Commercial Litigation: Intellectual Property, Construction Claims, Business and Contract Disputes

  • CNX Gas Corporation v. CDX Gas LLC Federal District Court (Pittsburgh, Pa.) Defended gas exploration company CDX against declaratory judgment claims that sought to invalidate their patents and brought counterclaims of patent infringement against Plaintiff CNX. After claim construction and just prior to trial, the parties reach an amicable settlement wherein, inter alia, Plaintiff acknowledged the validity of the subject patents. Additional settlement terms are confidential.
  • MHF Logistical Solutions, Inc. v. ICE Services Group, Inc. Federal District Court (Pittsburgh, Pa.) Represented Defendant against claims of misappropriation of trade secrets, intentional interference with business relations, breach of contract and equitable injunctive relief. After brief litigation, assisted the parties in reaching an amicable business settlement with no payment of money by client to plaintiff.
  • Modular International, Inc. v. RSA Lighting LLC and Cooper Lighting, Inc. - Federal District Court (Pittsburgh, Pa.) Represented Plaintiff in bringing patent infringement claims against defendants. After substantial litigation, but prior to claim construction, the parties reached an amicable settlement including a royalty payment to client by defendant.
  • Haynes International, Inc. v. Special Metals Corporation Federal District Court (Pittsburgh, Pa.) Represented Defendant against claims of trademark infringement and other Lanham Act claims. Prior to trial, the parties reached an amicable settlement the terms of which are confidential.
  • Voice Signal Technologies v. Nuance Communications, Inc. Federal District Court (Pittsburgh, Pa.) Represented Plaintiff in bringing claims of patent infringement. The lawsuit was settled when the defendant corporation acquired the plaintiff corporation and effectuated a business settlement of the litigation.
  • German Manufacturer v. American Seller of Commercial Light Fixtures (names protected) Federal District Court (Pittsburgh, Pa.) Defended American seller of sophisticated commercial light fixtures against claims of copyright, trademark and trade dress infringement. Defense was based on lack of confusion in the relevant marketplace and on theory that Plaintiff's copyrights were invalid. A non-monetary business settlement was reached quickly after these defenses were raised and pled.
  • Import/Export Company v. National Department Stores (names protected) Federal District Court (Pittsburgh, Pa.) Defended a Fortune 500 company against claims of copyright and trademark infringement, trademark dilution, Lanham Act violations and unfair trade practices, by asserting ownership rights to design drawings and 3-dimensional novelty gift items which were manufactured in Asia and purchased by our client for resale in the United States. Following extensive discovery and our filing of a Motion for Summary Judgment, plaintiff voluntarily dismissed all claims.
  • Mitel Corporation and Mitel, Inc. v. Hope Telecom, Inc. Federal District Court (Pittsburgh, Pa.) Successfully defended and settled claims for damages and injunctive relief brought by designer and manufacturer of networked communications systems and related software against defendant which was alleged to have modified and sold the protected hardware and software. The copyright and trademark claims were brought pursuant to federal statute and common law and plaintiff brought claims pursuant to the Federal Trademark Dilution Act and claims under the Digital Millennium Copyright Act. A complex settlement involving some injunctive relief was obtained with help of mediation provided through the federal courts.
  • Tivi BV . v. U.S. Tech. and Sportstech - Federal District Court (Seattle, Wa.) and Hong Kong - Represented plaintiff, a Dutch Corporation, which owned the exclusive rights and license to the "total image" of one of the world's foremost tennis superstars. Brought claims against defendant for breach of endorsement contracts, unjust enrichment, and various other business torts. This complex commercial case involved international tax and licensing issues, and issues related to a piercing of the defendant's corporate veil. Obtained favorable settlement on behalf of plaintiff with payment of proceeds coming in part, from principals of defendant corporation.
  • American Atlas Corporation v. Allegheny County Industrial Development Authority - Federal District Court (Pittsburgh, Pa.) Obtained summary judgment on behalf of defendant in multi-million dollar breach of contract and tort action. Plaintiff alleged that it was the successful low bidder on a large environmental remediation and construction project and brought claims against the defendant alleging a failure to award the bid to the lowest responsible bidder. Plaintiff sought $26 million in compensatory damages and asked for punitive damages. On our motion, summary judgment was obtained on behalf of the defendant and the District Court's ruling was upheld by the United States Circuit Court of Appeals and certiorari to the United States Supreme Court was denied. Handled the prosecution of the underlying claims and with a fellow partner, all appellate claims arising therefrom.
  • Robert B. Witt v. Allegheny Power Systems, Sprint PCS and Bechtel Group, Inc. - Allegheny County (Pittsburgh, Pa.) Represented defendants in equity action, wherein plaintiff sought both emergency and permanent injunctive relief against defendants for alleged violations of a right-of-way agreement that ran over and across the land owned by the plaintiff. Defendant power company had an easement over plaintiff's property and following brief, but intensive litigation, a creative and low cost settlement was obtained which allowed telecommunications equipment and antennae to be added on to an existing power company transmission line tower.
  • Corporation Information Systems, Inc. t/d/b/a Ciscorp v. Timothy Pribanic - Allegheny County (Pittsburgh, Pa.) Represented plaintiff in prosecuting claims against defendant for breach of contract including claims for violation of restrictive covenants, non-compete agreements and failure to return privileged and confidential information and documents. Claims were brought at law and in equity. Obtained injunctive and declaratory relief, and a favorable financial settlement on behalf of client.
  • Louis Coccoli, et al. v. Allegheny County Airport Authority - Allegheny County (Pittsburgh, Pa.) Defended three lawsuits filed against large municipal authority, which lawsuits challenged the legality and formation of the defendant Authority and sought emergency and permanent injunctive relief. After filing motions to dismiss and supportive briefs, all claims against our client were withdrawn/dismissed.