Examples of Lawsuits Enforcing Clients’ Patent Rights
Representing industry leader in automated graphics cutting in infringement litigation against its principal multi-national competitor before the U.S. District Court in Milwaukee. Secured summary judgment of infringement of client’s patents and affirmance of infringement by the U.S. Court of Appeals for the Federal Circuit, leading to resolution with permanent injunction.
Representing manufacturer-marketer of popular hydraulic steering product for outboards in patent infringement litigation before the U.S. District Court in Tampa, involving patents obtained by the firm for our client. Secured final injunction by Consent Decree against infringing product. Later represented client in litigation for breach of contract and contempt of court by the infringer, securing substantial cash settlement for client.
Representing major manufacturer of unique automatic swimming pool cleaner against infringement charges brought by competitor before the U.S. District Court in Miami. In addition to securing dismissal of all infringement counts, filed counterclaim against plaintiff’s product for infringing client’s patent rights; secured preliminary injunction against infringer, affirmance on all points by the U.S. Court of Appeals for the Federal Circuit, and a permanent injunction.
Representing company that created unique connector for leads used in epilepsy brain-mapping in case in the U.S. District Court in Milwaukee against infringer of client’s patent. Obtained summary judgment of infringement and final injunction against the infringer.
Representing manufacturer of paper towel dispensers before the Green Bay federal court in infringement case against competitors’ infringing product. Defeated motion for summary judgment of non-infringement under doctrine of equivalents, leading to settlement requiring competitor to eliminate the infringing feature.
Representing Wisconsin manufacturer of patented sampling devices used in oil sands extraction in Canadian infringement lawsuit (with Canadian colleague) against manufacturer and marketer of infringing sampling devices. Secured resolution upholding patent and in which infringer withdrew the infringing product and permanently exited the market.
Representing corporation engaged in rapid prototyping against patent infringement charges filed by subsidiary of major tire company before the U.S. District Court in Milwaukee. Secured summary judgment ruling defeating the infringement charges; prosecuted antitrust counterclaims against illegal “tying” arrangement, securing a favorable settlement for client.
Assumed (mid-course in the case) defense of Wisconsin company accused of patent infringement and false advertising before the U.S. District Court for the Eastern District of Texas. Gathered evidence showing invalidity of the patents, moved for summary judgment of invalidity, and secured ruling freeing client’s products to continue free from attack or burden.
Representing defendant before the federal court in Madison in contentious infringement case dealing with microprocessor-based electro-mechanical dispensers. Developed demonstrative evidence establishing that the accused product operates outside claims of the opponent’s patent – leading to successful resolution, freeing client to continue with its electro-mechanical dispensers.
Defending maker of patented subdural strip electrodes for epilepsy brain-mapping in declaratory judgment lawsuit in the U.S. District Court in Minnesota brought by competitor seeking to invalidate client’s patent; the invalidity claim was defeated. Filed infringement counterclaim against competitor and secured permanent injunction, ending the competitor’s infringement.
Representing corporate defendant before the federal court in Milwaukee in infringement case involving flowmeters. Secured stay-of-proceedings based on evidence and thereafter uncovered invalidity evidence against plaintiff’s patent that led to full dismissal of the case.
Defending corporation against infringement accusations in the U.S. District Court in Chicago in case involving patent on epoxy paint formulation. Uncovered and developed evidence of patent invalidity, allowing client to continue manufacture and sale of the accused product.
Representing creators of patented automatic swimming pool cleaner in complex case (involving breach-of-contract, tortious interference and declaratory judgment claims) in Florida state court in Orlando against opponent seeking to undermine client’s position. After two-week trial on disputed ownership of eleven patents, obtained jury verdict in favor of client’s ownership.
Representing Wisconsin company in complex lawsuit before U.S. District Court in Baltimore involving claims and counterclaims regarding ownership of patent rights (on certain naturally-occurring pesticide extractions and the use thereof) against breach of contract, tortious interference and fraud charges by major corporation. Extended litigation was resolved with affirmation of client’s contract position and patent rights and substantial payments to client.
Defending importer of track-lighting products in lawsuit brought by competitor in the U.S. District Court in Chicago, alleging infringement of design patents and federal trademark registrations relating to designs of imported track-lighting products. Developed defenses resulting in favorable resolution by settlement, with our client continuing in such business.
Representing inventor of unique intravenous bag against medical products company in lawsuit before the federal court in Milwaukee, regarding disputed ownership and inventorship claims, securing ruling confirming ownership by client and financial settlement. Also successfully defended client in earlier related public-use proceedings at the Patent & Trademark Office. Later represented client in licensing to another medical products company, based on litigation success.
