Colbern C. Stuart, III

stuartCole.jpg
CEO, Managing Partner
Intellectual Property
Los Angeles
1.877.LEXEVIA
D: 
310.746.6112
F: 
424.228.5272
Favorite Quote: 

“And whosoever digeth a pit, shall fall in it. And whosever digeth a pith, shall bury in it. If you are a big tree, we are a small axe. Ready to cut you down, very sharp, to cut you down." ~ Bob Marley


Before Lexevia: Shareholder, Heller, Ehrman; Partner, Katten Muchin, Roseman

Mr. Stuart is the founder and CEO of Lexevia. He focuses his practice on Intellectual Property, with a depth of experience in patent and trademark infringement litigation, theft of trade secrets and unfair business practice litigation, consumer class action litigation, licensing disputes and strategic business consulting. He regularly works with technology and software companies and advises clients regarding Internet and new media matters, consumer and child protection regulation, privacy, digital copyright and e-mail "spam" regulation.

Mr. Stuart has worked at the United States Attorneys office for the Disrtict of Columbia prosecuting felony crimes, including homicide, sexual assault, drug trafficking, grand theft, and related crimes.  He attended a year abroad at Oxford University in Oxford, England and has undertaken assignments in Germany, Switzerland, Italy, China, and India.  He travels extensively in his work for his many international clients. 

He has been a Partner and Associate at several large international firms, including Paul Hastings; Katten, Muchin, Rosenman; Brobeck, Phleger,&Harrison; and Heller Ehrman.  Mr. Stuart has also been a feature actor in several award-winning short films, cast as a news anchor, a corporate CEO, a mean boss, a father, an MMA fight promoter, and, not surprisingly, a lawyer.

Mr. Stuart founded Lexevia in 2008 to create an evolved law firm. Lexevia is a platform for the most talented attorneys to practice law outside of a traditional big firm environment. Lexevia uses the latest research, networking, and communication technologies to provide the same high level of service as we did at large firms, but far, far more efficiently. The savings in overhead, inefficiency, and waste are passed along directly to Lexevia clients.

Lexevia - an evolution in law.

Engagements include:

M.G.M. et al. v. Grokster et. al. Representation of peer-to-peer technology company in groundbreaking copyright litigation establishing new grounds for contributory copyright liability for software manufacturers.

Microsoft v. Lindows.com, Inc. Successful representation of a software company in the first challenge against Microsoft Corporation to its claim to the WINDOWS trademark.  Mr. Stuart and his team of litigators established that the WINDOWS mark was "generic" and therefore unenforceable.  Microsoft paid Mr. Stuart's client $20 million to settle the lawsuit.

Oakley v. Sunglass Hut, Inc. Representation of Luxotica, SPA, the world's largest sunglass manufacturer, in a massive patent infringement litigation case involving advanced optics technology. Mr. Stuart's case resolved after a favorable ruling before the Court of Appeals for the Federal Circuit.

Mr. Stuart regularly represents  high-tech companies in a wide variety of matters, including intellectual property, corporate counseling, transactions, marketing strategies, and financing.


In the News

Did Microsoft just sneakily patent an open-source tool?

Raging through the tech blogs Thursday was a Groklaw report that Microsoft seemingly has sneakily patented an open-source technology called "sudo."

Microsoft tries blocking Word ban; gives appeal notice

Microsoft on Tuesday filed an emergency motion to delay a Texas judge's ban on selling one of its flagship products, Word, and gave official notice that it will appeal his ruling that the software giant infringed a patent held by a small Canadian company.

Should Microsoft worry about judge's ban on Word?

Microsoft may have a doozy of a case on its hands after a Texas judge ruled earlier this week that it can no longer sell Word, in the ubiquitous program's current form, in the United States.


Practice Areas

Intellectual Property
Corporate Counseling
Corporate Transactions
Licensing
Civil Litigation
Antitrust

Education and Honors

J.D., Cum Laude, California Western School of Law, 1995

Executive Editor, California Western Law Review

George M. Gafford Trial Team-National Semifinals

Brian D. Malloy Scholarship

B.A. Southern Methodist University, 1990

President, Pi Kappa Alpha Fraternity

Admitted in:

California
Nevada
Arizona

Court Admissions:

United States Court of Appeals Ninth Circuit
United States District Court
Central District of California
Northern District of California
Southern District of California

Memberships

State Bar of California, State Bar of Arizona, State Bar of Nevada, Los Angeles County Bar Association, Los Angeles County Intellectual Property Lawyers Association, San Diego County Bar Association, San Diego Intellectual Property Lawyer's Association, Orange County Intellectual Property Lawyers Association, Inns of Court

Publications:

''Discovery and Privilege'', Chapter 6, Patent Litigation, Practicing Law Institute, Laurence Pretty, ed. 2003, 2004, 2005, 2006

''MGM v. Grokster: Multimillion-Dollar Questions That the Supreme Court Did Not Answer'' Intellectual Property&Technology Law Journal

''IP Gains Importance in the Valuation of Company Assets'' Intellectual Property Today, May, 2004

''Don't Fear the Reaper: An Insurer's Liability for a Punitive Damages Award Against its Insured,'' November, 2000

''Mean, Stupid Defendants Jarring Our Constitutional Sensibilities: Due Process Limits on Punitive Damages After TXO Production v. Alliance Resources,'' 30 Cal. W. L. Rev. 313 California Western Law Review 1994

''The Ghost In the Machine--Business Method Patents'' 2004 California State Bar Intellectual Property Summit
HOME  |  ATTORNEYS  |  PRACTICE AREAS  |  JOIN US  |  CONTACT