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Litigation
Summaries

 

Thad Adams

Notable Litigation Summaries

 

W. Thad Adams, III

LaBounty Mfg., Inc. v. U.S. International Trade Commission
(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. I
(High speed digital audio duplication equipment)
Adams was 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.

Concept Design Manufacturing and Electronics, Inc. v. Duplitronics, Inc. II
(High speed digital audio duplication equipment)
Jet Nozzle 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 attorney fees at a damages trial. Successfully argued for affirmance of summary judgment in the United States Court of Appeals for the Fourth Circuit.

United States 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.

Child Seat

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 defendant 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.

Clear Blue, Inc. v. Clear!Blue, Inc.,
(Trademark infringement action)
Represented Plaintiff trademark owner. Jury verdict of $2,000,000 based on trademark infringement and claim based on percentage royalty defendant should have paid for license.

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.

Landing Gear

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. Successfully argued for affirmance of Ano willfulness@ in the 11th Circuit.

John Wieland Homes & 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.

Caraustar Indus., Inc. v. N. Georgia Converting, Inc.
(Patent infringement claim relating to a winding core having integral entangling mechanism)
Represented accused infringer. Summary judgment of non-infringement entered in favor of defendant.

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.

Bright Ideas, Inc. v. Target
(Patent infringement claim asserting infringement of a patent relating to child safety seats)
Represented Target department store chain and won summary judgment of invalidity of asserted patent based on prior art offer of sale before statutory bar date. Successfully argued for affirmance of district court grant of summary judgment in the United States Court of Appeals for the Federal Circuit.

Allora v. Cambridge Builders
(Copyright infringement claim relating to architectural work)
Represented builder against claim of over $3 million dollars in Aprofits@ arising out of construction of several multiple family condominiums. Jury returned a verdict of $99,000, or less than three percent of the amount initially sought.

Julia-Jane Walker v. General Wig Manufacturers, Inc.
(Patent infringement claim relating to women's hair extensions)
Represented defendant and won summary judgment of non-infringement, resulting in dismissal of action by plaintiff without appeal.

Celebrity International v. Aderans Hair Goods, Inc. and Sally Beauty
(Patent infringement claim relating to women's hair extensions)
Settlement on favorable terms on behalf of defendants shortly after tendering unfiled copy of anticipated summary judgment motion and memorandum to plaintiff.

 

 

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Copyright, W. Thad Adams, III, 2013. All rights reserved. (Revised January 1, 2013)

All the information provided on this web site is of a general nature, and is not intended to address individual circumstances or the needs of any particular person or entity. This information is provided with no guarantee of completeness, accuracy, or timeliness. It is not intended to and does not render legal or other professional services. No one should act upon such information without appropriate advice and a thorough examination of the facts in a particular situation. Thad Adams assumes no liability for reliance on the information contained on this web site and reserves the right to make any change to the content without prior notice. Nothing on this website is intended to be legal advice, and is not legal advice. Nor is this website connected in any way with Adams’ employer, the law firm of Shumaker, Loop & Kendrick, LLP.