Advertising Material


Dana Howard

Direct Phone: 859.231.3018

Dana Howard

Dana is a Member in Stoll Keenon Ogden’s Lexington and Louisville offices and has been with the firm since 2007. As a Registered Patent Attorney, she concentrates her litigation practice on complex commercial litigation, including IP litigation, class actions, and ERISA litigation. Dana also assists clients in protecting their intellectual property and has successfully prosecuted patent applications in the biotechnology and imaging fields. Dana has achieved CIPP/US certification as a privacy professional by the International Association of Privacy Professionals (IAPP) and regularly counsels and represents clients in privacy law matters, including data breach response.

Because she understands the critical role that intellectual property rights have in businesses, Dana works closely with her clients to determine the best course of action. If litigation is warranted, she stands ready to move forward in an assertive yet efficient manner.

Always working to stay on top of the latest developments in her field of expertise, Dana is an active member of several professional groups, including the American Intellectual Property Law Association. She serves as an occasional guest lecturer in sports law classes at the University of Kentucky.

For her many legal accomplishments, Dana has been named a Rising Star by Kentucky Super Lawyers®.

Business Litigation: Dana primarily represents clients in Kentucky, but she has worked with companies and professionals throughout the U.S. faced with IP challenges. She has experience handling all forms of IP cases, including patent, copyright, trademark, trade dress, trade secret and unfair competition.

Intellectual Property: Beyond her role as a litigator, Dana counsels clients at every stage in the development, exploitation, safeguarding and enforcement of IP assets. She also regularly drafts, reviews and negotiates information technology agreements, including software licenses, maintenance agreements, consulting agreements and internet-related documents.

Privacy & Information Security: From online marketing and social media to electronic payment systems, Dana understands the complexity of modern information channels and the regulations that govern them. She helps clients mitigate their risk and guides them in taking appropriate steps to protect their customers’ private information.

Emerging Business & Venture Capital: Dana often serves as counsel to startup companies on IP matters. She evaluates IP property under consideration and assists with registration of these assets.

Sports Law: Drawing on her extensive knowledge of IP protection, Dana provides counsel to collegiate athletics programs and companies within the sports industry.

Work Highlights

Education/Privacy

Successfully filed and negotiated a settlement of claims against Laurel County School District under the McKinney-Vento Homeless Education Assistance Improvements Act of 2001 on behalf of a minor client (J.S. and S.S., as next friends of Q.W., a minor v. Laurel County Board of Education, U.S. District Court, Eastern District of Kentucky, Case No. 6:16-cv-00309-GFVT).

Represented college students against allegations of sexual harassment under Title IX.

Represented college students in protecting privacy rights under the Federal Education Rights and Privacy Act (FERPA).

Related Practices: Business Litigation

ERISA

Defended multiple institutional and individual clients against allegations of breach of fiduciary relating to employee stock ownership plans (ESOPs) asserted by the Department of Labor and/or ERISA plan participants and negotiated settlements of the same.

 

Successfully prosecuted claims on behalf of ESOP trustee against previous trustee for breach of fiduciary duty and obtained a settlement favorable to plan participants.

 

Successfully arbitrated indemnity claims in arbitration and obtained a judgment on behalf of a former ESOP trustee.

 

Related Practices: Business Litigation

Energy

Successfully defended Alliance Coal LLC against multiple claims of wrongful death and obtained favorable ruling from the Kentucky Supreme Court on issue of first impression relating to workers’ compensation immunity in published opinion at Falk v. Alliance Coal, LLC, 461 S.W.3d 760 (Ky. 2015).

 

Successfully obtained summary judgment on behalf of Alliance Coal LLC, and Hopkins County Coal, LLC, in Hopkins County Circuit Court dismissing multimillion dollar claims by Walmart, Inc., for alleged property damages based upon complex theories of mine subsidence.

Related Practices: Business Litigation

Class Actions

Successfully obtained order vacating a Jefferson Circuit Court’s order certifying class action claims for fraud and misrepresentation against Bridal Warehouse, Inc. (Bridal Warehouse, Inc. v. Witak, et al., Commonwealth of Kentucky Court of Appeals, Case No. 2017-CA-000072-ME).

 

Represented Lexmark International, Inc., against class action lawsuit filed in the Middle District of Florida asserting claims under the Telephone Consumer Protection Act (TCPA) and negotiated settlement.

Related Practices: Banking Litigation

Patent & Trademark Litigation

Represented animal pharmaceutical/biotech company in patent inventorship lawsuit and negotiated a multimillion dollar patent licensing agreement in client’s favor.

 

Represented major glass-making company in lawsuit involving claims for anti-trust, unfair competition and misrepresentation relating to a patented air pollution control technology developed by a competitor of the client and negotiated a multi-million dollar recovery for the client.

 

Successfully prosecuted trademark infringement suit on behalf of NAPA Auto Parts and obtained preliminary and permanent injunctive relief (National Automotive Parts Association v. Cox Enterprises LLC d/b/a NAPA Autocare, et al., U.S. District Court, Southern District of Ohio, Case No. 1:14-cv-203).

 

Represented Lexmark International, Inc., against claims of patent infringement filed in the Central District of California and negotiated license agreement.

 

Represented Nexxfield, Inc., against claims of patent infringement filed in the Northern District of Illinois and negotiated settlement agreement.

 

Represented major company in the liquor and spirits industry in a hotly contested trademark infringement suit and negotiated a favorable settlement agreement for the client.

Intellectual Property Protection

Drafted and prosecuted patents in the fields of biotechnology, medical devices, scanning and imaging technology, and artificial turf technology.

Successfully prosecuted applications for U.S. Patent No. 9,784,571 (Method and Apparatus for 3D Imaging Workpiece) and U.S. Patent No. 10,130,717 (LHRH-Platinum Conjugates for Treating Reproductive Cancers).

Drafted and successfully prosecuted copyright applications for literary works, software, photographs, and sound recordings.

Patent Review & Analysis

SKO regularly represents clients in the artificial turf surfaces industry regarding the review and analysis of patents in that industry. This representation involves performing detailed analyses and providing advice about whether our clients' and their competitors’ products are covered by the claims of various patents in the industry, as well as negotiating agreements with the owners of several of those patents. 

Successfully represented glass-making company in claims for unfair competition and misrepresentation against competitors.  Negotiated a multi-million dollar recovery for client.

Successfully defended animal pharmaceutical company in a patent inventorship dispute against competitor.  Negotiated a multi-million dollar license and settlement agreement in favor of client.

Obtained summary judgment dismissing wrongful death and negligence claims in three separate cases filed by employees of client’s subsidiary companies.

Obtained summary judgment dismissing claims for trespass, breach of contract and fraud against coal company.

Obtained summary judgment dismissing claims for disability discrimination, retaliation and intentional infliction of emotional distress against manufacturing company and company executive and successfully defended judgment on appeal.

Obtained summary judgment dismissing claims for wrongful discharge and reverse sexual harassment against manufacturing company and successfully defended judgment on appeal.

Successfully defended multiple clients against breach of fiduciary duty claims brought by the United States Department of Labor.