Intellectual Property Litigation

American Program Bureau, Inc. v. Trinity J. Ray, The Tuesday Agency, LLC, and Tuesday Productions, LLC, Case No. 12-cv-10490 (D. Mass.). Represented defendants in a claim alleging tortious interference, misappropriation of confidential information and trade secrets. The case involved novel issues in the First Circuit applying federal law under the Federal Courts Jurisdiction and Venue Clarification Act of 2011, including removal where plaintiff failed to plead the jurisdiction, and transfer of venue where conduct allegedly violating State statute occurred outside of the State and the District Court.

CMI Roadbuilding, Inc. v. Iowa Parts, Inc., et al., Case No. 16-cv-00033 (N.D. Iowa). Counsel for defendants in a trade secret dispute over engineering drawings and parts for fabrication machinery in the asphalt industry. Successfully defended against claims brought under the Copyright Act, Defend Trade Secrets Act, Iowa Uniform Trade Secrets Act, and breach contract for a non-disclosure agreement. Successfully dismissed the original complaint and copyright claims on the pleadings. The case was successfully resolved for the client through settlement during discovery.

Clearly Compliant, LLC v. Bornbach, et al., Case No. 16-1418 (Iowa Court of Appeals). Counsel for defendants in a trade secret dispute concerning an allegedly proprietary pricing model and other materials. In the district court, successfully prevented entry of a permanent injunction against the clients on the ground that the plaintiff failed to make reasonable efforts to maintain the secrecy of the information. The district court’s order was affirmed on appeal.

Stamats Communications, Inc. v. Converge Consulting, Inc., et al., Case No. EQ 73138 (Iowa District Court for Linn County, 2014). As counsel for former employer as plaintiff in an action for misappropriation of trade secrets and other claims, obtained consent judgment against former employee and her employer. Claims included misappropriation of trade secrets, breach of contract, tortious interference with contract, and breach of duty of loyalty. Successfully defended counterclaims of interference with existing contracts, interference with prospective business relationships, and breach of contract.

American Broadcasting Companies, Inc., et al v. Aereo, Inc., 2013 WL 5276124 (N.D. Iowa 2013). Successfully represented Aereo competitor in motion to quash Aereo subpoena seeking competitor’s trade secrets. Successfully secured attorney fee award in favor of client.

Dryspace, Inc. v. CrawlSpace Concepts, LLC, Case No. 11-11195 (E.D. Mich. 2012). Counsel for the plaintiff in a service mark infringement and unfair competition action. Successfully obtained summary judgment in favor of the client.

PSK, L.L.C. d/b/a Overhead Door Company of Cedar Rapids and Iowa City v. Randy Hicklin and Danetta Hicklin d/b/a Advanced Garage Door Repair and A-1 American Garage Door Repair, Case No. 1:09-cv-105 (N.D. Iowa 2011). Obtained significant jury verdict for Plaintiff after four-day trial on claim alleging unfair competition under the Lanham Act.

Midwest Oilseeds, Inc. v. Limagrain Genetics Corp., 387 F.3d 705 (8th Cir. 2004). With co-counsel, obtained jury verdict of $41 million on breach of contract claim relating to illegal breeding by defendant with client’s soybean genetics.

Pinpoint, Inc. v. Amazon.comInc., 347 F. Supp. 2d 579 (N.D. Ill. 2004) (Posner, J. sitting by designation). Counsel for Amazon.com in defense of patent infringement claims relating to online personalization technologies. Successfully obtained dismissal of case for lack of standing. In a subsequent case involving the same parties, Pinpoint, Inc. v. Amazon.com, Inc., 369 F. Supp. 2d 995 (N.D. Ill. 2005), obtained dismissal with prejudice following favorable claim construction.

Stine Seed Co. v. Marvin Mitchell, Case No. LACV 03053 (Iowa District Court for Dallas County, 2002). Following two-day trial, obtained judgment on behalf of seed company.