About Kyle

Kyle is a versatile and veteran trial lawyer and counselor that has been solving problems and achieving clients’ goals for more than 20 years. Kyle’s diverse experience—including as a partner in large and small law firms, two stints as an in-house general counsel, and co-founder of a startup—provides the perspective and approach to matters that few can match.

“Having been the client during my time in-house and at the start up, I really appreciate that viewpoint and the associated issues and concerns—I really hated the way many lawyers operated: legal and billing surprises, overstaffing cases with a revolving door of paralegal and associates, unnecessary motions and discovery, and often working towards the result they wanted but not necessarily the result we needed as a business.

I avoid these problems by employing a lean and agile method to my practice. It starts by identifying the true business objectives of the client, often a synthesis from multiple stakeholders such as management, engineering, sales and marketing, and finance.  These objectives are then pursued with unwavering focus, efficiency and creativity. Ultimately, its not about winning for winning’s sake, it’s all rolling-up the sleeves and getting the required business results—on time and on budget.”  

Kyle has put this philosophy to practice as a seasoned litigator in federal courts and agencies, as well as in California, Ohio and New York state courts. Kyle has successfully handled numerous and varied appeals and cases involving, for example, patent and intellectual property infringement, importation and trade disputes, complex commercial disputes and breach of contract, securities and anti-trust violations, shareholder/partner disputes, and Constitutional or common law violations. 

Kyle also has worn the many hats of a general counsel, and has significant experience in a wide variety of legal/business matters such as licensing and commercial contracts, supplier and vendor relationships, intellectual property, antitrust, and industry groups such as horizontal joint ventures and standard setting organizations.

 

Experience

Electrolux North America (2006-2007) - Associate General Counsel, Intellectual Property

Baker & Hostetler LLP (1996-2006) - Partner, Litigation, Intellectual Property, and Competition  

Benesch, Friedlander, Coplan & Aronoff LLP (1995-1996) - Associate, Financial Institutions and Litigation

Wells Fargo Bank, N.A. (1995) - Assistant General Counsel, Litigation

Federal Reserve Bank of Cleveland (1988-1990) - Research Assistant, Economics Department

 

Professional Memberships

San Francisco Intellectual Property Law Association

Cleveland Intellectual Property Law Association

International Trade Commission Trial Lawyers Association

 

Other Memberships

Honor Mountain Interactive Inc. - Board of Directors, co-founder of mobile, social gaming start-up

Bay Village Lacrosse Club - Board of Trustees and Assistant Coach

The Cleveland Yachting Club - Director, Start-Opti-Sailing 2011, 2012, Member, Sail Camp Committee

Northwestern University Crew - Alumni Board of Directors 2010-2012

 

Awards

Kyle has been recognized as an Ohio Super Lawyer—an award presented to no more than 2.5 percent of the lawyers in Ohio.

 

Select Litigation Matters

Appellate

  • Alcohol Monitoring Systems, Inc. v. Actsoft, Inc., 499 Fed.Appx. 974 (Fed. Cir. 2013)
  • ABB, Inc. v. Cooper Industries, LLC, 635 F.3d 1345 (Fed. Cir. 2011)
  • Alcohol Monitoring Systems, Inc. v. Actsoft, Inc., 414 Fed.Appx. 294 (Fed. Cir. 2011)
  • In re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007)
  • TAP Pharmaceutical Products, Inc. v. Owl Pharmaceuticals, LLC, 419 F.3d 1346 (Fed. Cir. 2005)
  • Paradise Creations, Inc. v. U V Sales, Inc., 315 F.3d 1304 (Fed. Cir. 2003)
  • International Periodical Distributor v. Bizmart, Inc., 95 Ohio St. 3d 452 (Ohio 2002) and 43 UCC Rep.Serv.2d 1173 (Ohio Ct. App. 2001)
  • State ex rel. Dispatch Printing Co. v. Louden, 91 Ohio St. 3d 61 (Ohio 2001)
  • State ex rel. Plain Dealer Publishing Co. v. Cuyahoga Cty. Court of Common Pleas, 90 Ohio St. 3d 272 (Ohio 2000) and 88 Ohio St. 3d 1225 (Ohio 2000)

International Trade Commission

  • In re Digital Televisions and Components Thereof, 337-TA-789
  • In re Blu-Ray Disc Players, Components Thereof and Products Containing Same, 337-TA-824

