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Evan W. Talley

Of Counsel

Evan co-chairs the firm’s intellectual property practice group and leads the IP dispute and litigation team. In that role, Evan enforces and defends his clients’ interests in primarily in disputes concerning IP rights (patent, trademark, trade dress, copyright, trade secrets, rights of publicity, unfair competition, deceptive trade practices, artists’ and moral rights, and breach of licensing agreements). Evan’s practice ranges from advising clients on pre-litigation disputes and issues to representing and counseling clients on all aspects of litigation, including early stages of litigation through discovery, trial, appeal, and post-judgment enforcement. Evan’s clientele includes multi-national organizations, large public agencies, and start-ups.

Evan diligently strives to reach the optimal result for his clients, whether through non-litigated negotiation and resolution or enforcing or defending his clients’ rights in court. Evan is involved in all aspects of the pre-litigation and litigation process, from sending and responding to cease-and-desist letters to the commencement of litigation, pursuing and defending requests for injunctive relief, discovery and motion practice, and, ultimately, through trial and appeal.

Evan is licensed to practice in Oklahoma and Illinois and is admitted to practice in additional other courts across the country. Evan’s recent litigation experience includes cases in state and federal district courts in Oklahoma, Illinois, California, Connecticut, Florida, Minnesota, New York, Texas, Pennsylvania, Washington, Oregon, Alaska, and Ohio, as well as the Patent Trial and Appeal Board, the Trademark Trial and Appeal Board, and the American Arbitration Association. He has recently argued appeals before the United States Courts of Appeals for the Federal, Sixth, and Tenth Circuits, as well as the California Supreme Court.

Early in his career in IP litigation, Evan was successful in preventing multiple clients’ trade secret, confidential, and proprietary information submitted to state and federal agencies from being made publicly available through FOIA and state open records requests. Evan’s more recent work highlights include:

  • First-chairing a trial involving claims brought under the Visual Artists Rights Act (“VARA”) and securing the first decision in the Tenth Circuit regarding the permissible scope of VARA waivers;
  • Obtaining a pre-trial dismissal with prejudice for a pro bono client for claims of trademark infringement and violation of the right of publicity related to the use of a deceased professional athlete’s name and likeness;
  • Procuring a dismissal and attorneys’ fees under the Oklahoma anti-SLAPP statute on behalf of a popular local digital media publication;
  • Utilizing the ex parteseizure provision of the Defend Trade Secrets Act to ensure the return of a client’s misappropriated trade secrets;
  • Obtaining a dismissal with prejudice and invalidation under 35 U.S.C. Sec. 101 of a patent directed to background investigation software intended to assist public agencies in conducting background checks during the application process;
  • Successfully defending against efforts to enjoin a client from using well-known dissolvable materials in down-hole frac tools;
  • Securing a dismissal with prejudice of trademark and related claims brought against a client in the automotive parts aftermarket and negotiating an advantageous settlement of that’s client’s counterclaims;
  • Obtaining orders through the anti-cybersquatting provisions of the Lanham Act and World Intellectual Property Organization (“WIPO”) requiring transfer of unlawfully held domain names; and
  • Arguing patent eligibility (Federal Circuit) and copyright fair use (Tenth Circuit) in the U.S. Courts of Appeal.

Prior to joining Ryan Whaley, Evan accumulated more than a decade of intellectual property experience at boutique firms in Los Angeles and Oklahoma City. Evan has also served as outside counsel for Oklahoma’s largest public utility company.

Education

B.B.A., Management, with Highest Honors, University of Oklahoma Price College of Business, 2005

J.D., with Honors, University of Oklahoma College of Law, 2009

Bar and Court Admissions

  • Oklahoma
  • Illinois
  • S. District Courts:
    • Western District of Oklahoma
    • Eastern District of Oklahoma
    • Northern District of Oklahoma
    • Eastern District of Texas
    • Southern District of Texas
    • District of Colorado
    • Southern District of New York
    • Northern District of Illinois
  • S. Courts of Appeals
    • Federal Circuit
    • Sixth Circuit
    • Tenth Circuit

Awards and Recognition

  • Super Lawyers Rising Stars, 2019 to Present
  • Best Lawyers, 2020 to Present
    • Litigation – Intellectual Property
    • Litigation – Patent
    • Trade Secrets Law
    • Trademark Law
  • Order of the Coif
  • American Indian Law Review
  • Top 10 Speaker in 1-L Moot Court Competition