Experience
Natural Resource Company
Obtained a voluntary dismissal of a strict liability tort lawsuit against a homeowner arising out of damage to property sustained during planned subsidence
Food Manufacturer and Supplier
Lead counsel for an international manufacturer and global supplier of food ingredients in a breach of contract case taken to verdict
Fencing Company
Obtained a complete recovery with interest in a breach of contract and Prompt Payment Act lawsuit against a construction company and general builder and construction management firm
Flavoring Supplier
Represented a leading supplier of flavors and extracts in a Carmack Amendment lawsuit against a carrier
Enforce Property Rights Against Natural Gas Transmission Pipeline Operator
We successfully litigated (2010-2013) and obtained a summary judgment order compelling a natural gas transmission pipeline operator to implement and pay for mitigation measures so that client could mine its coal, as well as defeating the natural gas transmission pipeline operator’s claims based on property rights, eminent domain, and adverse possession.
NPE Experience
We have defended clients in challenges to their patents from a wide variety of NPEs. Several representative examples of patents we have defended are below:
- Cascades Publishing Innovation, LLC: U.S. Patent 8386484
- Data Speed Technology LLC: US Patent 5,867,686 – High speed real-time information storage system
- eTagz: US Patent 7,503,502 – Computer readable hang tag and product
- eTagz: US Patent 7,703,686 – Consumer computer-readable product label apparatus and method
- eTagz: US Patent 6,298,332 – CD-Rom product label apparatus and method
- eWatch: US Patent 6,970,183 – Multimedia surveillance and monitoring system including network configuration
- Helfrich Patent Licensing: Various US Patents related to mobile device technology
- Honeywell International, Inc.: Various US Patents related to bar code and QR code technology
- Infinite Data, LLC: US Patent 5,790,530 – Message passing multiprocessor system)
- Innovatio IP Ventures: Various US Patents related to local area network radio frequencies and multiple channel wireless access
- Lemolson Foundation: Various US Patents relating to bar code technologies
- Lodsys: US Patent 7,222,078 – Interactive applications (smartphone apps)
- Mobile Logistics: Various US Patents related to transportation yard management systems
- MPHJ (formerly Project Paperless): Various US Patents related to computer architecture and document management
- Pragmatus Telecom, LLC: US Patent 6,322,231 – Method and system for coordinating data and voice communications via customer contract channel changing system using voiceover IP)
- Round Rock: Various US Patents related to radio frequency identification
- TPQ Development LLC: US Patent 5,412,730 – Encrypted data transmission system employing means for randomly altering the encryption keys)
- US Ethernet Innovations: Various US Patents related to Ethernet connections and point of sale
- Wireless Media: Various US Patents related to transportation yard management systems
- You Technology, Inc.: Various US Patents related to biometric technology
Breach of Stock Purchase Agreement with Alleged Fraud-Related Counterclaims
When early negotiations failed, I filed suit on behalf of a group of shareholders who were seeking recovery of contingent payments from a multi-billion dollar international corporation. The payments were owed for breach of a stock purchase agreement and for unauthorized transfers of intellectual property. The opposing corporation filed fraud-related counterclaims, vigorously contesting the claim. I advised the client at each step, including seeking detailed discovery and undertaking thorough analysis of intellectual property transfers to demonstrate the triggering of payment obligations. I personally handled five key depositions of lead witnesses, and our team handled more than 20 depositions overall. I also employed a predictive coding document review system, enabling our team to efficiently examine approximately 250,000 of the opponents’ documents as we prepared our case against a better-financed adversary. The corporation decided to settle the matter prior to trial, resulting in the successful resolution of contingent payments owed to the client under the stock purchase agreement.
Popcorn Flavoring / Diacetyl Litigation
Dinsmore & Shohl represents International Flavors & Fragrances in the butter flavoring litigation that arose after a NIOSH investigation found a significant lung disease, bronchiolitis obliterans, in a Missouri popcorn plant. The firm's trial team, consisting of Frank C. Woodside, III, Mary-Jo Middelhoff and J. David Brittingham, has taken 8 cases to trial since 2003 and continues to litigate numerous cases in a variety of jurisdictions.