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Intellectual Property Litigation

Intellectual Property Litigation


Overview

Smith Moore Leatherwood's Intellectual Property Litigation Team understands the significance and value of its clients’ intellectual property rights and is experienced in litigating all types of intellectual property disputes.  The Intellectual Property Litigation team regularly prosecutes and defends claims involving patents, trademarks, copyrights, and trade secrets.  Whether it is an infringement action, a license dispute, or a claim against a former employee for misappropriation, Smith Moore Leatherwood’s Intellectual Property Team understands the importance of moving quickly to protect its clients’ intellectual property rights and is adept at developing a strategy that allows its clients to protect those rights and get back to business as quickly as possible, hopefully without litigation.  When a business resolution is not possible without litigation, though, Smith Moore Leatherwood’s Intellectual Property Team is comprised, first and foremost, of trial attorneys that are experienced and well-versed in litigating intellectual property disputes in the federal courts as well as the North Carolina Business Court.

Professionals

Attorneys

NAME TITLE LOCATION CONTACT
Partner
(336) 378-5471
Associate
(336) 378-5362
Partner, Business Leader, Technology Industry Leader
(864) 751-7653
Partner
(919) 755-8819
Partner, Technology Industry Leader
(336) 378-5356
Associate
(919) 755-8763
Partner
(704) 384-2624
Associate
(336) 378-5380
Partner
(404) 962-1025
Partner, Litigation Leader
(336) 378-5240
Partner
(704) 384-2616
Associate
(704) 384-2671
Partner in Charge
(704) 384-2630
Partner
(864) 751-7608
Associate
(336) 378-5552
Of Counsel
(704) 384-2648
Associate
(704) 384-2605
Experience
  • Kayser-Roth Corporation v. Goodhew, LLC (MDNC, Judge Loretta Biggs) (Prosecution of trademark action) (2015)
  • Syngenta Crop Protection, LLC v. Willowood, LLC et al. (MDNC, Judge Catherine Eagle) (Prosecution of patent and copyright infringement action) (2015)
  • Teva Pharmaceuticals USA, Inc., et. al. v. Synthon Pharmaceuticals Inc., et. al., (MDNC Judge Loretta Biggs) (Prosecution of patent infringement action) (Nov. 2014)
  • Celgard, LLC v. LG Chem, Ltd. et al. (WDNC, Judge Max O. Cogburn, Jr.) (Prosecution of patent infringement claims relating to lithium battery technology) (2014–present)
  • Robert Paul Morris v. Scenera Research LLC and Ryan C. Fry (NC Supreme Court, Judge James L. Gale) (Prepare and file amicus brief related to hired-to-invent doctrine) (2015)
  • Precision Fabrics Group, Inc. v. Tietex International, Ltd. (MDNC, Judge Thomas D. Schroeder) (Prosecution of patent infringement claims relating to thermally protective fabric technology) (2013–present)
  • Celgard, LLC v. SK Innovation Co., Ltd. (WDNC, Judge Max O. Cogburn, Jr.) (Prosecution of patent infringement claims relating to lithium battery technology) (2013 – present)
  • Blue Rhino Global Sourcing, Inc. v. Crown Verity, Inc. (MDNC, Judge Thomas D. Schroeder) (Defense of patent infringement claim by owner of patent relating to outdoor heaters) (2013-2014)
  • Empowered Benefits, LLC v. MetLife, Inc. (WDNC, Judge Max O. Cogburn, Jr.) (Defense of trademark infringement suit) (2012-2013)
  • BASF Agro B.V., et al. v. Makhteshim Agan of North America, Inc. and Control Solutions, Inc., (MDNC, Judge William Osteen) (Prosecution of patent infringement litigation including preliminary injunction evidentiary hearing and summary judgment) See BASF v. Makhteshim, 2012 U.S. Dist. Lexis 10991 and on-going litigation
  • Pittsburgh Corning Corporation v. McCormick Insulation Supply, Inc., et al. (NC Court of Appeals) (Prosecution of trademark infringement action) (2010-2011)
  • Pan-American Products & Holdings, LLC v. R.T.G. Furniture Corp., et al. (M.D.N.C., Judge Thomas D. Schroeder) (prosecution of copyright infringement claims relating to furniture designs) (2010–2012)
  • Campbell Sales Group, Inc. d/b/a Leather Italia USA v. Gramercy Park Designs, LLC, et al., (MDNC, Judge William Osteen) 2010 WL 3945350 (M.D.N.C. Oct. 6, 2010), defense of alleged trade dress claims related to leather sofa design including preliminary injunction hearing
  • Blue Rhino Global Sourcing, Inc. v. Well Traveled Imports, Inc. (M.D.N.C., Judge Thomas D. Schroeder) (Defense of patent infringement claim by owner of patent relating to outdoor heaters) (2010–2013)
  • Advantage Media Group d/b/a Legacy Publishing Co. v. Debnam, (M.D.N.C.), filed copyright infringement action in 2010
  • Asics America Corporation v. Akeva, LLC v. New Balance et al. (M.D.N.C., Judge James A. Beaty, Jr.) (Defend New Balance in patent infringement action by owner of patent relating to shoe design) (2009–present)
