L. Rex Sears, Ph.D. - Equity Shareholder

Mr. Sears primarily represents clients in complex business and intellectual property disputes, including patent, trade secret, trademark, trade dress, and copyright; as well as securities, antitrust, real estate, false advertising, unfair business practice, tortious interference, and contract disputes.  He has considerable experience addressing the difficult and complicated types of procedural issues that can arise in such litigation, including jurisdiction, finality and enforceability of judgments, and choice of law.  Most of his clients are companies in technology-intensive fields, including computer hardware and software, and pharmaceuticals; or leading-edge designers and manufacturers of exercise equipment and other consumer goods.

Mr. Sears has successfully represented clients at the trial and appellate levels, in federal courts across the nation and in Utah and California state courts.  He is admitted to practice in all state and federal courts in Utah; in the United States Courts of Appeal for the Ninth, Tenth, and Federal Circuits; and in the United States Court of Claims.

Prior to entering law school, Mr. Sears taught in the philosophy departments of Harvard University, as a Teaching Fellow; and the University of Utah and Brigham Young University, as visiting faculty.

Primary Practice Focus

• Complex IP Litigation, Inter Partes Conflicts & Mediation and Arbitration
  • Patent Infringement, U. S. and Europe
  • Trademark Infringement
  • Copyright Infringement
  • Trade Dress Infringement
  • Misappropriation of Trade Secrets
  • Breach of Contract
  • Unfair Business Practices
  • Actions Before the International Trade Commission
  • Patent and Trademark Oppositions, U. S. and Europe
  • Actions Before the U. S. Court of Claims
  • Arbitration

• Appeals
  • Before the Court of Appeals for the Federal Circuit and Other Regional Federal Circuit Courts of Appeal
  • Before the Utah and California State Appellate Courts

Other Practice Experience

• Licensing, Other Transactional Work & Client Counseling
  • Patent Infringement Opinions

Technical Experience

• Computer Systems, Software, E-Commerce, Business Methods & Information Technology
  • Software Systems and Architecture

• Mechanics & Mechanical Engineering
  • Exercise & Training Equipment

Community Involvement

• First Vice Chair, Sugar House Community Council
• Cubmaster

Publications

L. Rex Sears, Punishing the Saints for Their “Peculiar Institution”: Congress on the Constitutional Dilemmas, 2001 Utah L. Rev. 581.

Education

• J.D., cum laude, University of Chicago, 1999
• Ph.D., Harvard University, 1996
• A.M., Harvard University, 1993
• M.S., University of Utah, 1990
• B.S., University of Utah, 1988

Professional Admissions and Associations

• Utah State Bar
• American Intellectual Property Law Association (AIPLA)
• American Bar Association
• Federal Bar
• United States Court of Appeals for the Tenth Circuit
• United States Court of Appeals for the Federal Circuit
• United States Court of Claims

Other Information of Interest

Law school

• Casper Platt Award for best paper written by a student of the University of Chicago Law School