Intellectual Property Litigation
Stites & Harbison’s IPT Group has extensive experience litigating intellectual property matters before federal and state courts throughout the nation. This experience also extends to all levels of appeals, including the United States Supreme Court. Our firm's litigators aggressively protect the intellectual property assets of our clients, and defend those who have been wrongfully accused of infringing others’ intellectual property rights. The firm has handled a number of significant and well-known intellectual property disputes and has served as lead counsel in intellectual property litigation in more than 30 states. Below are examples of the firm's experience:
Patent Infringement Litigation
- Representing a manufacturer of coolant compounds in a patent infringement litigation against a competitor that resulted in a $40 million royalty payment to our client by the defendant
- Representing a patent holder in the lighting industry in a patent infringement trial that resulted in a multi-million-dollar jury verdict
- Defending a developer of financial software and systems in a patent infringement trial in the U.S. District Court for the Eastern District of Texas, which resulted in a judgment as a matter of law in favor of our client
- Defending a toner cartridge manufacturer in an action brought by one of the world's largest printer manufacturers
- Defending a supplier of accelerometers in suit brought by patent holding company against several large automotive manufacturers
- Defending a national manufacturer of athletic pads in an infringement action brought by a competitor. Litigation was heard by the U.S. Supreme Court and eventually resulted in an award of attorneys' fees to our client.
- Representing a manufacturer of nacho cheese dispensers in multiple actions against infringers of its patents
- Defending a manufacturer of cable reels in an infringement action brought by a competitor
Trademark Infringement/Unfair Competition Litigation
- Defending a local automobile service company against a national oil company's claim of infringement of the INSTANT OIL CHANGE mark
- Defending a financial company offering variable annuities under the MARQUEE mark that was accused of infringing a bank's MARQUIS mark used for mutual funds
- Defending a new pizza franchisor accused by a major national franchisor of trade dress infringement
- Representing a cabinet retailer who owned the SCHEIRICH mark in an infringement action against a homebuilder and its related cabinet company using the SCHIERICH mark with kitchen cabinets
- Defending a local, family-owned auto parts business using the ADVANCE AUTO mark in an action brought by a major regional chain using the same mark
Copyright Infringement Litigation
- Representing Microsoft Corporation in several infringement actions against companies who have loaded pirated software onto computers for resale, and against resellers distributing counterfeit software
- Representing a marketing company in several infringement actions throughout the nation against car dealerships and billboard advertisers who misappropriated a distinctive advertising campaign
- Defending a credit information agency accused of infringement by a former software provider
- Representing a dissolved partnership that created and marketed electronic data interface software
- Representing an architect who was dismissed from a project and whose plans were then misappropriated in creating the final plan for the project
- Representing an electronics training company whose advertising materials were copied by a competitor
- Representing a doctor whose scholarly work was infringed in the creation of a monograph for distribution to surgeons
IP vs. PR: Lessons From the Dungeons and Dragons Open Game License Controversy
Wizards of the Coast, LLC (“WOTC” or “Wizards”) and its parent company Hasbro, Inc. (“Hasbro”) recently found themselves facing unexpected backlash from their attempt to modify an existing license agreement which they had in place with content creators, the Open Game License (OGL), which allowed those creators to use game mechanics and other elements from the Dungeons and Dragons (D&D) table-top role playing game. IP attorney TJ Mihill takes a look at what's going on.
56th Georgia Defense Lawyers Association (GDLA) Annual Meeting
The Breakers, One South County Road, Palm Beach, FL 33480
Don't miss the 56th GDLA Annual Meeting at The Breakers in Palm Beach, Florida from June 15-18. Earn CLE hours* and network with your friends and colleagues at various social events. Atlanta office attorney Jennifer Guerra will be a speaker at the event.
Scot Duvall Joins Stites & Harbison’s Louisville Office
LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Scot A. Duvall to the firm’s Louisville, Ky., office. He joins the firm as a Member (Partner) in the Intellectual Property & Technology Service Group.
Stites & Harbison Promotes Seven Attorneys
LOUISVILLE, Ky.—Stites & Harbison, PLLC announced today that seven attorneys have been promoted: five to Member (Partner) and two to Counsel. The promotions are effective January 2023.
Managing IP Honors James Hayne on 2022 "Rising Stars" List
LOUISVILLE, Ky.—Managing Intellectual Property (Managing IP) magazine has named Stites & Harbison, PLLC attorney James Hayne to its 2022 “Rising Stars” list.
