law Association of Chicago
  • Member, ChiWIP

Honors

  • The Legal 500 U.S. — Advertising and Marketing: Litigation, 2017–2018
EXPERIENCE
Experience

Trade Secret Litigation

  • Represented Motorola Solutions against Hytera Communications in a trade-secret misappropriation and copyright infringement action in the Northern District of Illinois, involving two-way radio technology, resulting in a complete jury verdict in favor of Motorola and an award of approximately $764 million, including $418 million in punitive damages.*
  • Represented MercuryGate International against former employee and competitor in trade secret misappropriation case. Obtained TRO against ex-employee and competitor on behalf of client.*

Trademark Infringement Litigation

  • Represented a leading property and casualty insurance company in trademark infringement suit related to use of trademarks in connection with autonomous and non-autonomous driving technology.*
  • Successfully defended national grocery store chain against claims for trademark infringement and trademark dilution, resulting in denial of plaintiff’s motion for preliminary injunction.*
  • Represented drug and alcohol rehabilitation treatment centers and online rehabilitation directories against claims of trademark infringement and false advertising.*
  • Schutz Container Systems, Inc. v. Mauser Corp. and National Container Group, LLC (N.D. Ga.): Represented Mauser Corp. and National Container Group, LLC against claims of trademark infringement and false advertising related to the reconditioning of intermediate bulk containers. Following substantial victory at summary judgment and on eve of trial, obtained favorable settlement for client.*
  • Arcadia Brands Ltd. et. al. v. Studio Moderna SA (N.D. Ill.): Represented defendant and its TOPSHOP brand in trademark infringement and trademark dilution litigation brought by a U.K.-based fashion company and marketer of the TOPSHOP clothing brand. Settled favorably for client.*
  • Janna Sobel v. Daniel Boyd (N.D. Ill): Represented show producer against producing partner in Lanham Act case alleging trademark infringement and various state law claims. Successfully briefed and argued for temporary restraining order on behalf of client. Obtained favorable settlement.*

False Advertising Litigation 

  • Dyson, Inc. v. SharkNinja Operating LLC and SharkNinja Sales Co. (N.D. Ill.): Represented Dyson, Inc. in false advertising litigation with SharkNinja Operating LLC related to SharkNinja’s carpet cleaning superiority advertising claims. Following a two-week jury trial, obtained jury verdict in Dyson’s favor on all grounds, including willful false advertising, and obtained a damages award of $16.4M.*
  • Euro-Pro Operating LLC v. Dyson, Inc. (D. Mass.): Represented Dyson in false advertising action regarding suction performance and carpet cleaning superiority claims. On the eve of trial, plaintiff voluntarily dismissed the case and entered into a favorable settlement with client.*
  • Dyson, Inc. v. Bissell Homecare, Inc. (N.D. Ill.): Represented Dyson, Inc. in alleging that Bissell's advertising related to the filtration performance of its vacuums is false and misleading in violation of the federal Lanham Act and state unfair competition laws. Obtained summary judgment for client, resulting in favorable settlement.*
  • Represented manufacturer of generic brand dietary supplements at trial. Favorable settlement for client achieve prior to jury verdict.*
  • Represented Dyson, Inc. in NAD challenge regarding performance claims made by Euro-Pro for its Shark Navigator Freestyle stick vacuum.*
  • Represented a leading property and casualty insurance company in NAD challenges against major competitor.*

Patent Infringement Litigation 

  • The Sherwin-Williams Co. v. PPG Industries, Inc. (W.D. Pa.): Represented manufacturer of non-BPA inside spray coatings in patent infringement litigation 
  • Impact Engine, Inc. v. Google LLC (S.D. Cal.): Represented patentee in claims against Google related to media-rich advertising generation technology.*
  • The Gillette Company LLC v. Dollar Shave Club, Inc. et. al. (D. Del.): Represented Dollar Shave Club, Dorco, and Pace Shave in patent infringement case related to razor blade technology. Resulted in favorable settlement for clients on eve of trial.*
  • Speculative Product Design, Inc. v. Otter Products, LLC (N.D. Cal.): Represented manufacturer of protective phone cases in patent infringement and breach of contract litigation. Favorable settlement for client.*
  • In the Matter of Certain Protective Case for Electronic Devices and Components Thereof, Inv. No. 337-TA-955 (ITC): Represented manufacturer of protective phone cases in patent infringement investigation. Obtained settlement and dismissal for client.*
  • X-1 Audio, Inc. v. Otter Products, LLC (S.D. Cal.): Defended manufacturer of protective phone cases against claims of patent infringement. Following successful Markman order, case was voluntarily dismissed with prejudice.*
  • Intellectual Ventures v. JP Morgan Chase (S.D.N.Y. 2013), SunTrust Banks (N.D. Ga. 2013), First National Bank of Omaha (D. Neb. 2013), BBVA Compass (N.D. Ala. 2013), Commerce Bancshares (W.D. Mo. 2013), US Bancorp (D. Minn. 2013), Huntington Bancshares (S.D. Ohio 2013) — Representing seven banks in multi-patent infringement litigation involving online banking and security technology.*
  • Represented a leading property and casualty insurance company and certain of its affiliates in patent infringement litigation related to online insurance quoting.* 
  • Represented Motorola in patent infringement litigation involving interpretation of patent license agreements.*

*These matters occurred prior to joining Barnes & Thornburg.

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