Biography
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.
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J.D., George Washington University, 1993
B.A., Economics, Northwestern University, 1988
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Ohio | California | New York | U.S. Courts of Appeal for the Second, Sixth, Ninth, Eleventh and Federal Circuits | U.S. District Courts in California (Northern, Central and Southern), New York (Southern and Eastern), Ohio (Northern and Southern) and Illinois (Northern and Central)
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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
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San Francisco Intellectual Property Law Association
Cleveland Intellectual Property Law Association
International Trade Commission Trial Lawyers Association
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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
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Appellate
Kamstrup A/S v. Axioma Metering UAB (Fed. Cir. 2021-1923)
Ruiz Food Products Inc. v. MacroPoint LLC (Fed. Cir. 2019-2113)
Dodocase VR, Inc. v. MerchSource, LLC, 767 F. App’x 930 (Fed. Cir. 2019)
Apator Miitors ApS v. Kampstrup A/S, 887 F.3d 1293 (Fed. Cir. 2018)
Eastcott v Hasselblad USA, Inc., 564 Fed.Appx. 590 (Fed. Cir. 2014)
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., 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
Saraceni v. MerchSource, LLC et al., Pennsylvania, Eastern District – Lanham Act; breach of contract
Camelot SI LLC v. ThreeSixty Brand Group, LLC, et al., New York, Southern District – Breach of contract; Lahnam Act
Hyper Ice, Inc. v. MerchSource, LLC, California, Central District – Patent Infringement
FKA Distributing Co, LLC v. MerchSource, LLC, California, Central District – Patent Infringement
Southern Telecom Inc. v. ThreeSixty Brands Group, LLC, New York, Southern District – Breach of contract; trademark infringement
Ranpak Corp. v. Sealed Air Corporation, Illinois, Northern District – Patent infringement
Kamstrup A/S v. Axiøma Metering UAB, Colorado – Patent infringement
Arason Enterprises, Inc. v. CabinetBed Inc., Colorado – Patent infringement
ASM Assembly Systems Weymouth, Inc. v. Stentech, Inc. et al., New Hampshire – Patent infringement
The NOCO Co., v. Smartech Products, Inc., Ohio, Northern District – Trademark and trade dress infringement; patent infringement
Timekeeping Systems, Inc. v. PatrolLive Int’l, Inc. et al., Ohio, Northern District – Patent infringement
DODOcase VR, Inc. v MerchSource LLC dba Sharper Image, California, Northern District – Patent infringement; breach of license
Romeo’s Pizza Franchise, LLC v. Romeo’s Pizza LLC, South Carolina – Trademark infringement
Northern Technologies Int’l Corp. v. Rust-X USA, California, Northern District – Trademark infringement
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
Patent and Trademark Office
Sealed Air Corp. v. Ranpak Corp., IPR2020-01249
Axiøma Metering UAB v. Kamstrup A/S, IPR2019-01640
Triple Plus Ltd. v. Mordechai Ben Old, PGR2018-00038
MerchSource, LLC v. DDC Technology, LLC, PGR 2018-00019, PGR2018-00020, and IPR2018-00494
Ruiz Food Products, Inc. v. MacroPoint, LLC, IPR2017-02016 and IPR2017-02018