Representative Cases

Jones v. American Council on Exercise (2015): 4:15-cv-03270
On behalf of Dr. Michael Jones, the firm filed a trademark infringement lawsuit in federal district court in Houston against one of the world’s largest fitness companies. The complaint included allegations of infringement under the federal Lanham Act and the Texas common law. The trademark at issue was the un-registered name of the plaintiff’s business, which had been in use for over 20 years. After successfully defeating a motion for summary judgment filed by the defendant the parties successfully mediated the case and reached a confidential settlement agreement.

Conlin v. Solarcraft, Inc. (2014): 4:14-cv-01852
The firm represented Solarcraft, Inc., a company engaged in a dispute over the validity, enforceability and ownership of four patents. During discovery, and before any depositions were taken, the firm strategically filed and won a motion for partial summary judgment resulting in a dismissal of all claims for invalidity and unenforceability. Shortly afterwards, the parties reached a confidential settlement.

LDARtools, Inc. v. InspectionLogic Corporation (2014): 4:13-cv-02963
Elliott and hisfirm represented the plaintiff in a patent infringement action, which charged the defendant with infringement of five patents involving software used in the monitoring of toxic emissions at chemical plants and refineries. Shortly after the case was filed the defendant filed a request for inter partes review of several of the patents-in-suit. The firm defended the patent owner in the IPR proceeding. During the discovery and claim construction, the parties successfully reached a confidential settlement resolving all issues.

Western Falcon, Inc. et al. v. Moore Rod & Pipe, LLC et al. (2013): 4:13-cv-02963
The firm successfully secured a preliminary injunction on behalf of the patent holder plaintiff. The case involved patented methods for using polymer liners in tubulars used in oil and gas production wells. After the case was filed, the firm on behalf of the plaintiff filed a motion for preliminary injunction. The defendant opposed the motion and filed a request for inter partes review and also for a stay of the case. At a hearing on the motion to stay the court agreed to enter a preliminary injunction prohibiting the defendant from engaging in certain marketing activities pending the termination of the inter partes review. Ultimately, the parties reached a settlement agreement disposing of all issues.

Carnley et al. v. Culom Incorporated et al. (2012): 4:12-cv-01887
In a quarrel over trademarks Mr. Elliott represented the defendant owner of a successful Cajun food restaurant operating in downtown Houston. The plaintiff was a former manager of the restaurant, who had secretly filed an application for federal registration of the name of the restaurant. She filed a lawsuit in state court requesting a temporary injunction. On behalf of the defendant, Elliott immediately removed the case to federal district court, thus effectively ending the threat of an injunction. Shortly thereafter, the parties negotiated a prompt settlement.

Matthew Phung v. ThomasKelly Software Associates L.P. et al (2012): 2:12-cv-02692
Mr. Elliott represented the defendant in a trademark case filed in the Central District of California against his client, a Houston company. After filing an answer defendant successfully settled the case on favorable terms.

Ivan G. Rice v. United States (2011): 1:05-cv-00187
In 2005, Mr. Elliott filed an action against the United States government in the Court of Federal Claims under 28 U.S.C. 1498, for unauthorized use of a patented twin spool gas turbine power system. After six years of litigation, Mr. Elliott successfully mediated the case with the government, resulting in settlement and entry of a final judgment.

LunarEye, Inc. v. Enfora, Inc., et al (2010): 9:10-CV-00119-RC
Mr. Elliott represented Globalstar, Inc. and Spot, LLC, defending against a patent infringement action brought in the Eastern District of Texas. The patented technology involved location reporting utilizing GPS systems. After presenting its invalidity contentions, the parties reached a confidential settlement.

Microbes, Inc. v. The Espoma Company et al. (2009): 2:09-cv-00237-TJW
Mr. Elliott represented the patent owner in an case involving charges of infringement of a patent covering fertilizer compositions containing specific microbial formulations. Following discovery and a highly favorable claim construction order, the case was settled.

Hot-Hed, Inc. et al .v. Safehouse Habitats (Scotland), Ltd. (2008): Cause No. 2006-26781
In 2006, Mr. Elliott represented a small Scottish company sued for trademark infringement in Houston. Following a 3-week trial, a jury returned a verdict in favor of the defendant, finding that the alleged trademark was generic and therefore not valid. The court also awarded the Scottish company its attorney fees. The judgment was affirmed on appeal.

