Our Firm:
Notable Litigation Summaries
W. Thad Adams, III
LaBounty Mfg., Inc. v. U.S. Intern. Trade Com'n (heavy duty steel scrap shears). Successfully defended against patent infringement claim before the International Trade Commission, resulting in a finding of patent invalidity and inequitable conduct on the part of the patent owner. Successfully argued for affirmance before the United States District Court for the Federal Circuit.
Concept Design Manufacturing and Electronics, Inc. v. Duplitronics, Inc. (high speed digital audio duplication equipment). Lead counsel representing declaratory judgement plaintiff in two jury trials in Charlotte, NC. The first trial was a successful defense of a charge of infringement of two patents relating to high speed digital duplication of audio cassette tapes and a claim of $300 million dollars in damages directed against the U.S. recording industry. Both patents were held not infringed, invalid, and unenforceable due to inequitable conduct.
The second jury trial was on Concept Design's claim for damages against the patent owner based on unfair competition and bad faith litigation claims, and resulted in an award of over $1 million dollars. There were four appeals to the Federal Circuit Court of Appeals on various issues by the defendant, all defended at oral argument by Adams, and resulting in four affirmances.
Brunswick Beacon, Inc. v. Schock_Hopchas Pub. Co. Represented plaintiff in action for copyright infringement against competing newspaper for copying advertisements created by plaintiff newspaper for its advertisers. Won summary judgment on the issue of infringement, and was awarded statutory damages and attorneys fees at a damages trial. Affirmed on appeal.
U.S. Hosiery Corp. v. The Gap, Inc. Represented plaintiff in trademark infringement action arising out of infringement by The Gap of trademark owned by U.S. Hosiery Corp. Significant monetary settlement after court concluded that defendant had litigated in bad faith.
AW Shucks, Inc. v. A.W. Shucks. Represented plaintiff in trademark infringement action over restaurant trademark. Settled before trial with entry of injunction against further infringement.
Man, Inc. dba Providence Road Sundries v. Midtown Sundries. Represented defendant in claim of restaurant trademark infringement. Successfully defended against motion for preliminary injunction, and then won jury trial, the jury finding that the defendant had not infringed the plaintiff's trademark.
Johnson & Johnson v. Parker Medical Associates (moisture curable resins for orthopedic products). Represented defendant in claim of patent infringement. Early settlement on terms favorable to client.
Parker Medical Associates v. Carapace/Lohmann (moisture curable orthopedic splints). Represented plaintiff in patent infringement claim. First case settled on basis on injunction against further infringement. Second case settled on basis of injunction against further infringement.
BSN Medical, Inc. v. M-Pact Worldwide (moisture curable orthopedic splints). Represented plaintiff in patent infringement claim against defendant infringer. Case settled on basis of consented-to permanent injunction with finding of infringement and validity of patents.
L.B. Plastics v. Color Guard (post cladding elements). Represented plaintiff in patent infringement claim. Case settled during discovery based on injunction against further infringement by defendant.
Spiroflow, Inc. v. National Bulk (powder discharge and bagging apparatus). Represented plaintiff in patent infringement action. Cased settled on the basis of agreement not to infringe patent.
Belmont Textile Machinery Co. v. Superba, S.A. (microprocessor-controlled high speed yarn dyeing apparatus). Lead counsel for plaintiff in patent infringement action. Obtained jury verdict of infringement on all claims and award of $1.6 million in damages plus finding of willful infringement.
Nike Inc. v. Variety Wholesalers, Inc. (alleged counterfeit apparel) Lead counsel for accused infringer successfully defended against willful infringement claim, thereby avoiding treble damage or statutory damage award of approximately nine million dollars.
John Wieland Homes and Neighborhoods, Inc. et al. v. James Steven Poovey et al. (copyright infringement of house plans and related architectural work.) Represented plaintiff and obtained summary judgment of infringement based on proof of direct copying and substantial similarity.
Christopher Phelps & Assoc. v. Galloway (copyright infringement of house plans and architectural work.) Represented defendant homeowner against claim for $974,000 in "profits" arising out of construction of residence; limited jury award to $20,000, the amount offered in settlement before action was filed by plaintiff.
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