Litigation Cases

Patent Litigation (Clients in italics)

Paul Fields v. Ogio International, Inc., no 2:10-cv-169 (D. Utah): inventorship correction and damages for excluding plaintiff from inventorship on issued patents on a golf bag carrying system using a yoke or bar resting on both of a user’s shoulders.

VAE Nortrak, VAE GmbH v. Progress Rail, no. CV-03-AR-1480-M (ND AL 2003): patent infringement in RR guard rail brackets; Markman hearing had; adverse rulings on patents, favorable ruling on Clayton Act claim; settled.

Sun Mountain Sports v. Clover Sports, Bennington Golf, Spalding Sports, no. CV 98-175-M-DWM (D.Missoula MT 1998): asserted infringement of patents on stands for golf carry bags, stayed pending re-examination; settled.

Libertyville Saddle Shop v. Dover Saddlery, no. 02C9193 (ND IL 2003): alleged patent infringement in horse blanket closure; settled.

Rabbit Tanaka Corp. v. various importers, resellers (N.D.IL 2000-08): patent, copyright, trademark, trade dress infringement suits on novelty lamps; defendants ceased and desisted, usually with payments for past infringements (local support).

Beneficial Franchise Co v. Bank One, Republic Bank & Trust, River City Bank, no. 00-C-2441 (N.D.IL 2000): alleged infringement of 3 patents on refund anticipation loan processes; local counsel; settled.

Tri-Seal International v. Plastics Resources, no. 95-NC-08G (N.D.UT 1995): declaratory judgment as to patent on fence slats with privacy wings; injunction entered against interference with customer relations; settled.

Tri-Seal International v. J.S. Plastics, 1991 U.S.Dist.. LEXIS 19603 (N.D.IL): co-extruded foamed plastic bottle cap liners, patent infringement suit vs. terminated licensee; preliminary injunction hearing; summary judgment granted; settled.

Budd Co. v. Complax Corp., 19 USPQ2d 1318 (E.D.MI 1990): plastic autobody panel vacuum compression molding method done in Canada; partial summary judgment of non-infringement entered; settled.

Stoller v. Ford Motor Company, 711 F.Supp. 1451 (N.D.IL 1989), 784 F.Supp. 506 (1992): friction-pivot seat-back headrest, summary judgment of patent invalidity; reversed and remanded, 18 USPQ2d 1545 (Fed.Cir. 1991) (unpub'd); settled.

Kimberly-Clark Corp. v. James River, 131 FRD 607, 14 USPQ2d 2070 (N.D.GA 1989): synthetic, breathable, microporous barrier fabric for sterilization wrap, gowns, and workwear; willful patent infringement issues ordered to be tried with other liability issues; settled with consent order and injunction.

AlliedSignal Corp. v. IHI Turbo America (C.D. IL), no. 98-3191: asserted infringement of patent on an automotive turbocharger housing and exhaust port; settled.

PTC v. ICE and Helac Corporation (High Court of Paris, 1997): alleged infringement of adverse French patent on pile driver using helical actuators to position rotating weights; held, French patent not infringed.

Deuer Mfg. Co. v. Kent Products Co., 17 USPQ2d 1379 (E.D.MI 1989): spare tire storage cable winch; patent infringement, jury found willful infringement but claims invalid.

Simmons Fastener Corp. v. Illinois Tool Works, 630 F.Supp 1310, 230 USPQ 311 (N.D. NY 1986): redesigned seal and backing plate held not to infringe.

C.R. Bard v. Baxter Travenol Laboratories, no. 84-7739 TJH (C.D.CA 1986): tamper evident seal for urinary catheter; jury held patent infringed, not willfully; settled.

American Hospital Supply Corp. v. Baxter Travenol Laboratories, ITC case and parallel US District Court case re patented nutritional formulas for patients with liver disease; held, patent not infringed; affirmed at 745 F.2d 1 (1984); settled.

AM International, Inc. v. National Business Systems, Inc., 546 F.Supp. 340 (N.D. IL 1982); shifting-platen credit card data recorders tried and one valid patent held infringed; ITC proceeding, In re Certain Card Data Imprinters, no. 337-TA-104, discovered but stayed, dismissed.