Federal District Court

  • Aspen Medical Products, Inc. et al v. Comfortland Medical, Inc., California, Central District – Patent infringement 
  • Julius Zorn v. Circaid Medical Products, Inc., California, Southern District – Patent infringement
  • Rubik's Brand Limited v. Merchsource, LLC, et al, New York, Southern District – Trademark infringement
  • Vita-Mix Corporation et al v. Blendtec, Inc., Ohio, Northern District – Patent infringement
  • ASM Assembly Systems Switzerland GmbH et al v. QTS Engineering, Inc, Massachusetts – Patent infringement
  • Air Monitor Corp. v. Promecon Prozess-und Messrechnik Conrads GmbH, New York, Southern District – Breach of license; patent infringment
  • Traffic Systems LLC v. Wapiti Engineering, LLC, et al. Ohio, Northern District – Patent infringement
  • Digitech Image Technologies v. Hasselblad A/S, et al. California, Central District – Patent infringement
  • Eastcott v. Hasselblad A/S, et al. New York, Southern District – Patent infringement
  • Technology Licensing Corp. v. Westinghouse Digital, LLC, et al. California, Northern District – Patent infringement
  • Semiconductor Energy Laboratory Co. Ltd v. Chimei Innolux Corp., et al. California, Central District – Patent infringement
  • Radiation Stabilization Solutions LLC v. Varian Medical Systems, Inc., et al. Illinois, Northern District – Patent infringement
  • Quantum Electronics Ltd et al. v. C B Home Detention Equip. & Services, Inc., et al. Ohio, Northern District – Patent infringement
  • Technology Licensing Corp. v. Westinghouse Digital, LLC, et al. Illinois, Northern District – Patent infringement
  • Vizio Inc. v. Coby Electronics Corp., et al. California, Central District – Patent infringement
  • Brain Life, LLC v. Elekta Inc., et al. California, Southern District – Patent infringement
  • Software Freedom Conservancy, Inc. v. Best Buy Co., et al. New York, Southern District – Copyright infringement
  • Cooper Industries LLC, et al. v. ABB Holdings Inc., et al. Texas, Southern District – Patent infringement
  • Mobile Hi-Tech Wheels v. Wheel Specialties Ltd California, Central District – Patent infringement
  • Alcohol Monitoring Systems, Inc. v. CB Home Detention Equip. & Services, Inc., et al. Colorado – Patent infringement
  • Multimedia Patent Trust v. DirecTV, Inc., et al. California, Southern District – Patent infringement
  • Avery Dennison Corp. v. Toray International, Inc. California, Northern District – Patent infringement
  • OnStar Corp. v. Micral, Inc., et al. Ohio, Northern District – Patent infringement
  • Laboratorios Miret, S.A., et al. v. A&B Ingredients, Inc. New York, Southern District – Patent infringement
  • Avery Dennison Corp. v. Alien Technology Corp. Ohio, Northern District – Patent infringement
  • Alcohol Monitoring Systems, Inc. v. Actsoft, Inc., et al. Colorado – Patent infringement
  • River Oaks Homes, Inc. v. Monarch Homes, Inc., et al. Ohio, Northern District – Copyright infringement
  • Atotech USA, Inc., et al. v. Macdermid, Inc. New Jersey – Patent infringement
  • IMIG, Inc. v. Electrolux Home Care Products Ltd New York, Eastern District – Trade dress infringement
  • MPT, Inc. v. Marathon Labels, Inc. Ohio, Northern District – Patent infringement
  • Dillon, et al. v. Royal Group Technologies Ltd, et al. Ohio, Northern District – Breach of contract
  • Royal Appliance Mfg. Co. v. Euro-Pro Corp., et al. Ohio, Northern District – Patent infringement
  • Galaxy Nutritional Foods v. Schreiber Tech., Inc. Florida, Middle District – Patent infringement
  • Bissell Homecare, Inc. v. Royal Appliance Mfg. Co. Ohio, Northern District – Patent infringement
  • Schreiber Foods, Inc. v. Galaxy Nutritional Foods Wisconsin, Eastern District – Patent infringement
  • Royal Appliance Mfg. Co. v. Bissell, Inc., et al. Ohio, Northern District – Patent infringement
  • Royal Appliance Mfg. Co. v. Hoover Co. Ohio, Northern District – Patent infringement
  • Paradise Creations v. U V Sales, Inc. Florida, Southern District – Patent infringement
  • Hoover Co. v. Royal Appliance Mfg. Co. Ohio, Northern District – Patent infringement
  • Major League Baseball Properties v. Sportspro Marketing, et al. New York, Southern District – Breach of contract
  • Eller Media Co. v. City of Cleveland Ohio, Northern District – First Amendment
  • Comdisco, Inc. v. Christopher Ohio, Northern District – Breach of contract
  • Comdisco, Inc. v. Pinnacle Computer Ohio, Northern District – Breach of contract
  • Surgical Navig. Tech., et al. v. BrainLAB Mediz Comp., et al. Colorado – Patent infringement
  • Webster v. Bear Stearns Co. Inc., et al. Ohio, Northern District - Securities
  • McCormick v. American Association of Baseball, et al. Ohio, Northern District – Trademark infringement
  • NBA Properties v. DOES Ohio, Northern District – Trademark infringement
  • McNeill Int’l Inc. v. Gas Measure Instruments, et al. Ohio, Northern District – Breach of contract
  • Hyams v. Williams, et al. Ohio, Northern District – False arrest
  • Roush v. National City Bank, et al. Ohio, Northern District – Breach of fiduciary duty