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Peter M. Spingloa
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Representative IP Cases

I have obtained important results for clients in high-stakes intellectual property litigation and transactions.  Regardless of whether we represent the plaintiff or the defendant, our approach on each case is to get ready for trial as quickly as possible. Our team has an outstanding record of obtaining plaintiff client objectives by either creating a revenue stream by licensing out the technology or protecting assets by stopping the infringement. We have been equally successful representing defendants accused of violating intellectual property rights. While our plaintiff clients have enjoyed settlements and judgments totaling millions of dollars, our defendant clients have saved hundreds of millions of dollars as well. We are particularly proud of our reputation for successfully representing the interests of small companies with innovative patented products against various larger companies.

  • Our litigation team was recently hired to defend a software company against claims that its image recognition technology infringes one or more patents.  The case is pending in a federal district court in Marshall, Texas.

  • We recently obtained a confidential settlement for plaintiff software company in a patent infringement claim that was pending in a federal district court in Chicago and companion antitrust and unfair competition claims that were pending in Dallas federal court.

  • A well-known online retailer hired our team to defend against copyright infringement, trademark infringement, unfair competition and trade dress claims asserted in a federal district court in Tampa, Florida. After one year of litigation, the case was settled for a nominal amount.

  • Our appellate team recently drafted an appeal to the United States Court of Appeals for the Seventh Circuit on behalf of a dental implant company seeking a declaratory judgment that its insurer had a duty to defend the company in an underlying lawsuit for patent and trademark infringement. We were able to obtain a confidential favorable settlement prior to oral argument.

  • We recently represented a private equity firm in bringing suit in the Commercial Division of New York County state court for breach of contract and fraud against the buyer of a software company.  After eight months of litigation, we obtained a confidential favorable settlement on the client’s behalf.

  • Our team designed and executed a litigation strategy and settlement structure for technology genius Swift Engineering, Inc., that netted Swift $22 million. Swift developed a breakthrough technology which launched the next-generation of unmanned air vehicles used by the government primarily for intelligence missions.  Two Fortune 500 defense contractors (through their high-powered Los Angeles and Boston law firms) each asserted intellectual property rights in the technology that conflicted with Swift’s ownership rights.  Swift hired me when the parties were just steps away from multi-million dollar infringement litigation in California federal court.  The parties and their lawyers were able to come together, however, and construct a three-party out-of-court settlement that, after seven months of negotiation, resulted in Swift selling the technology to one of the defense firms.  Another component of the settlement involved one of the defense firms licensing a portion of the technology to the other defense firm in exchange for royalties.   Yet another part of the three-way deal secured for Swift long-term technology support contracts with both defense contractors that will create extraordinary revenue for Swift over the next decade.  The defense firms, for their part, will now battle the other industry heavy weights for valuable defense contracts, as each tries to “ring the cash register” using the intellectual property originally created by Swift.

  • Our team was hired to defend the industry-leader in industrial storage equipment design (used by big-box stores like Home Depot and Lowes) against a claim that certain industrial equipment infringed the patent of a Canadian company.  In seeking to dominate the industrial storage market, the Canadian company had obtained several patents and was asserting damages for infringement in excess of $63 million in federal district court in Harrisburg, Pennsylvania.  After obtaining favorable claim construction rulings, we were able to construct a solid non-infringement defense through expert testimony, and uncovered other defense theories that threatened to render the asserted patent unenforceable and allow our client to recover its attorney’s fees.  After several years of litigation, no injunction has issued and no money damages have been awarded.

  • A well-known international jewelry manufacturer and supplier hired Chapman Spingola to assert patent infringement claims against competitors who were using patented diamond settings without authorization to do so.  We filed the first of these infringement claims in the Northern District of Illinois, and within a few months and after a day-long presentation of evidence, which included video animation and Power-Point slides illustrating the infringement, the defendant agreed to cease and desist from further infringement, in addition to other confidential terms of settlement.

  • A Fortune 100 investment bank accused of multi-million dollar patent and copyright infringement by a Fortune 100 computer giant worked with me to develop a litigation and settlement strategy designed to induce the patent holder to resolve claims through a license agreement.  After twelve months of intense negotiations concerning the asserted claims of seven different patents, the case was amicably resolved through a global settlement of all claims.

  • A former officer of catalog-giant Spiegel hired our team to defend against claims of copyright infringement and RICO violations asserted in a Chicago federal court.  After filing several motions to dismiss that narrowed the scope of the asserted claims, and after presenting the defendant officer for deposition, the defendant officer was voluntarily dismissed from the case.

  • A local television personality hired our team to bring misappropriation claims against an international media giant for copying scripts for a popular television series.  After presentment of a demand letter and draft complaint, the case was settled for a confidential amount.

  • A California engineering firm hired me to travel to Stuttgart, Germany to negotiate a design and development agreement with Gobler-Hirth Motoren KG concerning the production of a custom engine used to power the U.S. Navy and U.S. Marines unmanned air vehicles.

  • Our team has been hired to prosecute patent infringement claims in the Middle District of Florida on behalf of an international manufacturer and distributor of storage solutions.

  • We are prosecuting fraud and breach of contract claims in the Commercial Division of the New York Supreme Court, on behalf of a private equity firm which lost millions of dollars in connection with the sale of one of its portfolio companies engaged in the software business.

 

 

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