Summary
Mr. Fleming is a member of the firm’s Intellectual Property Litigation Team. With a strong background in mathematics and science, Mr. Fleming's practice has focused on complex and technology-oriented litigation, particularly cases involving patents, antitrust implications and other forms of intellectual property. Mr. Fleming's undergraduate degree, however, is in economics, which brings even greater diversity to the firm. Kyle was an economic researcher for the Federal Reserve Bank of Cleveland where he designed econometric models and research projects, and his analysis was used by Federal Reserve policymakers and was frequently published. He brings this in depth understanding of economic models to litigation to fashion damage theories and to present them in a way that is easily understood and compelling to a jury.
Mr. Fleming has spoken before numerous groups and organizations on patent litigation, technology, antitrust issues and economic modeling. Mr. Fleming has worked with clients and counsel throughout the world, including Japan, South Korea, Canada, Germany, United Kingdom, France, Switzerland, Sweden, Brazil and Mexico. He also has counseled clients on antitrust issues around the world.
Some of Mr. Fleming's recent cases include: Surgical Navigation Technologies, et al. v. BrainLAB, Inc., et al., United States District Court for the District of Colorado. Dillon et al. v. Royal Group Technologies Ltd., et al., United States District Court for the Northern District of Ohio. Brown Gibbons v. Candlewood Partners, Cuyahoga Common Pleas Court. Schreiber Foods, Inc. v. Galaxy Nutritional Foods, United States District Court for the Eastern District of Wisconsin. In addition, Mr. Fleming successfully tried several high profile actions, including a case tried to the Ohio Supreme Court on behalf of a major newspaper against a state court judge in a challenge to the unconstitutional closing of the courtroom and sealing of documents during the Sam Sheppard wrongful imprisonment case. In a related case, Mr. Fleming successfully defended Jim Neff, a reporter writing a book on the Sheppard case, against prosecutor’s attempts to obtain his research notes (The Wrong Man, Jim Neff. Random House 2002).
Mr. Fleming also has significant appellate experience, including: TAP Pharmaceutical Products, Inc. et al v. Owl Pharmaceuticals, LLC, United States Court of Appeals for the Federal Circuit.
Paradise Creations v. U V Sales, 315 F.3d 1304 (Fed App. 2003). Binsack v. Hipp, et al., No. H-97-029, 1998 WL 334223 (Ohio Ct. App. June 5, 1998). IPD v. Bizmart, Inc. d/b/a OfficeMax, 95 Ohio St. 3d 452
(2002).
Partner
Education
J.D., George Washington University, Cum Laude, 1993
B.A., Economics, Northwestern University, Honors, 1988
Bar Admissions
California, 1993
Ohio, 1995
New York, 2001
Various Federal Courts
Memberships
Cleveland Intellectual Property Law Association
San Francisco Intellectual Property Law Association
Intellectual Property Sections of the California and American Bar Associations