Earl LeVere focuses his practice on intellectual property and information technology issues related to patents, copyrights, trademarks, life sciences, computers, internet, e-commerce and entertainment.

Earl has appeared in more than seventy-five intellectual property litigation matters in federal district and appellate courts throughout the country; has helped clients establish internal procedures to protect proprietary information; and has drafted I.P. license and assignment agreements, and agreements for the joint development and use of intellectual property.

Earl received his Bachelor of Arts Degrees from Capital University, summa cum laude, in 1990, and his juris doctorate, with honors, from The Ohio State University Moritz College of Law in 1994. While at The Ohio State University, Earl was staff editor and managing editor of the Ohio State University Law Journal and a member of the Moot Court Governing Board and National Moot Court Team.
Reported and Representative Cases
  • Represented Publicly Traded Medical Device and Pharmaceutical Company as general intellectual property counsel, including coordinating all patent, trademark, and copyright prosecution and maintenance efforts, technology in and out licensing, and dispute management and resolution.
  • Represented Tool Manufacturing Company in an action seeking damages in excess of $1 million, obtaining a complete dismissal of the opponent's complaint, with prejudice, in the United States District Court for the Northern District of California. The case involved allegations of Walker-Process federal antitrust violations and claims of abuse of process and malicious prosecution arising out of a prior patent infringement action between the parties.
  • Represented Oil and Gas Well Equipment Manufacturing Company in patent infringement litigation case in the Eastern District of Texas resulting in a favorable jury verdict for client.
  • Represented Manufacturing Company in patent infringement litigation and obtained a summary judgment of “no infringement” on behalf of defendant client in the United States District Court for the District of Delaware where the plaintiff sought substantial compensatory damages, punitive damages, attorneys fees, and a permanent injunction to prevent our client from manufacturing its product.
  • Successfully represented International Magazine Publisher with approximately 10 million monthly readers as a plaintiff in a case of Internet copyright infringement; representation included obtaining a temporary restraining order and a preliminary injunction against the defendant as well as a summary judgment that the defendant willfully infringed our client’s copyrights.
  • Represented Manufacturing Company in patent infringement litigation by obtaining a summary judgment that a California defendant infringed a patent owned by client. After obtaining the summary judgment of infringement, the California defendant paid a considerable settlement fee to the client and dismissed its challenges to the validity of the patents-in-suit.
  • Represented Oil and Gas Well Equipment Manufacturing Company in patent infringement litigation by obtaining a favorable decision from the United States Court of Appeals for the Federal Circuit in a patent infringement case which decision nearly doubled the amount of damages obtained by the client at trial; the opinion is frequently cited for multiple legal propositions.
  • Defended a leading Motorcycle Aftermarket Parts manufacturer as a defendant in a California patent infringement suit brought by a competitor related to motorcycle handlebars. After binding arbitration, the Arbitrator found that the competitor’s infringement claims were “exceptional” and ordered the competitor to pay all of the clients attorneys’ fees and costs from the litigation. After opposition by the competitor, the California federal court confirmed the arbitration award, and entered a judgment against the competitor, leading to a recovery by the client of more than $550,000 in attorneys’ fees and costs.
  • Represented a Plastic Bag Manufacturer in a trade secret misappropriation case asserted by a competitor in federal court in Houston, Texas. Secured a dismissal of all of the competitor’s claims for lack of personal jurisdiction.
  • Obtained summary judgment on behalf of an Automotive Dealership and an Online Automotive Auction Provider client in a software copyright infringement suit, as well as an order requiring the other side to pay nearly $600,000 of the client’s attorneys’ fees and costs.
  • Defended an Online Service for Buying and Selling Automobile Leases against patent infringement claims brought by a competing service. The action resulted in a summary judgment that the client did not infringe the competitor’s patent-in-suit and also invalidated the competitor’s patent.
  • Represented an Online Auction Provider and successfully obtained an order from a New Jersey federal court transferring a lawsuit alleging various commercial and intellectual property claims to federal court in Ohio.
  • Successfully asserted against a competitor copyright infringement claims on behalf of a Designer and Manufacture of Golf Scorecards. The case resulted in the competitor redesigning its competing products and the cessation of its accused products.
  • Obtained a summary judgment of nearly $2 million on behalf of an International Garment Manufacturer against a leading international clothing retailer.
  • Represented a boutique retailer as a plaintiff in a trademark infringement suit in federal court. Obtained a temporary restraining order enjoining a competitor from using a confusingly similar logo, which resulted in a favorable settlement shortly thereafter.
  • Represented a University Professor and Author as a plaintiff in a copyright infringement suit against a professor at another university. The dispute resulted in a judgment that the defendant professor willfully infringed the client’s copyright and that such infringement was the type of conduct that would not be dischargeable in bankruptcy. The judgment further assigning the defendant professor’s copyright registration to the client, and order the defendant to reimburse the client’s attorneys’ fees and costs.
Selected Experience
  • Represent numerous individuals and corporations in drafting key provisions in employment and independent contractor agreements to preserve the confidentiality of the client’s trade secret information, to prevent competition with client’s interests, to vest with the client all ownership of intellectual property created during the term of employment, and to establish proper uses of the client’s intellectual property.
Published In
  • “Where You End Depends on Where You Begin: A Litigator’s View of Term and Termination Provisions in Trademark License Agreements--Part II,” The Licensing Journal, May 2012.
  • “Where You End Depends on Where You Begin: A Litigator’s View of Term and Termination Provisions in Trademark License Agreements,” The Licensing Journal, April 2012.
  • “New Generic Top-Level Domains Will Bring New Threats to Trademark Owners,” co-author, The Federal Lawyer, October 2011.
  • Quoted in “Leader technologies forging on with patent suit against Facebook,” Business First, August 19, 2011.
  • “Targeted medical marketing - A lamp in the darkness or a hospital gown you can't close?,” Life Sciences, A Publication of the American Health Lawyers Association, April 15, 2011.
  • Quoted in “Libel on the Internet is a growing problem, but one that can be legally addressed,” Columbus Daily Reporter, February 23, 2010.
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