Attorney Joseph F. Cleveland Jr.'s Legal Cases

Copyright infringement

MGE UPS Systems, Inc. v. GE Consumer and Industrial, Inc., 612 F.3d 760 (5th Cir. 2010)

Sep 29, 2010

OUTCOME: United States Court of Appeals for the Fifth Circuit reversed and rendered a take nothing judgment in favor of General Electric in an appeal of a multi-million dollar jury verdict.

Digital Millennium Copyright Act (DMCA), copyright infringement and misappropriation of trade secrets involving commercial software for sophisticated business equipment

Antitrust and trade law

Nationwide Power Solutions, Inc. v. Eaton Electrical, Inc., No. 8:2007cv0883 (C.D. Calif. 2007)

Jul 20, 2010

OUTCOME: Anti-trust suit against manufacturer of uninterruptible power supply (UPS) equipment, which settled prior to trial.

Successfully represented 12 independent service organizations in an aftermarket anti-trust suit against manufacturer of uninterruptible power supply (UPS) equipment based on diagnostic software and ser ... vice policies that prevented customers from utilizing independent service.

Securities and investment fraud

Arkoma Basin Project, LP v. West Fork Energy Co., LLP, 2010 WL 2711088 (5th Cir. 2010)

Jun 29, 2010

OUTCOME: United States Court of Appeals for the Fifth Circuit affirmed a take nothing jury verdict in a securities fraud and breach of contract case involving the oil and gas industry.

Securities fraud and breach of contract case involving the oil and gas industry

Patent infringement

Gillig v. Nike, Inc., 602 F.3d 1354 (Fed. Cir. 2010)

Apr 20, 2010

OUTCOME: United States Cour of Appeals for the Federal Circuit affirmed in part, reversed and remanded for trial inventorship claim involving patent on golf club. Settled before trial.

Inventorship claim involving patent on golf club

Real estate

FWT, Inc. v. Haskin Wallace Mason Property Mgmt., LLP, 301 S.W.3d 787 (Tex. App.--Fort Worth 2009, pet. denied)

Nov 25, 2009

OUTCOME: Texas Court of Appeals affirmed trial court's summary judment that property owner's right of first refusal was waived or extinguished.

Declaratory judgment regarding property owner's right of first refusal

Antitrust and trade law

Eaton Power Quality Corp. v. J. T. Packard and Assoc., Inc. No. 1:2005cv3545 (N.D. Illinois 2005)

Jan 22, 2007

OUTCOME: Settled prior to trial

Copyright infringement, misappropriation of trade secrets and anti-trust case involving diagnostic software

Trademark infringement

MGE UPS Systems, Inc. v. Fakouri Electrical Engineering, Inc., 422 F.Supp.2d 724 (N.D.Tex.2006)

Mar 17, 2006

OUTCOME: United States District Court granted summary judgment in favor of servicer of uninterruptible power supply (UPS) equipment against manufacturer's claims.

Racketeering Influenced and Corrupt Organizations (RICO) Act, trademark infringement and conspiracy

Civil rights

Murphy v. Fort Worth Independent School Dist., 258 F. Supp. 569 (N.D. Tex. 2003), vacated, 334 F. 3d 470 (5th Cir. 2003)

Jun 17, 2003

OUTCOME: United States Court of Appeals for the Fifth Circuit vacated declaratory and injunctive relief due to mootness.

Suit for declaratory judgement and permanent injunction

Trademark infringement

Racetrac Petroleum, Inc. v. J. J. Fast Stop, Inc., 2003 WL 251318 (N.D. Tex. 2003)

Feb 03, 2003

OUTCOME: United States District Court granted summary judgment on claim of trade dress infringement.

Trade dress infringement

Patent infringement

New Railhead Mfg., LLC v. Vermeer Mfg. Co., 219 F. Supp.2d 758 (N.D. Tex. 2001), aff'd, 298 F.3d 1290 (Fed. Cir. 2002)

Jun 30, 2002

OUTCOME: United States District Court granted summary judgment invalidating drill bit patent due to prior public use and affirmed on appeal.

Patent infringement case regarding directional boring bit

Joseph F. Cleveland Jr.'s Legal Cases (14)