Todd Vare is a trial and appellate lawyer with a national litigation practice focused on intellectual property and business disputes involving patents, trademarks, copyrights, trade secrets, IP and technology licensing, software development, data protection and privacy matters.
IP Litigation Experience
Mr. Vare’s patent litigation experience includes a wide variety of technologies, including Internet-based systems and processes, online retail systems, telecommunications, integrated circuits, software, cellular antenna systems, pharmaceuticals, medical devices, herbicides and pesticides, dielectric fluids, and mechanical devices. Mr. Vare has led teams in jury trials and argued numerous Markman and summary judgment hearings. Mr. Vare also has litigated business disputes involving trademarks, copyrights, and trade secrets. He has been listed since 2012 in the Best Lawyers in America for Intellectual Property Litigation and Patent Litigation. In 2017, Mr. Vare was recognized as a "Lawyer of the Year" by The Best Lawyers in America for his work in Patent Litigation. and is consistently recognized as an Indiana Super Lawyer in Intellectual Property.
Data Security and Privacy Protection
Mr. Vare frequently counsels clients on cybersecurity and data protection, privacy, computer and software issues, e-commerce processes, and other business technology matters. He has assisted clients in managing responses to data breaches involving large and small companies, including breaches affecting all 50 states and dozens of countries. He counsels clients on consumer class actions and state and federal regulatory investigations. He also regularly works with clients to develop proactive plans and processes to prevent data breaches and to respond when they occur. Mr. Vare is a member of the International Association of Privacy Professionals and is on the Board of Editors for the Pratt’s Privacy and Cybersecurity Law Report (published by LexisNexis®). Mr. Vare also serves as co-chair for the firm’s Data Security and Privacy Practice Group.
In addition to trial work, Mr. Vare has substantial appellate experience. He argued before the United States Supreme Court in U.S. v. Santos (opinion issued June 2, 2008), which resulted in a victory for his client in a criminal case involving the scope of the federal money laundering statute. He also has successfully argued appeals before the Federal Circuit, Seventh Circuit, Eleventh Circuit, and Indiana Court of Appeals, as well as before the Patent Trial and Appeals Board.
Representative Litigation Engagements
Mr. Vare’s representative litigation cases include:
- Represented online sporting goods and apparel company against claims alleging infringement of inventory-based selling methods. Filed and argued motion for judgment on the pleadings that the asserted claims of the patent in suit were invalid under 35 U.S.C. § 101. District court granted the motion and found the patent invalid.
- Represented online sporting goods and apparel company against claims of infringement of a patent directed to e-commerce methods and systems.
- Represented integrated circuit design company in a case alleging infringement of patent directed to very large scale integrated read-only-memory chips.
- Represented multinational corporation specializing in Internet-related services and products against claims for infringement of patents directed to single number services. Obtained summary judgment of noninfringement.
- Represented multinational corporation specializing in Internet-related services and products against claims for infringement of patents to call-back systems and platforms, including least-cost routing through PSTN and VoIP networks.
- Represented small technology company in patent infringement suit brought against several large multinational electronics and semiconductor companies. The asserted patent covered systems and methods for serial device compaction for improving integrated circuit layouts. The case was settled with each defendant entering into a license agreement to the patent.
- Represented a video game producer against claims alleging infringement of a patent directed to interactive networked multiplayer video gaming methods and systems.
- Represented online retailers against claims alleging infringement of a patent directed to receiving, storing and labeling information.
- Represented premium in-vehicle electronics and infotainment systems manufacturer against claims alleging infringement of a patent directed to GPS tracking technology.
- Represented multiple defendants in a patent infringement case relating to geographic-based location determining systems and methods.
- Represented online retailer against claims for infringement of patents directed to store locator systems.