Intellectual Property Litigation

Successfully represented Entity Production, Inc. in several copyright litigations concerning musical compositions and sound recordings.

Represented major health care provider in authorship dispute over software.

Represented clients in patent litigation regarding a variety of technologies including medical devices, consumer products, industrial consumables, automotive systems, diesel engines, and power converters.

Prosecuted several copyright infringement actions against several online ringtone companies for infringement of musical compositions.

Fitness Quest, Inc. et al. v. Universal Music Publishing Group, successfully represented Fitness Quest in copyright infringement litigation over music-related content.

Represented client as defendant in trademark infringement litigation before the court and as opposer in Opposition proceeding before the Trademark Trial and Appeal Board. Court dismissed opponent’s case with prejudice and the Board refused registration of opponent’s trademark

Glanton v. Sony Records, successfully represented Sony in copyright infringement action related to plaintiff’s copyright infringement allegation (dismissed after case was fully briefed).

Represented Internet music streaming company consummate a private offering memorandum raising $8.5 Million.

Successfully represented music publisher versus multinational company who used song in a film and DVD without permission.

Represented American Greetings Corporation in AAA dispute over creative content.

Successfully represented Dealer Tire in trademark litigation.

Successfully represented BEMA Music, music publisher of “Play That Funky Music,” in copyright infringement litigation versus major consumer products company.

Represented Homax Group in false advertising litigation in Northern District of Ohio.

Represented leading University art historian in dispute over authenticity of Jackson Pollock works.

Quarterbacked music content licensing program for OverDrive, Inc. and its public library customers.

Represented a legendary rock artist in copyright infringement litigation and negotiated favorable settlement after summary judgment rulings.

Successfully represented Terry’s Tire Town in trademark litigation before the TTAB.

Represented Arizona arts dealer in copyright infringement litigation.

Represented major hair clinic in intellectual property litigation.

Represented OverDrive, Inc. in various litigations.

Represented Homax Group in trade dress litigation concerning various consumer products.

Represented Mavea, a division of Brita GmbH, in Northern District of California trademark infringement litigation, and other ancillary matters.

Represented House of Spices in numerous trademark litigations (obtaining injunctions, consent judgments, and damages).

Represented Lynyrd Skynyrd in copyright infringement dispute in the Northern District of Ohio.

Represented Ideastream (public television and public radio) in American Archives Pilot Project.

Represented defendant in patent infringement litigation concerning lawn tool; successfully transferred action to local district court; court held for client after Markman hearing.

Represented plaintiff in unfair competition and trademark infringement litigation; U.S. District Court granted summary judgment in favor of plaintiff.

Represented a consumer products manufacturer asserting a patent in litigation that resulted in favorable summary judgment on the validity of the patent-in-suit.

Defended ComEd, an Exelon company, against claims of breach of contract stemming from a series of disputes following termination of a significant construction relationship. After a week-long trial, the Court found for ComEd on virtually all issues. The matter is now being appealed by the plaintiff.

Represented IMA S.p.A. and Fillshape S.r.l in a trade secret misappropriation and patent infringement case relating to food pouch manufacturing. Obtained dismissal of the claims and a stipulated to transfer of the case to an alternative forum, after which the case was resolved by favorable settlement.*

Represented a manufacturer and provider of household appliance products in false advertising litigations with a global product design and technology company related carpet cleaning superiority advertising claims and suction performance claims.*

Represented Sandoz Inc. in a patent litigation regarding a biosimilar version of Amgen’s drug Neulasta®. The litigation was successfully terminated when Sandoz obtained an order dismissing Amgen’s related declaratory judgment.*

Assisted with appeals of two highly publicized motions for summary judgment that invalidated a pharmaceutical company’s patent related to the infliximab antibody. The district court litigation ended with a second win in the form of a judgment of non-infringement related to the second patent asserted in the case.*

Represented Hospira, Inc., a subsidiary of Pfizer, Inc., Celltrion, Inc. and Celltrion Healthcare Co., Ltd. adverse to Janssen Biotech, Inc. in litigation in federal court related to a biosimilar version of Janssen’s multi-billion dollar drug Remicade®. The case involved the first biosimilar monoclonal antibody to be approved by the FDA, and is one of the earliest cases filed under the Biologics Price Competition and Innovation Act (BPCIA).*

This is a hard-fought case between Nichia and Feit Electric, that has now spanned two jurisdictions. It also has the unique complexity that the components at issue, LED packages, are not manufactured by Feit Electric. Feit Electric’s suppliers have refused to stand by their products requiring Feit Electric to interplead actions against three suppliers. The litigation consists of Nichia’s claims against Feit Electric and Feit Electric’s claims against the suppliers, resulting in numerous complexities and strategic challenges. The case is in discovery.