Donald E. Lake, III

Mr. Lake is an experienced trial and appellate attorney focusing his practice in the areas of intellectual property, antitrust and commercial litigation, with an emphasis on the intersection between patent and antitrust law. Mr. Lake has tried more than 65 jury trials, including more than 60 as lead counsel, and has also represented clients in dozens of appeals in both federal and state courts. Through this extensive trial and appellate experience, he honed his skills in communicating complex scientific and legal principles into digestible arguments for juries.

Mr. Lake has served as lead counsel for clients in patent infringement suits involving subject matter as diverse as software, electrical engineering, fluidics and biomechanics of small particles, primarily in the biotechnology and agri-business fields. He is experienced in complex litigation, currently managing cases as complex as patent litigation involving 11 patents-in-suit with asserted antitrust counterclaims, to working with multi-district litigation involving the measurement of petroleum by volume in disparate temperatures. In addition to these complex cases, he recently secured a jury verdict for a small business, and against all of defendant's counterclaims in a breach of contract dispute against a multinational mining company.

In his role as appellate counsel, Mr. Lake represented amicus curiae in Microsoft v. i4i, he has briefed several cases before the Federal Circuit Court of Appeals, secured an original proceeding from a Colorado trial court to the Colorado Supreme Court on a question of physician privacy and has appeared before the 10th Circuit Court of Appeals and the Colorado Court of Appeals.

Mr. Lake's clients range from sophisticated animal agriculture corporations, companies who provide software for public entities such as police forces and court systems, mobile payment software designers, health care systems designers and fluidics designers. He represents small and large entrepreneurs and established companies in the United States, the European Union and in Asia.

Prior to private practice, Mr. Lake served for three years as Deputy District Attorney for the Eighteenth Judicial District, where, in addition to a significant trial docket, he was tasked with teaching new deputy district attorneys how to try cases.

Good to know

Areas of Practice 1) Intellectual Property & Technology, 2) Antitrust & Competition Law and 3) Business Practices
Law School University of Denver, Sturm College of Law (J.D.)
Bar Member / Association Colorado State Bar Association
Most recent firm Lewis Brisbois Bisgaard & Smith LLP
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