  • Robert E. Houchin v. VS2 Worldwide Communications, LLC, et al. (M.D.N.C., Judge William L. Osteen, Jr.) (Prosecution of patent infringement action by owner of patent relating to sweepstakes methods and devices) (2008 – 2011)
  • Lexington Furniture Industries, Inc. v. The Bob Timberlake Collection, Inc. (N.C. Business Court) (Prosecution of declaratory judgment action arising from alleged breach of license agreement covering furniture designs) (2008 – 2009)
  • Evonik Stockhausen, Inc. v. Tyco Healthcare Group, LP (D.E., Judge Gregory M. Sleet) (Prosecution of breach of contract claims relating to supply agreement relating to supply of superabsorbent polymers) (2008–2010)
  • Otsuka Pharmaceutical Co., Ltd. v. Synthon Holding BV, Synthon BV, Synthon Pharmaceuticals, Inc. and Synthon Laboratories, Inc. (M.D.N.C., Judge N.C. Tilley, Jr.) (2007)
  • Jan Arps and Jan Arps' Traders' Toolbox, LLC v. Sheldon E. Stunkel and BSG Traders LLC (M.D.N.C., Judge Thomas D. Schroeder) (Prosecution of declaratory judgment suit and liable action relating to alleged misappropriation of trade secrets associated with computer programming of market indicators) (2007 – 2008)
  • Evonik Stockhausen, Inc. v. Attends Healthcare Products, Inc. (N.C. Superior Court) (Prosecution of breach of contract claims relating to supply agreement for supply of superabsorbent polymers) (2007-2009)
  • Volumetrics Medical Imaging v. Medison America, Inc., et al. (M.D.N.C., Judge N.C. Tilley, Jr.) (Defense of patent infringement action and prosecution of invalidity and non-infringement counterclaims in connection with ultrasound equipment with 3D capabilities) (2006 – 2009)
  • Precision Fabrics Group, Inc. v. Chem-Tick Coated Fabrics, Inc. and Chem-Tick Sales, Inc. (M.D.N.C., Judge William L. Osteen) (Prosecution of trademark infringement action registered mark) (2006 – 2007)
  • AARP v. America's Recommended Mailers, Inc., et al. (M.D.N.C., Judge William L. Osteen, Jr.) (Defense of alleged trademark infringement and related claims) (2006 – 2009)
  • Nochar, Inc. v. Stockhausen GmbH & Co. (S.D. In.) (Judge Larry J. Mckinney) (Defense of declaratory judgment action against owner of patent relating to use of superabsorber polymers and fire fighting application) (2005-2006)
  • Barry Thomas v. Samsung Electronics America, Inc. (W.D.N.C., Judge Robert J. Conrad, Jr.) (Defense of patent infringement claim in connection with patent asserting regulation of utility devices) (2005 – 2008)
  • Endura Products, Inc. v. Macklanburg-Duncan Co. d/b/a M-D Building Products (M.D.N.C., Judge James E. Beaty, Jr.) (Defense of patent infringement claim by owner of patent relating to thresholds) (2004 – 2005)
  • Duke University, et al. v. Elan Corporation, et al. (M.D.N.C., Judge William L. Osteen) (Defense of suit seeking to obtain ownership of patent application associated with use of pharmaceutical for weight loss purposes) (2004 – 2006)
  • Barricade International, Inc. v. Stockhausen GmbH & Co. KG (So. District of Florida and M.D.N.C. following transfer, Judge Frank W. Bullock, Jr.) (Defense of state law claims relating to ownership claim to patent issued to Stockhausen, Inc. associated with use of superabsorbent polymers in firefighting applications) (2004)
  • Blue Rhino Corporation, Blue Rhino Global Sourcing, LLC and CPD Associates, Inc. v. Sunjoy Industries, Inc. and Dandy Arambulo (M.D.N.C., Judge Frank W. Bullock, Jr.) (Defense of patent infringement claim by owner of patent relating to outdoor heaters) (2003 – 2005)
  • Thomasville Furniture Industries, Inc. v. Ashley Furniture Industries, Inc. (M.D.N.C., Judge William L. Osteen) (Defense of action in alleged infringement of design patents and tradedress rights associated with furniture collection) (2002 – 2004)
  • Specialty Manufacturing Company Co. v. Transpec, Inc. (M.D.N.C., Judge N.C. Tilley, Jr.) (Defense of patent infringement suit and prosecution of related counterclaim associated with mechanical device involved in school bus safety equipment) (2002 – 2007)
  • LaneVenture, a division of Lane Furniture Industries, Inc. v. D&F Wicker Rattan Imports, et al. (M.D.N.C., Judge William L. Osteen) (Defense of patent infringement claim relating to design patents associated with outdoor furniture collection) (2002 – 2003)
  • Chambers Fabrics, Inc. v. Hoffman Mills Inc. (M.D.N.C., Judge William L. Osteen) (Defense of copyright suit relating to design of upholstery fabric) (2001 – 2002)
  • Motion Picture Association of America (North Carolina counsel with regard to copyright infringement actions relating to downloading of movies and other copyright and protected materials from the Internet)(mid-2000s)
  • North on behalf of NLRB v. Grede II, LLC, defended motion for temporary restraining order and injunction in M.D.N.C.


* Past success does not indicate the likelihood of success in any future legal representation.

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