Attorney Profile

Sam Straight is a shareholder at Ray Quinney & Nebeker. His practice focuses on intellectual property litigation, including patent, trademark, trade dress, trade secret and copyright matters from pre-litigation enforcement through trial. He works with a wide variety of companies in the protection of their intellectual property rights, and defense against claims of infringement. Mr. Straight also represents clients in other commercial litigation, including securities, shareholder derivative, real property, and appellate litigation matters. He also has extensive experience with litigation involving the direct selling or network marketing industry.  Mr. Straight also has significant experience with all forms of alternative dispute resolution, including arbitration and mediation.

Mr. Straight is the Chair of the Firm’s Intellectual Property Section.

Mr. Straight maintains an AV Preeminent (4.6) rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics.  He has also been selected for inclusion in Mountain States Super Lawyers (2007, 2009-2018) in the category of Intellectual Property Litigation.  Mr. Straight was named one of the Mountain States Super Lawyers Top 100 (2012, 2013 and 2016) and as one of the Top 25 Salt Lake City Super Lawyers (2013).  These lists highlight attorneys who received the highest point totals in the Utah nomination, research, and blue ribbon review process.  Mr. Straight is recognized in Chambers USA in Intellectual Property Law (Band 3).  He has been included on the list of The Best Lawyers in America in Intellectual Property and Patent Litigation and was recognized by Best Lawyers as “Lawyer of the Year” in Patent Litigation for 2017 and 2019.  He has also been voted by his peers throughout the state as one of Utah’s “Legal Elite,” as published in Utah Business Magazine (2005-2018).

REPRESENTATIVE CASES

  • Represents Microsoft in numerous intellectual property actions the U.S. District Court for the District of Utah. See, e.g., Corel v. Microsoft, 2:15-cv-00528; Microsoft v. Softwaresituation.com et al., 2:16-cv-00025, Microsoft v. MBC et al., 2:00-CV-217.
  • Gator Tail v. Mud Buddy and Go-Devil, 29 F.Supp.3d 753 (M.D. La. 2014), aff’d, 618 Fed. Appx. 992, (Fed. Cir. 2015), represented outboard motor manufacturer Mud Buddy as lead counsel and obtained judgment at trial that patents asserted against Mud Buddy were invalid; argued appeal before the Federal Circuit, which affirmed the trial judgment.
  • Domo v. Grow, No. 2:17-CV-812, 2018 WL 2172937 (D. Utah) and Domo v. Turner, No. 170905679 (Utah Third District Court) – Represented business intelligence software company Grow and its founder and former employee in defense of trade secret, patent and related claims, including successful defense of motion for preliminary injunction against employee in state-court action and dismissal of federal-court action, which invalidated asserted patent claim as not patentable subject matter.
  • Hayes v. Redox Chemicals, LLC, No. 9:16-CV-80365 (S.D. Fla.) – Represented plant and soil nutrition company Redox and its founder in breach of contract and related claims brought by former consultant seeking millions of dollars in damages. Obtained dismissal of most claims before trial and served as lead counsel at trial resulting in total defense verdict and dismissal of all claims.
  • Represented Brigham Young University and Dr. Daniel Simmons in breach of contract and trade secret case against Pfizer related to the drug Celebrex in the U.S. District Court for the District of Utah, Case No. 2:06-CV-890.  http://www.nytimes.com/2012/05/02/health/pfizer-settles-byu-lawsuit-over-development-of-celebrex.html?_r=0
  • Represented the United States Olympic Committee and the Salt Lake Organizing Committee for the Olympic Winter Games of 2002 in a number of actions enforcing their trademarks and copyrights in the U.S. District Court for the District of Utah, including use of John Doe seizure orders. See, e.g., USOC et al. v. Doe, 2:02-CV-105; USOC v. Quiksilver et al., 2:02-CV-57.
  • CytoSport, Inc. v. Vital Pharmaceuticals, Inc., 617 F. Supp. 2d 1051 (E.D. Cal. 2009), aff’d, 348 Fed. Appx. 288 (9th Cir. 2009), U.S. District Court for Eastern District of California, obtained Preliminary Injunction, affirmed by the Ninth Circuit, on behalf of the makers of Muscle Milk in trademark and trade dress infringement action.
  • Tahitian Noni International, Inc. v. Thomas H. Thornton et al., Civil No. 100104550, Fourth Judicial District Court, Utah County, obtained Preliminary Injunction against misappropriation of trade secrets and solicitation of network marketing distributors.
  • DigEcor, Inc. v. e.Digital Corporation, 2:06-CV-437, U.S. District Court for the District of Utah, obtained judgment in favor of e.Digital as lead trial counsel on all claims asserted at trial, including judgment dismissing claims for several million dollars in damages; also obtained summary judgment in favor of e.Digital against claims to enjoin e.Digital’s business.

Education

Duke University, J.D., LL.M. in transnational and comparative law, 1996

  • cum laude

Georgetown University, B.S.F.S., International Affairs, 1991

  • cum laude

Prior Professional Experience

  • Associate, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., September 1997 – March 1999
  • Clerkship, Hon. Stephen H. Anderson, U.S. Court of Appeals, 10th Circuit, September 1996-August 1997

Admitted to Practice

  • Utah State Bar, 1996
  • District of Columbia Bar, 1998
  • United States Court of Appeals, 10th Circuit
  • United States District Court, District of Utah
  • Court of International Trade
  • United States Court of Appeals, Federal Circuit

Professional and Civic Activities

  • Chair, Utah Capital Investment Board (2015-present)
  • Member, Utah Capital Investment Board (November 2011-present)
  • Member, Board of Directors, The Leonardo (February 2010-2013)
  • Adjunct Professor of Business Law, Westminster College (2009-present)
  • Chair, Intellectual Property Section, Utah State Bar (2006-2007)
  • Member, Salt Lake City Community Development Advisory Board (2001-2006)

Publications / Presentations

  • GATT & NAFTA: Marrying Effective Dispute Settlement and Sovereignty of the Fifty States, 45 DUKE LAW JOURNAL 216 (1995)

Related News