IP Litigation and Enforcement

Your intellectual property (IP) rights are extremely valuable assets that may from time to time be intentionally or unintentionally exploited by others without your authorization. If and when that time comes, or if you find yourself on the receiving end of infringement allegations, you will need the guidance of an experienced Albany intellectual property litigator.

With the Lee Palmateer Law Office, you will have counsel from an attorney with nearly 20 years of experience enforcing and defending his clients’ legal rights, including 12 years exclusively in the intellectual property arena. Lee knows through experience how to bring matters to a successful resolution for his clients without litigation. And should you choose litigation, or should litigation become necessary, Lee has a track record of success in state and federal courts.

Lee has the technical and legal background to understand the complex technology and legal matters encountered in patent litigation, and to communicate effectively with engineers, scientists and expert witnesses. But when it comes to advocating your case, he knows how to persuasively communicate to a jury or judge who may have no particular technical background. Lee is trained in Trial Skills and Deposition Skills by the National Institute for Trial Advocacy.

Local Counsel; IP Co-counsel

For out of state attorneys seeking local counsel and local attorneys seeking intellectual property counsel on their litigation team, we look forward to bringing our know-how and experience to you and your client’s case. We pride ourselves on effective and efficient teamwork, and exceeding your expectations. We have served as local counsel for firms across the country, including the below cases, and have worked with local counsel ourselves on our out-of-state cases:

Acacia Communications, Inc. v. The Research Foundation for the State University of New York et al, Federal District Court for the Northern District of New York (1:16-cv-01506) – trade secret misappropriation
ITS Innovations LLC v. Plano Synergy Holdings, Incorporated et al, Federal District Court for the Northern District of New York (1:15-cv-00625) – defense of alleged infringement of turkey decoy patent
Stubby Strip, LLC v. Food Market Merchandising, Inc. et al, Federal District Court for the Northern District of New York (5:15-cv-01410) – obtained dismissal of copyright and unfair competition claims
Martlin Distributing, LLC v. