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.

• Morgan-Rinehart v. Van De Perre, 2017 WL 1383933 (W.D.Tex. April 12, 2017)

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.