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Anthony J. Phelps

Counsel to the Firm, Lexington

Anthony is Counsel to the Firm in Stoll Keenon Ogden's Lexington office and has been with the firm since 2000. He is a member of the Business Litigation practice with a focus on Business Torts, Banking Litigation, Trust & Estate Litigation and Antitrust, Trade Regulation & Franchise. His tenure with the firm has covered a broad spectrum of cases including business and commercial litigation, property and mineral litigation, wills and estate litigation, fiduciary litigation, contract litigation and antitrust litigation.

Anthony is a graduate of the University of Louisville Brandeis School of Law. While in law school, he served as the executive editor for the Brandeis Law Journal. He was also a member of the Brandeis Honor Society.

Anthony is a member of the Fayette County, Kentucky and American Bar Associations. In addition, he is a member of the Energy and Mineral Law Foundation.

University of Louisville Brandeis School of Law
2000, J.D., magna cum laude
University of Kentucky
1997, B.A., summa cum laude
Kentucky Court of Appeals
Kentucky Supreme Court
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Western District of Kentucky
United States Supreme Court


  • Kentucky Super Lawyers Rising Star, Business Litigation, 2013-2014
  • Best Note Award, University of Louisville Law Review, 1999
  • Highest Grade Award: Basic Legal Skills/Legal Writing, Criminal Procedure II, Business Organizations, Secured Transactions, Decedents' Estates & Trusts, Estate & Gift Taxation


  • American Bar Association
  • Kentucky Bar Association
  • Fayette County Bar Association
  • Energy & Mineral Law Foundation
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Work Highlights

Patent Infringement, False Advertisement & Antitrust

Static Control Components, Inc., et al. v. Lexmark International, Inc., et al., Case No. 04-84-GFVT (Consolidated with Action No. 02-571) (E.D. Ky) (multiple published decisions)

This multi-party, complex litigation involved Lexmark, a major provider of printing and imaging products and services. Lexmark asserted claims for, among other things, patent infringement and inducement to commit patent infringement. The lead opposing party, Static Control Components, asserted claims against Lexmark for, among other things, antitrust violations under the Sherman Act and Clayton Act and false advertising claims under the Lanham Act. Lexmark obtained dismissal of the Sherman Act and Clayton Act antitrust claims and a favorable ruling upholding Lexmark’s single-use restriction on its printer cartridges under the Uniform Commercial Code. On June 3, 2013 the United States Supreme Court granted Lexmark’s petition for writ of certiorari to resolve a circuit split on the proper test for standing to assert Lanham Act false advertising claims.  Steven argued the case in front of the Supreme Court on December 3, 2013.

Patent Infringement, False Advertisement & Antitrust

Lexmark International, Inc. v. Impression Products, et al., Case No. 10-564-MRB (S.D. of Ohio)

SKO, along with Sidley Austin LLP and Banner & Witcoff, represented Lexmark in a closely-watched patent case at the Federal Circuit Court of Appeals. In a dispute brought by Lexmark over remanufactured printer cartridges, the Federal Circuit held in Lexmark’s favor on domestic and international patent exhaustion issues.  The case is now pending before the United States Supreme Court and will be argued on March 21, 2017.

Breach of Fiduciary Duty

James D. Duff v. David A. Duff et al., Case No. 04-345-USF (E.D. Ky.)

Obtained summary judgment on behalf of executor/trustee in a breach of fiduciary lawsuit by beneficiaries of an estate/trust where the ownership of a coal company was at issue.

Acquisition of Appalachian Oil and Natural Gas Properties

Acquisition of 1.46 million oil and gas acres in eastern United States (primarily Pennsylvania and West Virginia) with more than 9,000 producing wells. SKO performed due diligence and prepared transaction documents.
Related Practices: Mineral & Environmental Law