Cases
Representative Cases/Matters: Patent
Obtained jury verdict of nearly $1 million in patent infringement case involving chemical patent for maintaining product shelf life.
Obtained summary judgment of no infringement in case involving automated trailer jack device.
Obtained summary judgment for defendant in an infringement case involving adjustable hitch pin lock based on collateral estoppel defense.
Obtained summary judgment of no infringement involving a patent for a trailer coupler lock.
Represented petitioners
patent owners in reexamination proceedings before the USPTO,
twice obtained the rare outcome of a complete denial of a petition for inter partes review.
Defended market-leading manufacturer of high-performance specialty blending products against patent infringement allegations through trial.
Represented a variety of patent owners
accused infringers in patent infringement lawsuits involving various technologies, including mechanical devices, chemical solutions, wireless video technology,
electronic controllers.
Provided opinions
counsel to various companies
individuals regarding patent invalidity, patent infringement
patentability.
Defamation
Obtained summary judgment for television station that was sued by distracted driver who alleged that reference to her as a texting driver was defamatory because she was not literally sending a text message at the time of her crash.
Represented newspaper against defamation lawsuit by two school board c
idates
obtained dismissal because publication was protected opinion under the Ohio Constitution.
Represented newspaper in defamation case arising from report that DNA evidence confirmed guilt of accused rapist
obtained dismissal on statute of limitations grounds.
Defended newspaper
reporters against county prosecutor's defamation claims aimed at newspaper's report about testimony concerning the prosecutor's alleged drug use
court granted summary judgment for the newspaper
reporters.
Defended newspaper sued by convict who claimed article defamed him by falsely reporting he was convicted of attempted murder when, in reality, he was convicted of felonious assault
obtained dismissal on theory that allegedly false statement was no more defamatory than truth.
Trademark/Unfair Competition
Obtained denial of preliminary injunction in trademark case brought by Ancestry.com over trademark rights to the word Ancestry for DNA Ancestry Tests.
Obtained dismissal of cyberpiracy claim in federal court based on plaintiff's failure to identify any attempt by client to make money off of domain names that it had registered.
Successfully defended beverage maker in trademark lawsuit arising from company's use of supplier's trademarks on beverage packaging based on fair use defense
first-sale doctrine.
Represented large
well known food company in trademark dispute over frozen food br
names,
argued case before a Trademark Trial
Appeal Board panel at the 2014 Fordham IP Institute in New York City.
Represented tequila business in significant trademark opposition proceeding before the Trademark Trial
Appeal Board brought by large wine company.
Represented various parties in trademark, trade dress
unfair competition lawsuits, including at trial.
Represented clients in administrative proceedings before the Trademark Trial
Appeal Board.
Counseled
represented businesses in making
responding to cease-
-desist dem
s with regard to trademark rights.
Counseled
represented clients about online trademark issues, including search engine optimization, use of metadata, domain name disputes,
Google AdWords.
Copyright
Represented television station against copyright lawsuit by anchorwoman who alleged that the station's employees unlawfully copied a video of her in a Key West bar
cert petition in case was selected by U.S. Supreme Court for discuss list, which is a short list of cases that justices consider for granting review at their private conference.
Defended business against lawsuit by jewelry designer who claimed to have copyright to blinged-out microphone used by hip-hop star.
Defended book publisher against copyright lawsuit by The Joint Commission on Accreditation of Healthcare Organizations
asserted that publisher's discussion
commentary about the Joint Commission's healthcare st
ards were protected by fair use.
Represented company in copyright case by photographer who claimed company had used his photograph of Niagara Falls in airport advertisement without permission.
Successfully defended client against copyright ownership claims over computer code that client had developed to operate patented devices for non-destructive materials testing.
Represented gear manufacturer in copyright lawsuit against competitor which had made
used unauthorized copies of blueprints.
Trade Secret
Represented plaintiffs
defendants in numerous trade secret misappropriation cases in computer software, consumer product
manufacturing industries.
Miscellaneous
Defended government official in lawsuit by 9/11 detainees that led to l
mark U.S. Supreme Court decision, Ashcroft v. Iqbal, which applied plausibility pleading st
ard to all civil actions.
Represented non-profit organization in m
amus action before Ohio Supreme Court to obtain public records from public schools in Cincinnati, Ohio, area. Supreme Court ruled unanimously in client's favor
awarded attorneys' fees, which resulted in award of over $100,000.
Member of legal team assigned to recover fictitious profits derived from the Bernie Madoff Ponzi scheme.
Defended popular morning radio show against criminal allegations that show's cast had induced panic on a public street.
Represented Cuyahoga County, Ohio, Recorder in m
amus action before Ohio Supreme Court.
Defended television station against allegations that unpaid television appearances by comedian violated his publicity rights
asserted First Amendment
Copyright preemption defenses on behalf of station.
Represented well known race car driver in lawsuit against business that had misused her image for commercial purposes without driver's permission.
Represented large outdoor advertiser in complex lease dispute over iconic building through trial
obtained judgment in client's favor, which was upheld on appeal.