Mari-Elise Paul Named a 2022 Go To Lawyer for Intellectual Property Law
ALEXANDRIA, Va.—Virginia Lawyers Weekly recently named Stites & Harbison, PLLC attorney Mari-Elise Paul to the 2022 list of Virginia’s Go To Lawyers for Intellectual Property Law. She is one of 19 attorneys honored.
Kids Cancer Alliance Selects James Hayne to Lead Young Professionals Committee and Serve on Board
LOUISVILLE, Ky.—Kids Cancer Alliance (KCA) has selected Stites & Harbison, PLLC attorney James Hayne as the inaugural chair of its Young Professionals Committee. As chair of this committee, Hayne will also serve as a member of the Board of Directors. His term will be one year.
Hyatt Regency Atlanta, Atlanta Marriott Marquis, Hilton Atlanta, Sheraton Atlanta Hotel, and the Westin Peachtree Plaza Hotel, Atlanta, GA
Atlanta office attorney TJ Mihill will be a speaker at this year's Dragon Con being held September 1-5 in Atlanta.
Strategizing International IP Filings
Time: 4:00 p.m. - 5:15 p.m.
Zoeller Pump Co. Center for Excellence, 3649 Cane Run Rd, Louisville, KY 40211
Join speakers Jeffery Langer (formerly with Stites & Harbison and now General Counsel at Zoeller Company) and Robert Sterne, Co-Founder of Stern, Kessler, Goldstein & Fox, for perspectives on strategizing international IP filings. Panel discussion to be followed by networking event sponsored by Stites & Harbison.
Artificial Intelligence and Inventorship Under U.S. Patent Law
In recent years, the capabilities of, and applications involving, artificial intelligence (“AI”) have dramatically increased, so much so that AI systems are now able to produce works of creativity and ingenuity once thought only to be possible through human efforts. The U.S. Copyright Office has already wrestled with the question of whether creative works authored by AI are eligible for federal copyright protection and determined that they are not in an opinion letter dated February 14, 2022.
When Can a Trademark Owner Take Action for Unauthorized Use of its Trademark Online?
Time: EST: 12:00 - 2:10 PM / CST: 11:00 - 1:10 PM / MST: 10:00 - 12:10 PM / PST: 09:00 - 11:10 AM
IP attorneys TJ Mihill and Julie Comer will speak at this myLawCLE webinar on July 29, 2022.
Trevor Graves Selected for Leadership Kentucky's Class of 2022
LEXINGTON, Ky.—Leadership Kentucky has selected Stites & Harbison, PLLC attorney Trevor Graves as a member of the 2022 Leadership Kentucky program. This year’s 51-member class will participate in seven three-day sessions from June through December at locations throughout Kentucky.
Managing IP Selects Mandy Wilson Decker to 2022 “Top 250 Women in IP” List for Eighth Time
LOUISVILLE, Ky.—Managing Intellectual Property (Managing IP) magazine recently selected Stites & Harbison, PLLC attorney Mandy Wilson Decker to the 2022 edition of Managing IP’s “Top 250 Women in IP.” This is the eighth time Decker has been honored on this list, and she is the only attorney honored from Kentucky.
Managing IP Honors Stites & Harbison Attorneys on “IP Stars” 2022 List
LOUISVILLE, Ky.—Managing Intellectual Property (Managing IP) magazine has named nine Stites & Harbison, PLLC attorneys to the 2022 “IP Stars” list. Managing IP recognizes the most highly regarded intellectual property attorneys in the U.S.
Virginia Super Lawyers 2022 Honors John Teresinski
ALEXANDRIA, Va.—The 2022 edition of Virginia Super Lawyers recently honored Stites & Harbison, PLLC attorney John Teresinski. He was named to the Rising Stars list.
Stites & Harbison Named to 2022 Top 10 Patent Firms in North America – South List
LOUISVILLE, Ky.—The Patent Lawyer Magazine has named Stites & Harbison, PLLC to the 2022 Top 10 Patent Firms and IP Practices in North America – South list.
Wait . . . What About Trade Secrets?
When one seeks to protect one’s intellectual property, patents, trademarks and copyrights immediately come to mind. Often given short shrift is the "forgotten stepchild" —trade secrets. Trade secrets may encompass a wide range of business information that (a) has value because it is not generally known in the trade and (b) is subject to reasonable efforts to preserve its confidentiality. When considering trade secrets, “business information” should be given a very broad definition and may include, but is not necessarily limited to, processes, procedures, research projects, nonpublic company documents (relating to, for example, recruiting, accounting, financial information and legal information), drawings, blueprints, laboratory notebooks, test data, training manuals, customer information and supplier information.