Ernie Bootsma represents emerging growth, as well as mature private and public companies. His practice encompasses the formation, financing, corporate governance, mergers and acquisition, intellectual property, and transactional fields. He has negotiated and closed complex merger and acquisition transactions, planned and counseled clients with regard to intellectual property protection and maintenance, structured and implemented licensing and distribution arrangements, and handled debt and equity financing transactions for clients in a wide variety of industries. Ernie also counsels physicians and physician practice groups in a wide variety of business structural issues in response to state and federal legislation dealing with issues such as Stark, anti-kickback and ambulatory surgery center statutes and regulations.
Prior to joining Ater Wynne in 2004, Ernie helped found the Portland, Oregon office of White & Lee LLP, where he managed the intellectual property and trademark registration practice. He also acted as general counsel to a number of emerging growth start-ups and venture funds through successive rounds of financing.
Ernie has also served as a partner with Dunn Carney Allen Higgins & Tongue LLP in the corporate, real estate and intellectual property sections of the firm. He started his legal career representing publicly traded corporations and banking institutions in connection with mergers and acquisitions, as well as intellectual property and licensing transactions.
Professional Experience
- Ater Wynne LLP, Portland, Oregon, Partner, 2004 to present
- White & Lee LLP, Portland, Oregon, Partner, 2000 to 2004
- Dunn Carney Allen Higgins & Tongue LLP, Portland, Oregon, Partner 1998 to 2000; Associate 1992 to 1998
- Miller Nash LLP, Portland, Oregon, Associate, 1990 to 1992
Education
- Willamette University College of Law, J. D., cum laude, 1990
- Oregon State University, B.S., High Honors, 1986
Admitted to Practice
- Oregon, 1990
- Washington, 1993
Professional Activities
- Oregon State Bar Health Law Section
- Oregon State Bar Intellectual Property Section
- Oregon State Bar Business Section
- Oregon State Bar Taskforces Drafting Multi-Entity Merger Statute and Uniform State Trademark Act
- International Trademark Association
- American Intellectual Property Law Association
- Frequent speaker and author regarding Intellectual Property and Corporate Issues
Community Activities
- American Electronics Association
- Software Association of Oregon
- Oregon Entrepreneurs Network
- Local School Committee for Beaverton School District Jacob Wismer Elementary School
- Long-Range Planning Committee for Beaverton School District
Representative Matters
- Drafted and negotiated the following representative agreements:
- Patent and Technology License Agreement between Green Light Alternative, Inc. and Future Fuels Limited, a Hong Kong corporation, for the manufacture, distribution and installation of patented technology that reduces fuel consumption for commercial diesel engines.
- Technology License, Maintenance and Customization Services Agreement between Tyfone, Inc. and First Data Merchant Services Corporation, a publicly traded Florida corporation, for the development and distribution of patented hardware and software technology for wireless credit card transactions for bank customers.
- Hosted Solution Agreements, License Agreements, and other related licensing agreements for Collaborative Software Initiative, Inc., for open source software development, customization, and maintenance for large organizations such as state agencies and Credit Suisse.
- Trademark License Agreement between 20 Degrees North, Inc. and Television Events and Marketing, Inc., a Hawaii corporation for worldwide use of the XTERRA® brand on shoes and apparel worldwide.
- Software License and Distribution Agreement between Centennial Software Ltd. and Symantec Corporation, a Delaware corporation, for bundling and distribution of network management and protection software, together with Symantec’s antivirus software.
- License and Development Agreement between Dune Sciences, LLC and AcryMed Incorporated, an Oregon corporation, for continued development of functionalization and self-assembly of nanoparticle building blocks, also referred to as “bio-molecular scaffold technology,” for sterilization of fabrics used in medical applications.
- Development and License Agreement between Lifecom, Inc. and WebMD, a Georgia corporation, for the development and use of medical knowledge engines and databases.
- Technology Agreement between Clean Water Services and Ostara, Inc., a British Columbia corporation, for the implementation and distribution of patented processes referred to as “waste activated sludge stripping to remove internal phosphorous” in waste treatment facilities.
- Prepared, filed and prosecuted hundreds of trademark applications for small to large corporations, including, but not limited to FLIR Systems, Inc. (Infrared Systems), Oregon Freeze Dry, Inc. (Mountain House foods), ClearEdge Power, Inc. (Fuel Cells), The ODS Companies (Insurance), and Northwest Pipe (Commercial Steel and Concrete Pipes), Bridge Brands (Chocolate).
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