Norfin v. IBM, 453 F.Supp. 1072 and 81 FRD 641 (D.CO 1978), 625 F.2d 357 (10th Cir. 1979): paper distributor system in collator for office copier; juries held patent willfully infringed, awarded $7.5 million in damages; injunction entered and stayed; settled after appeal.

Arnold Industries v. Ram-Trol, Inc., No. 76-916 (W.D.LA 1978): outboard electric trolling motor steering system; patent held invalid on prior art in bench trial.

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Trademark Litigation (Clients in italics)

Chapman and Cutler v. Forsyte Corp., ICANN / NAF arbitration no. FA0810001229543: capture of domain from cybersquatter; domain transferred.

Harris N.A. v. First National Mortgage Sources, Inc., 07-CV-1092 (ND IL 2007): trademark infringement, unfair competition in sending misleading letters to mortgage clients of Harris seeking refinancing; TRO entered; settled - injunction.

Chicago Architecture Foundation v. Domain Magic, LLC, 07-CV-764 (ND IL 2007),: trademark infringement, cybersquatting in use of CAF's name as a domain name for Chicago tour and tourism offerings; TRO entered, site down; settled with payment and injunction.

Low Book Sales v. Below Book Motors, Inc., no. 2:07-CV-3 (D. UT 2007): trademark infringement, unfair competition; Prelim. Inj. entered; settled with injunction.

Dreyfus Corporation v. BMO, Harris Trust, no. 02-Civ.-10231 (SD NY 2002): trademark infringement, dilution of Lion image marks; settled (Chicago support).

Afni v. UpSource, Inc., no. 04-1386 (CD IL 2004): priority contest as to ownership of upsource and upsourcing marks for call center outsourcing services; settled.

SyllogisTeks Company v. Syllogistics no. 4:99 CV 1510 DJS (ED Mo. 1999): alleged trademark infringement, dilution in computer staffing and consulting businesses; motion to dismiss or transfer filed; settled.

Low Book Sales v. Below Book Sales, no. 2:99 CV 293K (D Utah 1999): service mark infringement, dilution in auto sales businesses; settled with injunction entered.

Northern Trust v. Northern States Financial Corp, oppositions nos. 113,088 and 114,054 (TTAB 1999): trademark oppositions claiming Northern as mark for financial and banking services; settled.

Ohio Art Co. v. Alan Watts, 49 USPQ2d 1957 (N.D.OH 1998), Electronic Commerce (BNA) 3-28 p.940 (7-22-98): trademark infringement, dilution; Etch A Sketch versus "web-a-sketch" Internet drawing site with archives of past drawings; TRO entered on motion, settled with injunction.

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Copyright Litigation (Clients in italics)

Incredible Technologies v. Virtual Technologies, no. 03-C-1183 (ND IL 2003): copyright, trade dress infringement in coin-operated video golf console; settled.

McGraw-Hill Companies, Inc. v. Stanard & Associates, no. 96-C-3231 (N.D.IL 1996): alleged copyright, trademark infringement, breach of license, etc. for employee attitude and other psychological surveys; settled.

Unfair Competition Litigation (Clients in italics)

Total Plastics v. Kleerex International, Inc., no. 01-3947-CK (Ottawa Co. MI 2001-02): alleged tortious interference with customer relations after distribution contract termination; enforcement of arbitration clause; appealed and settled in mediation.

Delos Palmer v. Fox Software, no. 92-CV-7339 (N.D.OH 1994): breach of corporate duties, attorney malpractice; software investor sued for defendants' taking newer versions of FoxBASE software to their own companies without notice; $22 million verdict for plaintiff entered with remittitur to $14 million; partly settled with $3 mm payment; reversed by 6th Circuit Court; cert denied.

Peripheral Devices Corporation v. Carl Ververs, 1995 U.S.Dist. LEXIS 11389 (N.D.IL), and two related cases: breach of restrictive covenants (trade secrets and customer relations) in computer workstation sales employment agreements; TROs and Preliminary Injunctions entered after hearing; settled.


Carter Industries v. Dometic Corp. (W.D.WA. 1994): alleged infringement of patent for slatted awning covers for RVs: JRC as mediator; parties settled during meeting.

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