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Mr. Rudy is chair of the firm's Intellectual Property department. His experience includes handling and principal responsibility for litigation of numerous civil cases (typically 3-5 per year); participation in three trials before U.S. District Courts (one trademark jury trial - first chair; two patent bench trials currently pending - second chair); lead attorney on numerous patent and trademark infringement cases; preparation and filing of numerous patent applications, primarily in the chemical and mechanical arts. In addition, he has a chemical engineering background with actual experience in the petroleum refining (Amoco Oil) and chemical pesticide fields (Mobay).
Mr. Rudy served as first-chair trial counsel during the following notable matters:
• Dananberg v. Payless ShoeSource: Successfully defended the national retailer and manufacturer in a massive patent case in the U.S. District Court for the District of New Hampshire. The plaintiff sought millions in damages. Litigation resulted in multiple favorable Markman rulings, and ultimately, summary judgment on all claims.
• Alzheimer’s Institute of America, Inc. v. Mayo Clinic, et al: Represented the leading nonprofit organization in a licensing and patent dispute involving the “Swedish Mutation,” a genetic mutation related to early-onset Alzheimer’s Disease. The defendant used cell lines containing the mutation, which is patented by our client, for research purposes. In arbitration proceedings, Lathrop & Gage argued successfully that these cell lines were not included in the scope of the licensing agreement.
• Crocs, Inc. v. Acme Ex-Im, Inc. et al: Represented Collective Licensing International, Effervescent Inc. and Holey Soles Holdings in patent litigation stemming from popular clog-style footwear. Lathrop & Gage achieved a complete victory in the case, which was brought in 2006 by Crocs and alleged that numerous shoe styles infringed its utility and design patents. The judge exonerated all accused shoes and invalidated one of Crocs’ two principal patents.
Mr. Rudy has extensive experience in patent litigation, licensing and prosecution in the areas of polymerase chain reaction (PCR) used to amplify and detect the presence of targeted genes, Alzheimer's disease genetics and therapeutics, and fluorescent protein and its related genetics.
In 1994, Bill participated as lead counsel in a two-week jury trial (first chair) before the U.S. District Court for the Southern District of Ohio. Bath & Body Works, Inc. v. Luzier Personalized Cosmetics, 76 F.3d 743 (6th Cir. 1996). The trial was directed to trademark infringement and unfair competition. He represented the defendant against a large company that manufactures and sells toiletries and wearing apparel (Bath & Body Works, a division of The Limited). The jury returned a favorable verdict for his client. The jury verdict was affirmed on appeal.
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