Intellectual Property & Technology

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
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Press Releases

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.

by Stites & Harbison, PLLC October 11, 2022
Press Releases

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.

by Stites & Harbison, PLLC September 28, 2022
Press Releases

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.

by James Hayne September 14, 2022
Events

Dragon Con

Date: 9/1/22 - 9/5/22

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.

Thomas J. Mihill (TJ) August 22, 2022
Events

Strategizing International IP Filings

Date: 8/24/22
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.

Stites & Harbison, PLLC August 10, 2022
Client Alerts

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.

by Gary N. Stewart (Nick) August 09, 2022
Events

When Can a Trademark Owner Take Action for Unauthorized Use of its Trademark Online?

Date: 7/29/22
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.

Thomas J. Mihill (TJ) and Julie R. Comer July 19, 2022
Press Releases

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.

by Stites & Harbison, PLLC June 28, 2022
Press Releases

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.

by Stites & Harbison, PLLC June 13, 2022
Press Releases

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.

by Stites & Harbison, PLLC June 08, 2022
Press Releases

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.

by Stites & Harbison, PLLC June 03, 2022
Press Releases

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.

by Stites & Harbison, PLLC May 16, 2022
Client Alerts

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.

by Warren D. Schickli May 02, 2022
Events

2022 Business Litigation and Intellectual Property Litigation Super Conference

Date: 3/21/22 - 3/23/22

Hyatt Regency Houston, 1200 Louisiana Street, Houston, Texas 77002

Atlanta office attorney T.J. Mihill will be a speaker at this conference being held in Houston, Texas, March 21-23, 2022.

Thomas J. Mihill (TJ) March 15, 2022
Client Alerts

Europe Continues Progress Toward Unitary Patent and Unified Patent Court

For decades, inventors have been able to file a single patent application in the European Patent Office (“EPO”) in order to pursue protection across multiple countries in Europe. However, at the end of the examination process, a patent application granted by the EPO still must be validated in each of the countries in which a patent owner wishes to secure enforceable patent rights.

by David W. Nagle Jr. March 09, 2022
Client Alerts

Decoding the Crypto Brand Super Bowl Commercials

Based on commercials that aired during Super Bowl LVI, crypto brands have officially moved from the fringes to the mainstream. But the crypto ads in this prime time space didn’t do much to explain the underlying products and services, especially if the viewers were not already immersed in Web3.

by Mandy Wilson Decker February 18, 2022
Press Releases

Morgan Ward Appointed to Kentucky Personnel Board

LOUISVILLE, Ky.—Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney T. Morgan Ward, Jr. to the Kentucky Personnel Board. Ward’s term will end in January 2026.

by Stites & Harbison, PLLC January 28, 2022
Press Releases

Stites & Harbison Continues Expansion in Atlanta – Lands Commercial Litigation Team of 12 from Copeland, Stair, Kingma & Lovell LLP

ATLANTA—Stites & Harbison, PLLC is pleased to announce that 12 attorneys from Copeland, Stair, Kingma & Lovell, LLP (CSKL), including named Partner Johannes S. Kingma, Managing Partner Shannon M. Sprinkle and General Counsel William D. Newcomb, have joined Stites & Harbison’s Atlanta office.

by Stites & Harbison, PLLC January 24, 2022
Client Alerts

Defendants Caught Red-Handed in Patent Infringement Case Get Five Months of Damages Wiped Out for Patentee’s Failure to Mark Its Products

In early September of 2021, the Court of Appeals for the Federal Circuit clarified the notice requirement of 35 U.S.C. § 287. Patentee’s seeking to recover damages on unmarked goods must ensure their notice to a potential infringer is an actual notice of infringement and not merely notice of a patent.

by Stites & Harbison, PLLC December 09, 2021