Wayne E. Babler, Retired Partner

Biography

Wayne Babler is a retired partner with Quarles & Brady. He was a trial lawyer who represented business clients in complex disputes over intellectual property, trade secrets, unfair competition, restraints of trade, monopolization, distribution systems, marketing and advertising practices, pricing and business contracts. He handled trials to courts and juries in federal courts across the United States. His cases in patent infringement and trade secrets involved fields of mechanical, electrical and chemical sciences; specific subjects have included computer hardware and software, chemical compositions and a myriad of mechanical subjects.

  • For over 30 years, Mr. Babler represented numerous patentees and persons alleged to infringe the patents of others. A number of his cases involved microprocessor controlled devices, including programmable controllers manufactured by Allen Bradley Company (now Rockwell Automation), touch screens placed in bezels positioned on CRT screens, and magnetic resonance imaging machines incorporating patented inventions owned by Mayo Clinic.
  • Mr. Babler represented Kohler Company in the protection of its patents, including design patents covering some of the company's most successful products and its trademarks.
  • He has experience with unfair trade practices including successfully having a state civil enforcement action against a high profile discount retailer dismissed and upheld by the Wisconsin Supreme Court; successful representation of a party in a merger challenged by the Federal Trade Commission; extensive experience respecting exclusive agreements, monopoly and attempt to monopolize practices; and experience representing manufacturers in respect to distribution practices.

Education and Honors

  • University of Wisconsin Law School (J.D., with honors, 1967)
    • Phi Delta Phi. Wisconsin Law Review (Research Editor, 1966-1967). Order of the Coif.
  • Wittenberg University (B.A., 1964)

Bar Admissions

  • Wisconsin

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan

Professional and Civic Activities

  • American College of Trial Lawyers (Fellow; Served as the Wisconsin Chair for 2002-2004)
  • Milwaukee Bar Association (President, 1981-1982; Board of Directors, 1976-1979, 1980-1983)
  • American Bar Association (House of Delegates, 1984-1996)
  • State Bar of Wisconsin (Board of Governors, 1983-1987)
  • Bar Association of the Seventh Federal Circuit 9Member)
  • Wisconsin Bar Foundation (President 1985-1987; Board of Directors, 1983-1986)
  • National Institution for Trial Advocacy (Member, Advocates Association)
  • National Conference of Bar Presidents (Member)
  • American Bar Foundation (Fellow)
  • Wisconsin Law Foundation (Fellow)
  • University of Wisconsin (Benchers' Society)

Professional Recognition

  • Listed in The Best Lawyers in America┬« (1995-present: Commercial Litigation), and Who's Who in America
  • Martindale-Hubbell AV┬« Peer Review Rated

Selected Presentations/Publications

  • Co-author, Chapter 10, "Business and Commercial Litigation In Federal Courts," (Robert L. Haig ed.) (West Group and ABA, 1998)
  • Lecturer, "Persuasion In The Business Case," Lorman Education Services, Milwaukee, 1993
  • "Trade Regulation - Things You Need to Know," Quarles & Brady program, 1988
  • Co-author, "Refusals to Deal and Exclusive Distributorships," ABA Antitrust Section Monograph Series, 1983
  • ABA - Antitrust Law Developments (Second Supplement), research and drafting group, 1978-1979