Intellectual Property

• Defense of a manufacturer of storm water treatment device in patent infringement litigation.
• Defense of a manufacturer of products used in concrete construction in patent infringement litigation.
• Defense of a patent owner in litigation alleging misappropriation of ideas and seeking change of inventorship and damages.
• Representation of an accused infringer in Federal Circuit appeal of case involving packaging system.
• Representation of national operator of grocery and related stores in declaratory judgment and infringement litigation involving customer loyalty rewards and couponing systems.
• Representation of the owner of a patent covering process for preparing pressure sensitive adhesive in declaratory judgment litigation asserting claims of invalidity and inequitable conduct.
• Representation of owner of patent covering method for improving efficiency of operations of trucking companies in multidistrict litigation over infringement and invalidity claims.
• Representation of a manufacturer of surgical instruments in litigation against former employee who obtained patents on devices in violation of his inventions agreement.
• Representation of a nutraceutical manufacturer in false patent marking litigation.
• Representation of a manufacturer of industrial machinery in patent infringement litigation.
• Defense of a supplier of hardware and software systems for networked inventory management against claims for copyright infringement and misappropriation of trade secrets.
• Represented an inventor of technology in litigation with equity investors over control of the corporation.
• Defense of a company accused of stealing trade secrets after hiring a chemist employed by a competitor in an FBI investigation and related civil litigation.
• Defense of a physician in litigation for copyright infringement litigation based on materials presented at a medical seminar.
• Representation of an Australian manufacturer of consumer products in a design patent infringement case.
• Representation of a digital printer manufacturer in an patent infringement case.
• Obtained injunction and retraction order on behalf of a national catalog company in a Lanham Act false advertising case against a competitor.
• Representation of a chemical manufacturer in action to enjoin a competitor’s misappropriation of product formula.

Business Disputes

• Defense of a manufacturer in False Claims Act litigation seeking $250 million in damages for alleged product substitution on federally funded projects.
• Obtained $5.3 million judgment for purchaser of defective industrial equipment in suit against manufacturer.
• Obtained injunction in federal court, which was affirmed on appeal, enforcing a non-compete agreement on behalf of manufacturer against a terminated distributor.
• Designed and conducted internal investigation for a manufacturer which suspected that its regional plants had provided nonconforming products under government contracts, and then implemented a procedure to resolve the matter without litigation by disclosing the results of the investigation to the government agency.
• Defense of landfill operators in environmental citizens’ suit alleging federal statutory and state common law claims.
• Representation of a commercial property owner in indemnification claim against seller of business for environmental remediation costs.
• Assisted in representation of manufacturing companies in Superfund contribution claims.
• Defense of a manufacturer of stormwater detention system in a 400 unit condominium project in litigation over collapse of the system by the developer against the manufacturer, the engineer and the contractor.
• Defense of a manufacturer of large corrugated steel tunnel in litigation over collapse of the structure at a coal mine.
• Multiple representations of manufacturer of oil country tubular goods in litigation involving offshore and down-hole failures in wells and transmission lines.
• Representation of majority shareholders in a suit by minority shareholders asserting claims for fraud and breach of fiduciary duty in connection with sale of business.
• Obtained jury verdict for manufacturer of storm water pipe used in renovation of major metropolitan sewer system on claims by general contractor on the project alleging defective design.
• Defense of a contractor in criminal investigation, government enforcement action, and civil class action in Indiana arising out of discharge of chemicals into a river.
• Obtained a $10 million arbitration award for damages suffered by purchaser of a business arising from seller’s breach of representation that it had operated the business in compliance with the law.
• Obtained summary judgment for seller of a business on claims by buyer for fraud and breach of contractual representations and warranties.
• Representation of a steel manufacturer in claim against supplier of scrap metal for delivering scrap containing radioactive material that contaminated the manufacturer’s plant.
• Defense of purchaser of business in claims by seller for breach of contract and fiduciary duties in connection with determination of the earn-out portion of the purchase price.
• Obtained $5.3 million judgment for purchaser in breach of warranty litigation against manufacturer of equipment for heat-treating steel.
• Defense of officer of savings bank against criminal fraud charges.

Antitrust

• Defense of a manufacturer in litigation by a distributor alleging price discrimination.
• Defense of a soft drink bottler in grand jury price fixing investigation that was terminated without indictment.
• Representation of soft drink bottler in litigation filed by a competitor for alleged monopolistic and unfair business practices.
• Defense of a company in civil investigation by state Attorney General into alleged monopolistic practices.
• Representation of an individual charged with criminal antitrust violations in investigation of market allocation in the packaged ice industry.
• Representation of a manufacturer of ready-mix concrete in claim against plant owner for unlawful tying arrangement.