York Caskets v. Ellis Melton, Inc., et al. (2006): 4:06-cv-00262
Mr. Elliott represented defendants as lead counsel in a case where the plaintiff charged the defendants with trademark and trade dress infringement under the federal Lanham Act and Texas state law. Elliott filed a motion for partial summary judgment to render unenforceable a "best efforts clause" in the contract at issue. The motion was granted. Following discovery and before trial the case was settled.

Source, Inc. v. American Express Company (2005): 2:05-cv-00354-TJW-CE
Mr. Elliott represented the plaintiff Source, Inc. which was the owner of three patents covering aspects of technology relating to consumer cash value methods and systems. Following a successful claim construction, after the close of discovery but before trial, the parties reached a confidential settlement agreement.

Carson v. Dynegy, Inc. (2003): 344 F.3d 446 (5th Cir)
Mr. Elliott represented the plaintiff William Carson at the trial court level for copyright infringement involving power trading software that he had created while employed by Dynegy. Among the issues was whether Carson’s claims were subject to equitable estoppel and whether he created the software within the scope of his employment and thus qualified as a work-made-for-hire. After a lower court ruling, the case was appealed and later settled.

Loewenthal v. PGS Ocean Bottom Seismic, Inc. et al. (2000): 4:99-CV-01886
Mr. Elliott represented an inventor in a patent infringement case involving​​​ seismic processing. After the court denied numerous defendant motions for summary judgment, the case went to mediation, resulting in a confidential settlement.

Ivan G. Rice v. ABB (1998): 1:97-cv-00246
Mr. Elliott represented a prolific inventor, Ivan G. Rice, in a patent case against Asea Brrown Boveri in which the central issue was whether a license agreement had been breached. The dispute with ABB concerned European Patent No. 20594 for a reheat gas turbine. After discovery and an arbitration hearing before a panel of three arbitators, but before a decision, the parties reached a settlement.

CICCorp Inc. v. Neodyme Technologies, et al. (1997) (Houston): 4:97-cv-04013
Mr. Elliott represented CICCorp Inc. in federal district court in Houston, and filed a successful opposition to a motion for summary judgment filed by the Defendant. The case ultimately settled.

King v. Milbauer et al. (1996): 4:95-cv-03754
Mr. Elliott represented the defendants who had been sued for copyright infringement based on the design of a 3-story townhome. Defendants alleged that because Mr. Milbauer had actively participated in the design of the townhome, he qualified as a joint author notwithstanding that the architect he had hired had secretly registered the copyrights for the drawings and the townhome itself. This was the first case in the Southern District of Texas in which the Architectural Protection Act of the U.S. copyright law had been litigated. Just before trial the parties settled.

Ivan G. Rice v. General Electric (1996): 4:94-cv-00007
Mr. Elliott represented the patent owner in Ivan G. Rice v. General Electric in federal district court in Houston, Texas. Mr. Rice charged General Electric with willful infringement of various patents covering aspects of the blades of steam turbines. The case was ultimately resolved following mediation.

Bright Star Designs v. J. Kinderman & Sons (1996): 4:96-cv-00498-TCK
Mr. Elliott represented the plaintiff in a case covering framed sculptures. The plaintiff alleged that the defendant had deliberately copied certain 3-dimensional framed sculptures that were protected trade dress under the federal Lanham Act. After defeating the defendant’s motion for summary judgment, the case was resolved via a confidential settlement agreement.

Baker v. Jantz-Femco, Inc. (1996): 3:96-cv-00128-J
Mr. Elliott represented one of the defendants in a patent infringement case filed in the Northern District of Texas. The patent covered goose-necked trailers. After limited discovery Mr. Elliott filed a motion for summary judgment. Before the court ruled on the motion, the parties participated in mediation resulting in settlement.

Carbo Ceramics, et al v. Norton-Alcoa Proppants et al. (1989): 3:89-cv-03075-X
Mr. Elliott was part of the team representing the primary defendant in Carbo Ceramics, et al v. Norton-Alcoa Proppants et al., a patent infringement case involving a patented composition of calcined bauxite proppants. The case ultimately settled.

Phillips Chemical Co. v. Hoechst Celanese and Kureha Chemical Co. (1988)
Mr. Elliott was part of the team representing one of the defendants in a case involving alleged infringement of two basic patents for polyphenylene sulfide (PPS). After the defendants filed a declaratory judgment action in the federal district court in Delaware, the Plaintiff filed a complaint in the International Trade Commission alleging infringement of the patents. Mr. Elliott handled depositions, motions, and discovery in the ITC. Shortly before the ITC hearing, the parties reached a settlement.

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