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Stephen J.Butler

PartnerSubpractice Group Leader, Intellectual Property LitigationSteve.Butler@ThompsonHine.com
Cincinnati

O 513.352.6587

Stephen J.Butler

Partner
Subpractice Group Leader, Intellectual Property LitigationSteve.Butler@ThompsonHine.com
Cincinnati

O 513.352.6587

Focus Areas

Intellectual Property

  • Defense of a manufacturer of storm water treatment device in patent infringement litigation.
  • Defense of a manufacturer of products used in concrete construction in patent infringement litigation.
  • Defense of a patent owner in litigation alleging misappropriation of ideas and seeking change of inventorship and damages.
  • Representation of an accused infringer in Federal Circuit appeal of case involving packaging system.
  • Representation of national operator of grocery and related stores in declaratory judgment and infringement litigation involving customer loyalty rewards and couponing systems.
  • Representation of the owner of a patent covering process for preparing pressure sensitive adhesive in declaratory judgment litigation asserting claims of invalidity and inequitable conduct.
  • Representation of owner of patent covering method for improving efficiency of operations of trucking companies in multidistrict litigation over infringement and invalidity claims.
  • Representation of a manufacturer of surgical instruments in litigation against former employee who obtained patents on devices in violation of his inventions agreement.
  • Representation of a nutraceutical manufacturer in false patent marking litigation.
  • Representation of a manufacturer of industrial machinery in patent infringement litigation.
  • Defense of a supplier of hardware and software systems for networked inventory management against claims for copyright infringement and misappropriation of trade secrets.
  • Represented an inventor of technology in litigation with equity investors over control of the corporation.
  • Defense of a company accused of stealing trade secrets after hiring a chemist employed by a competitor in an FBI investigation and related civil litigation.
  • Defense of a physician in litigation for copyright infringement litigation based on materials presented at a medical seminar.
  • Representation of an Australian manufacturer of consumer products in a design patent infringement case.
  • Representation of a digital printer manufacturer in an patent infringement case.
  • Obtained injunction and retraction order on behalf of a national catalog company in a Lanham Act false advertising case against a competitor.
  • Representation of a chemical manufacturer in action to enjoin a competitor’s misappropriation of product formula.

Business Disputes

  • Defense of a manufacturer in False Claims Act litigation seeking $250 million in damages for alleged product substitution on federally funded projects.
  • Obtained $5.3 million judgment for purchaser of defective industrial equipment in suit against manufacturer.
  • Obtained injunction in federal court, which was affirmed on appeal, enforcing a non-compete agreement on behalf of manufacturer against a terminated distributor.
  • Designed and conducted internal investigation for a manufacturer which suspected that its regional plants had provided nonconforming products under government contracts, and then implemented a procedure to resolve the matter without litigation by disclosing the results of the investigation to the government agency.
  • Defense of landfill operators in environmental citizens’ suit alleging federal statutory and state common law claims.
  • Representation of a commercial property owner in indemnification claim against seller of business for environmental remediation costs.
  • Assisted in representation of manufacturing companies in Superfund contribution claims.
  • Defense of a manufacturer of stormwater detention system in a 400 unit condominium project in litigation over collapse of the system by the developer against the manufacturer, the engineer and the contractor.
  • Defense of a manufacturer of large corrugated steel tunnel in litigation over collapse of the structure at a coal mine.
  • Multiple representations of manufacturer of oil country tubular goods in litigation involving offshore and down-hole failures in wells and transmission lines.
  • Representation of majority shareholders in a suit by minority shareholders asserting claims for fraud and breach of fiduciary duty in connection with sale of business.
  • Obtained jury verdict for manufacturer of storm water pipe used in renovation of major metropolitan sewer system on claims by general contractor on the project alleging defective design.
  • Defense of a contractor in criminal investigation, government enforcement action, and civil class action in Indiana arising out of discharge of chemicals into a river.
  • Obtained a $10 million arbitration award for damages suffered by purchaser of a business arising from seller’s breach of representation that it had operated the business in compliance with the law.
  • Obtained summary judgment for seller of a business on claims by buyer for fraud and breach of contractual representations and warranties.
  • Representation of a steel manufacturer in claim against supplier of scrap metal for delivering scrap containing radioactive material that contaminated the manufacturer’s plant.
  • Defense of purchaser of business in claims by seller for breach of contract and fiduciary duties in connection with determination of the earn-out portion of the purchase price.
  • Obtained $5.3 million judgment for purchaser in breach of warranty litigation against manufacturer of equipment for heat-treating steel.
  • Defense of officer of savings bank against criminal fraud charges.

Antitrust

  • Defense of a manufacturer in litigation by a distributor alleging price discrimination.
  • Defense of a soft drink bottler in grand jury price fixing investigation that was terminated without indictment.
  • Representation of soft drink bottler in litigation filed by a competitor for alleged monopolistic and unfair business practices.
  • Defense of a company in civil investigation by state Attorney General into alleged monopolistic practices.
  • Representation of an individual charged with criminal antitrust violations in investigation of market allocation in the packaged ice industry.
  • Representation of a manufacturer of ready-mix concrete in claim against plant owner for unlawful tying arrangement.
  • Seminar presentation on antitrust and contracting issues in purchase and sale transactions
  • Seminar presentation and publication of materials entitled “Distribution Conflicts in Cyberspace,” dealing with antitrust issues involved in doing business on the Internet
  • Presentation of training programs to clients’ sales employees on antitrust compliance
  • AV® Preeminent Rated by Martindale-Hubbell
  • Selected for inclusion in The Best Lawyers in America© 2007 to 2023 for Antitrust Law, Commercial Litigation, Litigation – Antitrust and Litigation – Intellectual Property; named Best Lawyers® 2016, 2018 and 2020 “Lawyer of the Year” in Cincinnati
  • Selected annually since 2008 for inclusion in Super Lawyers by Ohio Super Lawyer magazine

Professional Associations

  • American Bar Association
  • Ohio State Bar Association
  • Cincinnati Bar Association

Community Activities

  • The Cincinnati Playhouse in the Park, trustee, 1994 to 1999
  • Junior Achievement of Greater Cincinnati, director, 1995 to 1997
  • The Cincinnatus Association

Education

  • University of Cincinnati College of Law, J.D., 1977,

    Order of the Coif; editor in chief,  University of Cincinnati Law Review, 1976 to 1977

  • St. Joseph's College, B.A., 1974,
    magna cum laude

Bar Admissions

  • Ohio

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Ohio