Examples of Rachael’s experience include:

Patent

• Represented major agricultural machinery manufacturer in a patent infringement case involving excavating equipment, successfully excluding key damages opinions in a Daubert challenge and successfully excluding willfulness arguments from the jury, leading to an advantageous settlement shortly before trial.
• Obtained summary judgment of non-infringement of all asserted claims on behalf of mulching equipment manufacturer in case alleging infringement of two utility patents relating to mulching attachments.
• Represented metal beverage can manufacturer in litigation alleging infringement of patents relating to can end technology, in which client won summary judgment of indefiniteness.
• Served as lead counsel defending international information and analytics company in defense of multiple cases alleging infringement of patents involving data technology. Successful in obtaining transfer of venue to client’s home state, leading to settlement favorable to client.
• Served as lead counsel for welding technology company in defending claims of patent infringement and trade secret misappropriation. Successfully obtained transfer of venue to client’s home state and dismissal of all claims against the client.
• Successfully represented pediatric orthopedics company in defense of patent infringement and trademark claims relating to rod reducers for spinal surgery, resulting in a beneficial settlement for client while summary judgment motions were pending.
• Represented manufacturer of greenhouse grow lights asserting infringement of utility and design patents and trademark against competitor and successfully obtained dismissal of all counterclaims. Client ultimately obtained advantageous settlement.
• Lead counsel in defense of national fast-food chain in patent litigation by a non-practicing entity, obtaining a settlement for a de minimus amount.
• Represented roofing materials manufacturer in defending patent infringement claims in the International Trade Commission and multiple federal courts, resulting in an advantageous settlement for the client during discovery.

Lanham Act Trademark and False Advertising

• Advises companies on avoidance of false advertising claims, including those involving comparative advertising or claims regarding ingredients or performance.
• Obtained summary judgment for major adhesive company on claims of false advertising based upon chemical composition of adhesive product and claims of trade dress infringement relating to product packaging.
• Served as lead counsel in various enforcement actions relating to trade dress and design patent rights for international online jewelry brand.
• Lead counsel in defense of preliminary injunction in a trademark infringement case involving national chain of health studios. Obtained favorable settlement for client prior to hearing on preliminary injunction.
• Lead counsel representing roofing company asserting trademark infringement of the company name by competitor, resulting in a favorable settlement for the client.

Trade Secret/Restrictive Covenant

• Served as lead Ohio counsel representing financial services client against claims alleging misappropriation of trade secrets associated with an annuity product and associated marketing scheme. Following a successful motion to dismiss all claims other than misappropriation of trade secrets under Ohio law, the case culminated in summary judgment in favor of Prudential on the basis that no trade secrets existed, which the Sixth Circuit later affirmed.
• Served as lead counsel in defense of a trade secret dispute over software technology involving automobile rates and residuals data, obtaining summary judgment on all claims and successfully defending the result on appeal to the Sixth Circuit.
• Successfully obtained a temporary restraining order and preliminary injunction to protect a data analytics and legal research company’s trade secrets when an executive joined a competitor in violation of his non-competition and non-solicitation agreement. Judgment included an award of attorneys’ fees.
• Defended commercial roofing and waterproofing company in allegations of misappropriation of trade secrets and tortious interference with an employment contract, resulting in beneficial settlement for client after successful efforts in discovery.