Mackall, Crounse & Moore, PLC has joined Dewitt Ross & Stevens S.C.

The newly formed DeWitt Mackall Crounse & Moore S.C. will provide clients with enhanced legal services
and efficiencies as well as access to more than 100 attorneys practicing in nearly 30 areas of
law in Wisconsin and Minnesota.

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Recognized as leaders in the Intellectual Property (IP) field by IAM Patent 1000, IP Stars, Martindale-Hubbell, World Trademark Review and others – our attorneys work with clients around the world in all matters related to IP. Whether it is an invention or trademark, patent prosecution, or licensing a trade secret – we ensure our clients maintain a competitive edge while also protecting against intellectual property theft and misuse.

Primary Areas of IP:

Copyrights • Patents • Trademarks • Trade Secrets • Unfair Competition

Snapshot of Services:

Availability • Due Diligence • Filing • Infringement • Licensing • Litigation •Monetization
Opinions • Portfolio Analysis • Preparation | Prosecution • Registrability • Validity

By the Numbers:


IP Numbers for 2020
Examples of Some of the Industries and Technologies Our Team Covers

Intellectual Property Litigation

If you are faced with an Intellectual Property (IP) litigation issue, turn to the strength and experience of DeWitt’s IP litigation team, which has successfully represented the IP interests of clients in federal and state courts across the country.  Whether faced with patent litigation, a patent post grant proceeding, a trademark or copyright dispute, trademark opposition and cancellation proceeding or any other IP litigation matter – DeWitt’s team of seasoned attorneys understands the many nuances involved with intellectual property litigation matters.


  • More than 130 attorneys
  • Offices in Green Bay, Madison, Metro-Milwaukee and Minneapolis
  • International clientele
  • Large, publicly traded clients
  • Small, local business clients
  • Proven track record of success
  • Ability to "Right-Size" the team in response to case demands
  • Service as local Minnesota and Wisconsin counsel for firms across the country and around the world.  

Experience and Results


DeWitt attorneys have represented clients in state and federal courts throughout the U.S., foreign courts and administrative tribunals, U.S. Customs Enforcement, and administrative proceedings such as PTAB, TTAB and ex parte reexamniations.


  • $4.2 Million Jury Verdict – Software Theft
  • $2.5 Million Jury Verdict – Trade Secret Theft
  • $4.1 Million Jury Verdict – Copyright Infringement
  • $3.25 Million Jury Verdict – Trademark Infringement
  • $23 Million Jury Verdict – Breach of Cross License
  • Copyright Defense - $0 Jury Verdict – Case Dismissed
  • Copyright Infringement -- Injunction Granted, Damages Settled –
  • Trade Dress and Copyright Infringement --  $0 Settlement,  Case Dismissed
  • Trademark Dilution Defense –Case settled, $0 paid, client still using mark
  • Patent Troll Defense – Troll’s patent invalidated
  • Patent Troll Defense - $0 – Cases Dismissed
  • Opponent’s Patent Invalidated - PTO
  • Successful Defense of Patents in Inter Parties Reviews – PTO
  • Successfully Invalidated Patents in Inter Parties Reviews – PTO
  • Opponent’s Trademarks
  • Invalidated
  • Trade Secret Defense—Settled, commissions paid to client
  • Patent infringement settlement after trial victory – successfully represented patent owner in infringement action in medical 

Patents, Copyrights, Trademarks, Trade Secrets and Patent Trolls


DeWitt has the strength and experience to be your legal team.  Our patent litigation practice includes:

  • Representing patent owners and accused infringers in courts throughout the U.S.
  • Prosecuting and defending clients in Inter Parties Review and Reexamination Proceedings in the USPTO
  • Coordinating litigation efforts in foreign tribunals

We know how to develop and implement strategies that work.  


Results speak volumes.  That is why major media companies, software companies, jewelers, musician, photographers, authors and other artists regularly look to DeWitt to enforce their rights and defend them in copyright disputes.


DeWitt’s IP litigation team’s trademark practice includes:

  • Enforcement and defense of trademark claims in court
  • Working with the U.S. Customs Service
  • Prosecution and defense of client rights in opposition and cancellation proceedings before the Trademark Trial and Appeal Board
  • Protecting client’s foreign trademark rights throughout the world

Trade Secrets

Trade secrets are now protected by both state and federal law. Non-disclosure, non-solicitation and non-compete agreements often go beyond the trade secret statutes.  DeWitt’s litigation team regularly defends the rights of companies and individuals in all such matters.

Slaying Patent Trolls

DeWitt IP litigators have a proven track record of defeating patent trolls.  We understand how patent trolls operate and our attorneys have repeatedly defeated them.  One Troll’s patent was held both invalid and unenforceable due to inequitable conduct. Even in the courts that trolls prefer, DeWitt attorneys have repeatedly defeated them resulting in court dismissals with $0 paid to the troll. 

