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Litigation & Enforcement

When necessary, Attorney Sokol is an experienced intellectual property trial attorney and has successfully represented clients nationwide in the enforcement and defense of numerous intellectual property disputes, including patent, trademark, trade dress, copyright and trade secret claims. He also has experience in determining whether your insurance should provide coverage regarding intellectual property litigation.

Click here to view IP Litigations handled by Attorney Jeffrey Sokol

Case

Technology

Intellectual Property

Outcome

Nordock, Inc. v. Systems, Inc.
(E.D. Wisc., 11-CV-0118)

Front end design of loading dock leveler.

Infringement of U.S. Design Patent No. D579,754, and Trade Dress infringement.

Jury Trial and verdict finding patent valid and infringed and awarding damages.  Trade Dress dropped prior to trial.  Permanent Injunction issued precluding further sales. Post judgment motion regarding §289 damages pending.

JAZ Innovations LLC v. Christmas Tree Shops and Nantucket Distributing
(E.D. Penn.; 11-CV-932)

Fire resistant warp made of low mass, low thermal conductive material placed on rack of oven.

Copyright infringement of  Registration TX 7-278-082, Trade Dress infringement, Trademark infringement of Registration No. 4,038,130, and Unfair Competition.

After filing motion for preliminary injunction, settlement reached. National chain now selling JAZ Innovation’s OVEN RACK GUARD product through its 1,000 retail stores.

Nova Design Technologies Ltd. v. Children’s Medical Ventures, Respironics, et al.
(E.D. Penn.; 10-CV-7618)

Supercooled sodium acetate heat packs to facilitate blood draw of new born infants.  Activated by aluminum oxide sandpaper trigger.

Trade Secret misappropriation, Conversion, Correction of inventorship and infringement of U.S. Patent No. 6,878,157.

After discovery and depositions, settled at magistrate mediated settlement conference. Confidential settlement reached for confidential amount.

4Front Engineered Solutions v. Nordock, Inc.
(N.D. Texas, 08 CV 0642)

Loading dock leveler. Offset in lip extension links.

Patent Infringement of U.S. Patent No. 5,475,888.

Settled at initial magistrate mediated settlement conference. Confidential settlement agreement.

Bionix Development Corp. v. Sklar Corp.
(E.D. Penn., 07-CV-4465)

Molded plastic ear curettes use by physicians and medical personnel.

Breach of contract, Fraud in the Inducement, and Patent Infringement of U.S. Design Patent Nos. D415,275; D420,133;  D439,338; D449,888 and D450,676.

Defendant discontinued sale of infringing ear curette products.

Bionix Development Corp. v. Miltex Instrument Company
(E.D. Wisc., 07-CV-0995)

Molded plastic ear curettes used by physicians and medical personnel.

Patent Infringement of U.S. Design Patent Nos. D439,338 and D428,489.

Defendant discontinued sale of infringing ear curette products.

Curt’s Spice & Co. & Oilerie v McCartney & Co. and Door County Olive Oil Co.
(E.D. Wisc., 07-CV-0830)

Retail store services for olive oil and vinegar.

Trademark Infringement of Registration Nos. 3,219,927; 3,219,926 and 3,022,032.

Quickly settled with client discontinuing use of “Oilerie” term. Client’s litigation expenses covered by insurance.

Bionix Development Corp. v. Shoney Scientific,
Suryakant Shoney, et al.
(E.D. Wisc., 06-CV-0079)

Molded plastic ear curettes use by physicians and medical personnel.

Breach of contract, Fraud in the Inducement, and Patent Infringement of U.S. Design Patent Nos. D415,275; D420,133;  D439,338;  D449,888 and D450,676.

Settled at magistrate mediated settlement conference. Defendant discontinued sale of infringing ear curette products.

Sikder Holdings v. Koi Asian Bistro. (E.D. N.C., 06-CV-186)

Restaurant services.

Trademark infringement of Registration No. 2,976,272.

Client changed name of restaurant.

Fraizer Industries and Airburst Technologies v Layne Christensen Company and Prowell Technologies
(W.D. Wisc., 04-CV-315)

Refurbishing water wells using high energy burst of compressed air and video monitoring.

Patent Infringement of U.S. Patent No. 5,579,845.

Jury Trial and verdict finding patent valid and infringed. Validity subsequently vacated by trial judge on JMOL.

Nelco Limited Partnership v. Analytical Processes Corporation
(E.D. Wisc., 03-CV-0721)

Computer printer control language (PCL) software/instructions for printing tax forms via a laser printers.

Breach of Contract and Copyright infringement of Registration TXu 1-082-464.

Case settled upon defendant’s decision to retire. Client’s litigation expenses covered by insurance.

Anchor Wall Systems v. Bend Industries
(D. Minn., 00-CV-0650

Masonry wall block for landscaping.

Patent infringement of U.S. Patent Nos. 5,827,015 and 6,142,713.

Settlement reached. Client’s litigation expenses reimbursed by insurance.  Other manufacturer fought AWS patents, but settled after CAFC vacated Trial Court’s summary judgment validity decision based on flawed claim construction.

Designs By Tortilla Flats v. Cheyenne Outfitters
(S.D. Texas, H-97-3228)

Clothing apparel designs.

Common law trademark infringement and unfair competition.

Confidential settlement reached.

J-Star Industries v. Valmetal
(W.D. Wisc., 96-CV-0236)

Silo unloader farm implement.

Trade Dress and Copyright infringement of Registration TX 4-147-787. (Patent had expired after 20 year term).

Jury Trial and verdict upholding trade dress based on finding of secondary meaning, likelihood of confusion and ornamentality/non-functionality. No finding of copyright infringement.

Enviro-San Corp. and Gordon Clunn v. Capaul Corp.
(S.D. Texas, H-95-5642)

Ceiling tile for clean room applications.

Patent infringement of U.S. Patent Nos. 4,967,530 and 5,033,247 and Breach of licensing agreement.

Confidential Settlement reached.

Hugh Richards, PHL and Prefco Products v. Imperial Damper & Louver and Safe-Air of Illinois
(E.D. New York, 92-CV-3502)

Fire protection dampers with heat activated resettable links for HVAC industry.

Infringement of U.S. Patent Nos. 4,442,862; 4,555,981 and 4,472,999.

Confidential settlement reached.

Master Medical v. Baxter Healthcare Corporation
(D. Ariz., 92-CV-1973 PHX)

Intravenous (IV) flow control device.

Patent Infringement of U.S. Patent No. 4,343,305.

Confidential settlement reached.

Powernail Company v.
S.T.O. Industries
(W.D. Wash., 91-C-936)

Flooring nails driven in place with power tools.

Common law trademark infringement.

Defendant stopped selling infringing nails.

John Buford Enterprises v. Richard Gregory and dick Gregory Health Enterprises
(Cook County IL, 91-L-5067)

Dietary beverage supplement.

Trademark infringement of Registration No. 1,403,708.

Confidential settlement reached.

Weber-Stephens Products v. Margaret Worldwide Merchandize Corp.
(N.D. Illinois, 90-CV-4732)

Kettle shaped barbeque grill design.

Trade Dress and Trademark infringement of Registration Nos. 1,478,530; 1,481,520; 1,481,521 and 1,479,505.

Case settled after Thailand defendant was arrested by U.S. Marshalls at McCormick Place trade show offering infringing grills.