Donald E. Lake, III

Partner

  • location icon Denver, CO
    1700 Lincoln Street
    Suite 4000
    Denver, CO 80203
  • location icon San Francisco, CA
    333 Bush Street
    Suite 1100
    San Francisco, CA 94104

Donald E. "Tripp" Lake, III is a partner in the Denver and San Francisco offices of Lewis Brisbois and a member of the Intellectual Property & Technology Practice. Mr. Lake is an experienced trial and appellate attorney focusing his practice in the areas of intellectual property, antitrust and commercial litigation, with an emphasis on the intersection between patent and antitrust law. Mr. Lake also has broad experience representing health care entities, including representation of physicians and health care facilities as they face growing challenges, ranging from allegations of negligence to the complexities of state and federal regulation. Mr. Lake has tried more than 65 jury trials, including more than 60 as lead counsel, and has also represented clients in dozens of appeals in both federal and state courts. Through this extensive trial and appellate experience, he honed his skills in communicating complex scientific and legal principles into digestible arguments for juries.

Mr. Lake has served as lead counsel for clients in patent infringement suits involving subject matter as diverse as software, electrical engineering, fluidics and biomechanics of small particles, primarily in the biotechnology and agri-business fields. He is experienced in complex litigation, currently managing cases as complex as patent litigation involving 11 patents-in-suit with asserted antitrust counterclaims, to working with multi-district litigation involving the measurement of petroleum by volume in disparate temperatures. In his role as appellate counsel, Mr. Lake has handled matters as diverse as representing amicus curiae in Microsoft v. i4i, briefing cases before the Federal Circuit Court of Appeals, securing an original proceeding from a Colorado trial court to the Colorado Supreme Court on a question of physician privacy and appearances before the 10th Circuit Court of Appeals and the Colorado Court of Appeals.

Mr. Lake's clients in his intellectual property and commercial practice range from sophisticated animal agriculture corporations to companies who provide software for public entities such as police forces and court systems, mobile payment software designers and health care systems designers. He represents small and large entrepreneurs and established companies in the United States, the European Union and in Asia.

Mr. Lake’s interest in health care representation ranges from a decade of defending physicians, health care facilities and long term care facilities from allegations of negligent care to advising doctors and medical practices on Stark and Anti-Kickback compliance in the midst of mergers. He has a deep interest in studying how health care is delivered to patients and advocating for entities which seek to innovate in the area of quality and efficiency of care. This interest develops into a partnership with clients who struggle to navigate the complicated regulatory climate while retaining partnerships in the relationship between health care insurers, institutions, providers and consumers. 

In his health care role, Mr. Lake has defended malpractice claims and all the litigation stages those cases entail; defended physicians against defamatory allegations brought by patients and picked up by local media; negotiated physician and hospital contracts; represented entrepreneurial physicians in quality consulting work; and defended doctors and registered nurses against claims of unprofessional conduct brought by state licensing boards. He has also delivered dozens of lectures to health care providers, risk management professionals and institutional leaders on health care topics as diverse as documentation to Stark Law.

Prior to private practice, Mr. Lake served for three years as Deputy District Attorney for the Eighteenth Judicial District, where, in addition to a significant trial docket, he was tasked with teaching new deputy district attorneys how to try cases. As a deputy district attorney, Mr. Lake re-wrote the 18th Judicial District’s manual for addressing the unique challenges faced by victims in cases involving alleged domestic violence.

Away from the office, Mr. Lake coaches a University of Denver moot court team, is an instructor with the National Institute of Trial Advocacy, volunteers with a number of diversity programs and coaches martial arts for elementary school after-school enrichment programs.

Professional Presentations

  • Continuing Education Instructor for private insurer claims representatives, August 2008
  • Invited Lecturer, Legislative, Appellate and Regulatory Update along with discussion of Hot Topics in Obstetrical Litigation, Department of Obstetrics and Gynecology, Colorado Permanente Medical Group, May 21, 2008
  • Invited Presenter on medical-legal risk management, Grand Rounds, Colorado Permanente Medical Group, Department of Obstetrics and Gynecology, St. Joseph Hospital Residency Program, 2005-2008
  • Invited Presenter, “Hot Topics in Obstetrics & Gynecology,” Colorado Gynecological & Obstetrical Society’s Annual Conference, Aspen, Colorado, June 22-23, 2007
  • Guest Adjunct Professor, University of Colorado Denver International Law, presenting environmental and human rights law, 2005-2007
  • Presenter and Instructor, Managing Volunteer Victims Advocates in Domestic Violence Cases, 2003 and 2004

Admissions

United States Supreme Court

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Tenth Circuit

Colorado State and Federal Courts

Associations

  • National Trial Advocacy Program (NITA), Instructor
  • Colorado IP Inn of Court, Board Member
  • Colorado BioSciences Association
  • American Society of Animal Science
  • Federal Circuit Bar Association, volunteer advocate for Veteran’s Appeals
  • Colorado Center for Legal Inclusiveness
  • American Bar Association
  • Colorado State Bar Association

Awards & Honors

  • Super Lawyers “Rising Star,” Litigation, 2009, 2010
  • Trial Award, Office of the Deputy District Attorney, Eighteenth Judicial District, 2003
  • Order of the Coif (Top 5%), University of Denver College of Law
  • Senior Editor, University of Denver Journal of International Law and Policy

Education

University of Denver, Sturm College of Law

Juris Doctor, Order of St. Ives

East China University of Political Science and Law, Shanghai, China

Chinese and International Intellectual Property and Corporate Comparative Law.

University of Oklahoma

Bachelor of Arts

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