Don is a 1984 cum laude graduate of William Mitchell College of Law and a 1978 graduate of Macalester College. He served as an Executive Editor of the William Mitchell Law Review. From 1984 through 1985, he was a law clerk for the Honorable Peter S. Popovich at the Minnesota Court of Appeals. Mr. Niles is a frequently requested speaker in his practice areas including patent, copyrights and trademarks. He has authored a number of publications, including articles dealing with various forms of intellectual property. Don is a member of the American Intellectual Property Association, Minnesota State Bar Association, Minnesota Intellectual Property Law Association, and the Federal Bar Association. Mr. Niles has served as a member of the adjunct faculty at William Mitchell College of Law from 1987 through 2000, teaching courses dealing with civil practice skills, media law and telecommunications.

Honors

Court Admissions

United States Supreme Court
Minnesota Supreme Court
United States Courts of Appeal (Fourth, Eighth and Federal Circuit)
United States District Courts (Minnesota, Eastern District of Wisconsin)
(Has also been admitted in various cases in state and federal courts in California, Colorado, Georgia, Illinois, Massachusetts, New York, Texas, Vermont, Virginia, and Wisconsin)


Alternative Dispute Resolution

Arbitrator, mediator and counsel in a wide variety of intellectual property, telecommunications, antitrust and commercial disputes

Qualified neutral on Minnesota statewide roster (1994 - present)

American Arbitration Association - National Commercial Arbitration Roster

Representative Litigation

BioInteractions, Ltd. v. InSitu Technologies, Inc. (lead arbitration counsel in breach of contract and trade secret dispute involving heart stent technology)

Entegris, Inc. v. Re-Source America, Inc. (lead plaintiff's counsel in declaratory judgment action relating to reusable containers)

Convey Compliance Systems, Inc. v. 1099 PRO, Inc. (lead plaintiff's counsel in trademark and domain name matter successfully tried to jury)

Heidi Ott A.G. v. Target Corporation et al, 153 F.Supp. 2d 1055 (D. Minn. 2001) (lead plaintiffs' counsel in trademark, trade dress, false advertising and right of publicity matter involving collectible dolls)

Three Points, Inc. v. Hasbro, Inc. (lead plaintiff's counsel in royalty and breach of contract lawsuit involving Nerf® footballs)

Royal Sovereign Limited v. Revlon, Inc. (lead plaintiff's counsel in patent infringement action involving artists' tools)

Collyard v. Sienna Corporation, PGA Tour Properties, Inc., et al (lead defense counsel for developers of TPC Twin Cities golf course in Blaine, Minnesota)

Hammer Technologies, Inc. v. Interactive Quality Services, Inc. (lead defense counsel in patent infringement litigation involving telecommunications testing technologies)

Cieslukowski v. Norton Motors International, Inc. et al (lead plaintiff's counsel in successor liability and fraudulent conveyance litigation successfully tried to jury)

In re Workers Compensation Antitrust Litigation (counsel for Liberty Mutual Insurance Company in antitrust class action)

Shepard Road Acquisition Co., Inc. v. Lockheed Martin Tactical Systems, Inc., et al (defense counsel for Lockheed Martin)

Dairy Queen v. Heublein, Inc. (represented Heublein, Inc. in trademark infringement litigation involving beverage mixes)

Master Distributors v. Pako, Inc. et al (plaintiff's counsel in trademark infringement litigation leading to Eighth Circuit Court of Appeals decision, 986 F.2d 219 (8th Cir. 1999), recognizing color as a trademark)

Minnesota High Tech Association. 1999-2004 Co-Chair/Chair of Information Infrastructure Committee.

Minnesota Telecommunications Assn. 1998-2000 Chair of Regulatory Committee.

St. Paul Area Chamber of Commerce, Leadership St. Paul, Class of 1992.

US West Direct Dialogue advisory board member (1986-1992).

“Oh Broadband Where Art Thou and Other Observations on Minnesota’s Telecommunications Infrastructure as We Begin the Twenty-First Century,” 27 William Mitchell Law Review 2175 (2001)

“Review of the 1988 Trademark Decisions of the Court of Appeals for the Federal Circuit,” 38 American University Law Review 1225 (1989)

“A Practitioner’s Guide to Bringing an Appeal in the Minnesota Courts of Appeals,” (co-author with Hon. Peter S. Popovich), 11 William Mitchell Law Review 627 (1985)

Assisted in authoring J. Sonsteng et al, The Trialbook – A Total System for the Preparation and Presentation of a Case (West 1985)