Patent Infringement, False Advertisement & Antitrust

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

This multi-party, complex litigation involved claims for, among other things, patent infringement, antitrust violations, and false advertising. SKO argued the issue of standing to assert false advertising claims in front of the Supreme Court on December 3, 2013.

Shareholder Class Action

Margie Elstein v. Lexmark International, Inc., et al., Civil Action No. 16-CI-02380 (Fayette Circuit Court)

SKO successfully represented Lexmark in successfully dismissing a proposed class action lawsuit claiming Lexmark’s merger was unfair to shareholders. A mere three days before the scheduled shareholder vote, an injunction hearing was held and the Court dismissed the lawsuit.

Constitutional Law

Jerry Jamgotchian v. Kentucky Horse Racing Commission, et al., Civil Action No. 11-CI-01047 (Franklin Circuit Court)

SKO represented the Kentucky Horse Racing Commission in a dormant commerce clause challenge filed against it by a thoroughbred owner regarding an industry-standard regulation pertaining to the purchase of horses in claiming races. SKO successfully argued the case before the Kentucky Supreme Court and the Court ruled in the Commission’s favor in a unanimous published opinion.

Banking

Furlong Development, LLC et al. v. United Bank and Trust Company, et al., Civil Action No. 11-CI-00111 (Scott Circuit Court)

SKO defended United Bank and Trust Company, in a lender dispute liability over bond proceeds that were in place to cover public improvements. Steven Loy argued the case before the Kentucky Supreme Court in February 2016 and won in a near-unanimous, published decision.

Patent Infringement

Lexmark International, Inc., et al. v. Pitney Bowes Inc., et al., Case No. 001-237-JMH (E.D. Ky.)

Successful litigation involving patent infringement claims relating to print quality enhancement technology. Obtained summary judgment, dramatically limiting the products at issue on the basis of failure to mark or provide actual notice under 35 U.S.C. § 287. The case was settled after the Court’s ruling.

Patent Infringement

Lexmark International, Inc. v. Laserland, Inc., 304 F.Supp.2d 913 (E.D. Ky. 2004)

Represented Lexmark in a patent infringement lawsuit, and established new personal jurisdiction law in the Sixth Circuit relating to interactive websites; case settled.

Trademark Infringement

Staxx is Eat BBQ LLC, et al. v. Thomas Walters, Case No. 12-71-GFVT (E.D. Ky.)

Represented Staxx BBQ, a central Kentucky restaurant, in a trademark infringement case against a former employee who alleged an ownership interest in the restaurant and trademarks. SKO obtained a preliminary injunction after a contested evidentiary hearing and the case was settled.

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 a fiduciary lawsuit by beneficiaries of an estate/trust where the ownership of a coal company was at issue.

Constitutional Law

Latter-Day Saints v. Lexington-Fayette Urban County Government, Civil Action No. 98-CI-1888 19 (Fayette Circuit Court).

Obtained ruling that Board of Adjustment violated Equal Protection, Free Exercise, and Due Process rights of the church and violated 42 U.S.C. 1983 by denying conditional use permit; case settled.

• “Ensuring Your Arbitration Agreements are Valid,” presented at Client Offices
• “What Every In-House Lawyer Needs to Know about Antitrust and Competition Law,” co-presenter, KBA In-house Lawyers Section