Donald W. Niles

Of Counsel
(612) 296-7788

121 Colfax Ave. SW
Wadena, MN 56482

Practice Areas

  • Intellectual Property Litigation
  • Trademark Applications
  • Arbitration
  • Mediation


  • William Mitchell College of Law, J.D., cum laude (1984); William Mitchell Law Review, Executive Editor
  • Macalester College, B.A., Economics (1978)

Professional Associations

  • Federal Bar Association
  • American Bar Association
  • Minnesota State Bar Association
  • American Intellectual Property Law Association
  • Minnesota Intellectual Property Law Association

Bar Admissions

  • Minnesota
  • U.S. Supreme Court
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. District Court, Minnesota
  • U.S. District Court, W.D. Michigan
  • U.S. District Court, E.D. Wisconsin

Don is a litigator and counselor with over 25 years experience representing geographically diverse clients ranging from individuals to Fortune 500® corporations.  Clients recognize Don as an advisor and strong advocate who focuses on professionalism, preparation, effective strategy and a value-added approach to legal services.  Patent prosecution attorneys and general practice law firms seek Don when their clients need experienced representation in intellectual property litigation.

Don was a law clerk for the Honorable Peter S. Popovich at the Minnesota Court of Appeals from 1984 through 1985.  He served as an adjunct faculty member at William Mitchell College of Law for over 10 years teaching courses in civil practice skills, media law and telecommunications regulation.  He has served as the chair of the Minnesota State Bar Association’s Communications Law Section.

Representative Litigation

BioInteractions, Ltd. v. InSitu Technologies, Inc. (lead arbitration counsel in breach of contract and trade secret dispute involving heart stent technology)

Heidi Ott A.G. v. Target Corporation (lead plaintiff’s counsel in trademark, trade dress, false advertising and right of publicity matter involving collectible dolls)

LTJ, Inc. v. Custom Marketing Company (successful defense by summary judgment in matter involving grain bin patent)

Collyard v Sienna Corporation, PGA Tour Properties, et al (lead defense counsel for developers of TPC Twin Cities golf course in Blaine, Minnesota)

Agri-Cover, Inc. v. Truxedo, Inc. (lead plaintiff’s counsel in patent infringement matter involving tonneau covers)

Pragmatic C Software v. Antrim Design, (lead plaintiff’s counsel in software misappropriation litigation)

Mahoney v. Cargill (plaintiff’s counsel in inventorship and technology ownership matter)

Three Points, Inc. v. Hasbro (lead plaintiff’s counsel in licensing and royalty lawsuit representing inventors of Nerf® football)

Entegris, Inc. v. Re-Source America, Inc. (lead plaintiff’s counsel in declaratory judgment action relating to patent for reusable containers)

Alternative Dispute Resolution

National Roster of Commercial Arbitrations – American Arbitration Association

Qualified Arbitrator/Mediator on Minnesota Statewide Roster (1994 – present)

Arbitrator, mediator and counsel in numerous commercial, intellectual property, telecommunications and antitrust disputes.


Martindale-Hubbell AV Rating

Outstanding Lawyers of America

Super Lawyer rated (Intellectual Property Litigation)

Fellows of the American Bar Foundation member

Exemplary Service Award for work in developing technology training for attorneys in the new Minneapolis Federal Courthouse, 1998


Governor’s Broadband Task Force

New York Mills Regional Cultural Center board

Wadena Rotary