Shane counsels businesses and individuals with complex business disputes and intellectual property matters.
Shane has advised businesses and individuals with commercial disputes and intellectual property matters in Montana since 1998. He graduated with a degree in electrical engineering from Montana State University before attending the University of Montana School of Law. Before joining Coleman, Monson and Small, Shane worked for more than 24 years at Montana offices of large regional law firms, handling complex litigation matters.
His commercial litigation practice includes shareholder disputes, intellectual property, employment, professional engineering negligence, construction, bankruptcy, class actions, and other commercial disputes. Shane’s technical background brings a unique analytical perspective to complex technical disputes. Shane has won trials before judges and juries trials in Montana state and federal courts, as well as in surrounding states. He has also argued appeals before the Montana Supreme Court, the Ninth Circuit Court of Appeals, and the Federal Circuit Court of Appeals.
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Montana State and Federal Courts
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Patent and Trademark Office
Crow Nation Tribal Courts
Shane has also represented clients pro hac vice throughout the region, including Arizona, Nevada, North Dakota, Texas, Washington, and Wyoming.
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J.D., University of Montana
B.S.E.E., Montana State University
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2009-Present, The Best Lawyers in America®
IP Stars - Patent Star, Managing IP
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Energy Heating, LLC v. Heat On-The-Fly, LLC, 15 F.4th 1378 (Fed. Cir. 2021), cert. denied 595 U.S. ___, 142 S.Ct. 1367, 212 L.Ed.2d 325 (March 21, 2022) (patent)
Energy Heating, LLC v. Heat-on-The-Fly, LLC, 889 F.3d 1291 (Fed. Cir. 2018) (patent)
In re Yellowstone Mountain Club, LLC, (Blixseth v. Glasser), 656 Fed. Appx. 307, 2016 WL 3947830 (9th Cir. 2016); 601 Fed. Appx. 504 (9th Cir. 2015); 593 Fed. Appx. 643 (9th Cir. 2015); 460 B.R. 259 (Bankr. Mont. 2011); et al. (bankruptcy)
Preston v. Marathon Oil Company, 684 F.3d 1276 (Fed. Cir. 2012), 277 P.3d 81 (Wyo. 2012) (patent)
Montana Silversmiths, Inc. v. Taylor Brands, LLC, 850 F. Supp. 1172 (D. Mont. 2012) (copyright, trade secrets)
Flexible Lifeline Systems, Inc. v. Precision Lift, Inc., 654 F.3d 989 (9th Cir. 2011) (copyright)
Rippentrop v. E.H. Oftedal & Sons, 356 Fed. Appx. 945 (9th Cir. 2009) (ERISA pension) -
Publications
"Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey, 3d Ed. 2022," Montana Section, Contributor, 2022
"Ruling Eases Challenges to ERISA Benefit Denials," Employment Law 360, September 20, 2006
"New Ninth Circuit Decision May Make It Easier For Participants To Challenge ERISA Benefit Denials," 9/15/2006
"Made in Montana – The Big Sky Difference," Employment Law, April 2006
Speaking Engagements
"Construction Law IP Issues," Construction Law Section – Montana Bar Association, 2021
"Trademarks, Branding, and Related Issues," Big Sky Economic Development Authority, 2021
"Identifying and Protecting Intellectual Property," Big Sky Economic Development Authority, 2021
"Protecting Inventions through Patents, Copyrights, and Trade Secrets," Big Sky Economic Development Authority, 2021
"Patent Webinar," Big Sky Economic Development Authority, 2020
"Identifying and Protecting Intellectual Property," Internal Client Presentation, 2020
"IP Litigation Panel," IP Day Montana, 2018
"IP Litigation Panel," IP Day in Montana, 2018
"Intellectual Property Law in 30 Minutes," Montana Medical Technology Seminar, 2018
"Intellectual Property Law in 30 Minutes," Montana State Bar IP Day in Montana, 2017
"The Progeny of Stern v. Marshall," Montana Bankruptcy Law Section, 2014
"Covenants Not to Compete," 2013
"FMLA Master Class," Employers Counsel Network, 2009
"Fraud on the Trademark Office," 2nd Annual Inland Empire Intellectual Property Institute, Spokane, WA, 2009
"Advanced Employment Law," National Business Institute, 2009
"Employment Laws Made Simple," National Business Institute, 2007
"Intellectual Property and Intellectual Property Litigation," Lorman Education Services, 2007
"FMLA Master Class," Employers Counsel Network, 2007
"Identifying and Protecting Intellectual Property," Montana State University , 2002
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Trustee, Montana State Bar Association
Yellowstone Area Bar Association
Founder and Past Chair, Intellectual Property Section, Montana State Bar