LAW OFFICES OF

JOHN E. HOPE

RECENT SUCCCESSFUL RESULTS

SOFTWARE INFRINGEMENT LITIGATION

Canadian software developer sued in Federal Court by major domestic software firm, claiming patent and design infrigement. The Complaint requested over $3M in damages and a pemanent injunction. We cross-complained for software development costs and hardware supplied with embedded software.

RESULT: Our client was paid over $350k and the major software company agreed to an injunction restraining it from using our client's software unless purchased from us.


UNITED STATES TRADEMARK TTAB ACTION

Major New York vendor of high quality leather goods and watch objected to Trademark Application of over-sized multi-time watch manufacturer, claiming the design mark was confusingly similar to their existing mark. 

RESULT: Trademark Appeals Board ruled in our favor, dismissed the objection of the leather vendr and confirmed Trademark Registration in our client's favor.

 

BAT DESIGN INFRINGEMENT

Softball bat manufacturer entered into manufacturing agreement with our client and then sued, claiming infringement of bat design requesting over $1M in compensatory damages, punitive damages and injunctive relief. We filed a timely Motion for Summary Judgment, asking the court to decide as a matter of law that the claims were invalid. 

RESULT: The Court granted Summary Judgment to our client and awarded attorney fees in our favor.

 

STATE OF CALIFORNIA PREVAIILING WAGE CLAIM

The Department of Industrial Affairs issed an audit and assessed penalties of over $140k against a subcontractor on a prevailing wage construction contract, claiming workers were not paid according to sttatutory rates.

RESULT: We reduced the audit and penalties by over one half the amount claimed and avoided a hearing before the Department of Industrial Affairs.

 

OVER BUDGET AEROSPACE CONTRACT

Dispute with major areospace manufacturer over contract to provide heavy capital equipment for new domestic jet. The job ran significantly over budget due to changes and conditions imposed by jet manufacturer and could not be completed without a significant loss.

RESULT: We opened negotiations with the manufacturer and reached a revised deal where manufacturer agreed to pay increased costs of production and lost profits.

 

MULTI-PARTNERSHIP DISPUTE AND LITIGATION

Our client was a limited partner in several family owned businessand and real estate ventures in which there were numerous contested claims of mis-management, over-reaching and fraud against the managing partner. We analyzed available remedies under partnership law and sued the managing partner.

RESULT: Negotiated an extremely favorable  settlement to divide and buy-out partnership assets in which our client gained over $7.5M more in assets than it had before the lawsuit.

 

 

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INDUSTRIES REPRESENTED

     The clients we represent do business in these and other areas:

Aerospace Manufacturing     Aerospace Software Design     Commercial Construction     Residential Construction     Food Preparation and Distribution   Restaurant and Bars     Medical Services          Winery    Real Estate Development

Furniture Manufacturing and Importing   Home Furnishings Product Design

  Athletic and Sporting Goods  Movie Syndication

Film and Entertainment     Television Production     Advertising