James C. Otteson

In one of his career's biggest victories, Otteson found himself fighting for the little guy.

It was a five-year David and Goliath-like battle that left a small game company, Innovention Toys LLC, pitted against industry giants like Bratz dollmaker MGA Entertainment Inc.

"It was a really fun case," Otteson said. "I love technology and that's why I enjoy patent litigation."

The game company accused MGA of copying its chess-like laser board game, Khet, in 2007. MGA had created a similar game called Laser Battle and sold it through retailers and co-defendants Wal-Mart Stores Inc. and Toys R Us Inc.

In November 2012, a Louisiana federal jury awarded some $1.6 million in damages to Innovention. Innovention Toys LLC v. MGA Entertainment Inc. et al., 07-06510 (E.D. La., filed Oct.5, 2007).

But the case didn't end there.

Last June, the court found MGA's infringement had been willful and awarded enhanced damages, trebling the amount the jury had awarded to about $4.7 million.

The court also found the case was exceptional and justified an award of more than $2 million in attorney fees, in addition to an award of taxable and nontaxable costs, prejudgment, and postjudgment interest.

Otteson says his competitive nature caused him to naturally gravitate toward litigation. "There is nothing more challenging than working a patent case. You have to learn the technology well," he said.

"But one of the things I'm good at is explaining to people what the technology is and how it works," said the attorney, who spent much of his career at Wilson Sonsini Goodrich & Rosati PC before starting his own firm. "It's fun to be able to do that."

- Sarah Parvini