Secured Wisconsin state court ruling ending market interference, upholding client’s contract right to practice patented technology, and terminating patent holder’s infringement accusations.
Examples of Trademark/Unfair Competition Litigation
Representing Wisconsin manufacturer in trademark/trade dress infringement case against several Chinese companies before the federal court in Las Vegas. Secured restraining order, seizure of infringing goods at trade show, order allowing early discovery with respect to counterfeit sourcing, permanent injunction, and an exclusion order enforceable by U.S. Customs.
Secured preliminary injunction in the U.S. District Court in Milwaukee for corporate publisher of magazine identified by well-known trademark against competitive company that adopted confusing domain name for competitive website. Thereafter obtained a finding of contempt and award requiring reimbursement of client’s legal fees for defendant’s violation of the injunction. Case ended with securing permanent injunction.
Defending major kitchen appliance manufacturer against trade dress infringement claim brought in the U.S. District Court in Hattiesburg, Mississippi by major competitor that claimed rights to the look of an electric appliance. Secured order from Court clearing client’s appliance for a successful on-time launch.
Secured preliminary injunction in the federal court in Boston for a Wisconsin shoe company holding a trademark infringed by a major athletic shoe manufacturer, thereby short-circuiting the national launch of a shoe line utilizing a mark infringing our client’s mark. Thereafter secured a final injunction and substantial monetary payment.
Representing tool company in lawsuit before the U.S. District Court in Chicago against Chinese companies offering knock-off tools. Secured temporary restraining order resulting in removal of infringing products and displays from the National Hardware Show in Chicago and thereafter secured permanent injunctive relief for client.
Representing corporate grower of agricultural product in trademark and antitrust lawsuit before the U.S. District Court in Milwaukee involving a disputed trademark. Secured resolution upholding client’s right to use mark and substantial monetary payment settling antitrust claims.
Representing corporate manufacturer of a variety of air valve products before the Trademark Trial & Appeal Board (TTAB) against an allowed federal trademark application by another company seeking to register a trademark similar to client’s mark. Obtained TTAB ruling prohibiting registration of opponent’s trademark.
Secured summary judgment of infringement from the U.S. District Court in Milwaukee against major cosmetics company for infringing client’s cosmetics mark. Summary judgment resulted in permanent injunction against competitor’s use of the mark and substantial monetary payment.
Representing Wisconsin automotive retailer in trademark infringement case against regional competitor before the U.S. District Court in Milwaukee, securing cessation of infringement.
Successfully appealed against default judgment after being retained by Illinois company that had been wrongly accused of trade dress infringement in Texas state court in Ft. Worth. Default was overturned and the case was dismissed.
Defending fashion retailer against copyright infringement allegation by New York design house before the federal court in Manhattan. Uncovered and developed evidence of fraud on the Copyright Office by the plaintiff and filed related counterclaim, leading to dismissal with no costs being borne by client.
Defending corporate developer in Milwaukee federal court against copyright infringement charges related to architectural plans for major condominium project. Developed evidence defeating the copyright claims, thereby ending the litigation without liability to our client.
Defending builder, before the U.S. District Court in Milwaukee, against complex set of copyright infringement allegations related to residential construction. Secured favorable summary judgment against all infringement claims.
Examples of Prosecution, Transactional and Other Successes
Representing inventor of high-tech medical systems in securing and protecting numerous inventions, and in negotiating multi-million-dollar agreements with major medical device and system manufacturers.
Representing growing international beverage supplier in worldwide securement and enforcement of trademark rights.
Representing major developer/manufacturer of breakthrough lighting technology in securing worldwide patent positions on its related inventions.
Representing client in securing protection for valuable oil field recovery technology, which became subject of a multi-million dollar licensing agreement benefitting client.
Representing corporate client in acquiring extensive patent portfolio in power-related inventions, including comprehensive analysis of the portfolio and related advice to client resulting in significant monetary savings to client in acquisition of the portfolio from industry group.
Representing manufacturer of unique dispensing products in connection with assuring avoidance of others’ patent positions.
Representing manufacturer of carpet-cleaning products before American National Standards Institute (ANSI) appeals panel against adverse standard developed by standards-setting group dominated by competitors. Secured finding of prima facie violations of ANSI’s Essential Requirements, leading to withdrawal of the adverse standard.
Representing client in securing protection for battery manufacturing innovations and in subsequent technology transfer negotiations resulting in substantial upfront payment and downstream royalty obligations to client.
Represented corporate manufacturer (long-time IP client) regarding technical aspects of product involved in medical malpractice/product liability case in Los Angeles. Developed technical evidence showing client’s product was misused by surgical personnel and was not technically deficient as accused, ending case against client.