Patent litigation attorney

Robert P. Ziemian

3 tracked appearances — 2 plaintiff · 1 defendant.

Specialty & background

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Robert P. Ziemian — Patent Litigation Practice Summary

Specialty / focus areas. Ziemian is a Haynes and Boone partner in Denver whose practice spans patent prosecution, licensing, and enforcement, with a strong Section 337 / ITC component. His firm bio and litigation record show mechanical and electro-mechanical consumer products as a core area — the tracked dispute over ControlTec's U.S. Patent Nos. 7,207,181 and 7,421,847 concerns refrigeration-unit condensation prevention (frame/door heaters in refrigerated display cases), naming Anthony, Inc. and Hill Phoenix, Inc. (both Dover Corporation subsidiaries) as defendants. Beyond that, his stated technology experience covers medical devices (he was part of the team asserting three medical-device patents for PTS Diagnostics), chemical engineering and industrial process flow, automotive, telecom and voice coding/data transmission, advanced memory devices, software, e-commerce and targeted marketing, and electronic gaming. USPTO filing data also shows substantial prosecution volume for applicants including Halliburton, Nite Ize, Graphcore, Qorvo, Peloton, Toyota, Dialog Semiconductor, Nabors, and Polymer Technology Systems — so the practice is a mix of patent preparation/prosecution and enforcement, not litigation alone.

Side preference. He works both sides, but the tracked record skews patentee-side: two plaintiff-side appearances and one defendant-side appearance across three matters (one as pro hac vice, one as lead counsel, one as patent owner counsel). That matches his public profile, which centers on enforcement for product companies and patent owners — ITC complaints and district court suits on behalf of patent-holders rather than a defense-only operating-company practice. The recorded side designations for the Anthony, Inc. v. ControlTec, LLC caption are internally inconsistent (the same caption appears once with him as plaintiff-side lead counsel and once as patent owner counsel); the underlying PTAB filings confirm he represented ControlTec as patent owner, so the "Anthony as plaintiff" designation should be treated as unverified.

Firm context and notable matters. He has been at Haynes and Boone throughout the tracked period. Reported results:

  • PTS Diagnostics v. ACON Laboratories (ITC Inv. No. 337-TA-1116): Ziemian and Ken Parker led the trial team that secured an ALJ initial determination (June 2019) and a Final Determination (April 2020) finding ACON infringed U.S. Patent Nos. 7,087,397 and 7,625,721 on CardioChek lipid analyzers and test strips, with a limited exclusion order; all validity challenges were rejected.
  • Nite Ize (ITC, c. 2017–2018): he was lead counsel in obtaining a general exclusion order against imported knockoffs of the client's Steelie products, plus 16 specific exclusion orders and cease-and-desist orders — a relatively uncommon ITC remedy, which he has discussed publicly at length.
  • ControlTec, LLC v. Anthony, Inc. et al., No. 1:24-cv-00883 (D. Del., Judge Jennifer L. Hall), filed July 2024: he is Delaware pro hac vice counsel for the patent-owner plaintiff asserting the '181 and '847 refrigeration patents.
  • His firm bio also credits him as part of a patent litigation team that settled a major infringement action for $70 million in 2009 (described as a top-10 IP win that year); the underlying case is not identified in public sources I could verify.

PTAB / IPR experience. Yes — he is an active PTAB practitioner. He is patent-owner counsel (with Ian Rainey and Theodore Foster) for ControlTec in Anthony Inc. v. ControlTec, LLC, IPR2025-00559 (’181 patent) and IPR2025-00636 (’847 patent). He lost the discretionary-denial fight: the Acting Director declined to deny institution under § 325(d) even though both patents expired in July 2025, finding the examiner had materially erred by overlooking the Carter reference. Both petitions were instituted (Aug. 25 and Sept. 30, 2025), and the referral decision has since been cited as authority in other PTAB discretionary-denial disputes. His practice group listing includes "Patent Office Trials," and he has commented in Law360 on Supreme Court/PTAB appellate issues (e.g., Dex Media v. Click-To-Call).

Bar / education. J.D., Suffolk University Law School, 2005 (cum laude; IP concentration); B.S., Massachusetts Institute of Technology (firm bio lists 2001, other profiles 2000). Admitted in Colorado and Massachusetts and registered with the USPTO (Reg. No. 57931); court admissions include the District of Colorado, Southern District of Indiana, and Central District of California. Prior professional experience includes TPL, Inc., Bose, the Navy Office of General Counsel, MWH Global, and Woods Hole Oceanographic Institution.

Firms

Roles

  • pro hac vice1
  • lead counsel1
  • patent owner counsel1

Cases (3)