Representative Court Appearances

DeWitt Attorneys Represented Clients in the Following Courts:

  • District of Arizona
  • Superior Court of Arizona for Maricopa County
  • Central and Northern Districts of California
  • Superior Court of California for Los Angeles County
  • District of Delaware
  • Middle and Southern Districts of Florida
  • Circuit Court of Cook, LaSalle, Stephenson and Will Counties, Illinois
  • Northern, Central, and Southern Districts of Illinois
  • Supreme Court of Illinois
  • Iowa District Court for Linn County
  • ​District of Kansas
  • District of Maryland
  • District of Massachusetts
  • District of Minnesota
  • Southern District of New York
  • Northern District of Ohio
  • Western District of Oklahoma
  • Supreme Court of Oklahoma
  • District of Oregon
  • Middle District of Pennsylvania
  • Eastern District of Texas
  • Eastern District of Virginia
  • Western District of Washington
  • Eastern District of Wisconsin
  • Western District of Wisconsin
  • Supreme Court of Wisconsin
  • Courts of Appeal for the Seventh, Ninth, Tenth, and Federal Circuits

  • PTO
    • Inter Parties Review
  • PTAB
    • Trademark Opposition/Cancellation

IP Monetization

What is IP Monetization?

Intellectual property (IP), patents in particular, remain largely untapped as a potential source of revenue because few IP lawyers and even fewer businesspeople and non-IP lawyers are aware that vehicles to generate revenue directly from patents exist in today’s marketplace. At DeWitt, we have a highly experienced Intellectual Property team and the techniques to generate revenue directly through patents-IP Monetization.

IP Monetization is a method companies can use to generate revenue directly from IP assets, typically patents. In a standard transaction, a company sells its patent to a third party who expects to generate revenue through licensing or litigation of the patent. The selling company will often retain a license to continue using the technology protected by the sold patent, which minimizes the business impact of selling the patent.

IP Monetization is an emerging practice which evolved from the “intellectual asset management” movement. In contrast to the somewhat undefined goals of intellectual asset management and relative difficulty in assessing whether such goals were met, IP Monetization produces measurable financial results.

While IP Monetization efforts have been heavily focused on the high tech software and hardware businesses of Silicon Valley, our attorney, Joe Miotke, is expanding the scope of IP Monetization beyond Silicon Valley so that a broader variety of industries and businesses can share in the benefits of IP Monetization.

Steps to IP Monetization

IP Monetization occurs in two distinct phases: (1) the mining phase and (2) the monetizing phase.

Mining Phase

The first phase, often conducted on a fixed-fee basis, involves reviewing a client’s patent portfolio and “mining” for those patents that can be sold or otherwise monetized. The goal of the mining phase is to identify high-value patents, the diamonds in the rough, of which a client might not be aware.

During the mining phase, we work very closely with the client’s engineering, sales and marketing personnel to assess the potential marketability of patent assets. In addition, we frequently collaborate with the client’s existing IP counsel for additional information about the client’s IP portfolio.

The end work-product of the mining phase is an assessment of the marketing potential of the client’s patent portfolio.

Monetizing Phase

The second phase is monetizing the patents identified during the mining phase. The monetizing phase is typically conducted on a success fee-based structure. The most common form of monetizing a patent is an outright sale of the patent, by and large with a license back to the client enabling the client to continue practicing the patented technology. However, we work with clients to customize the transaction depending upon the specific needs of the client as well as any specific requirements of the purchaser.

More Information

If you would like more information about the Intellectual Property Group, its attorneys, or matters it has handled, please contact either of the Practice Group Co Chairs at:

Christopher Scherer                                  Joe Leone
Brookfield Office                                          Madison Office
262.754.2862                                              608.395.6743                           

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Get to know us

DeWitt LLP is one of the ten largest law firms based in Wisconsin, with an additional presence in Minnesota. It has more than 130 attorneys practicing in Madison, Greater Milwaukee, Green Bay and Minneapolis in over 30 legal practice areas, and has the experience to service clients of all scopes and sizes.


We are an active and proud member of Lexwork International, an association of mid-sized independent law firms in major cities located throughout the Americas, Europe and Asia and an active member of SCG Legal, an association of more than 140 independent law firms serving businesses in all 50 state capitals and major commercial centers around the world.


Best Lawyers 2013 – 2021
Super Lawyers 2021
 Compass Award 2012
Top 100 Lawyers: National Trial Lawyers Association


While we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you (an “engagement letter”). You will not be a client of the firm until you receive such an engagement letter.

The best way for you to initiate a possible representation is to call DeWitt LLP at 608-255-8891. We will make every effort to put you in touch with a lawyer suited to handle your matter. When you receive an engagement letter from one of our lawyers, you will be our client and we may exchange information freely.

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