Gunnar Gundersen is an attorney with One LLP. From high-tech patent disputes to advocating for artists under the Visual Artists Rights Act, Gunnar understands the issues that arise in any type of intellectual-property matter. He has experience representing clients in patent, copyright, trade-dress, and consumer-rights litigation and intellectual-property consulting. He also has experience in art law, including helping a museum with an internal investigation.
Gunnar began his legal career as a law clerk to Judge O’Scannlain on the Ninth Circuit. He then worked on high-stakes intellectual-property matters at some of the country’s top firms: Kirkland & Ellis LLP, Irell & Manella LLP, and Latham & Watkins LLP. His work on litigation and transactional matters secured the value of various types of intellectual property and protected clients from aggressive infringement claims.
The IPO recently filed an amicus brief at the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc. supporting a flexible approach to awarding attorneys’ fees. Oral argument is currently scheduled for April 25, 2016. This case presents an important opportunity for the Supreme Court—consistent with its holding in Fogerty v. Fantasy, Inc., 510 U.S. 517, 534 (1994)—to resolve a circuit split regarding how to weigh equitable factors in awarding attorneys’ fees in copyright cases. Attorneys’ fees should be based on a review of all equitable factors and not a product of a formulaic approach that disproportionately weighs certain factors more than others.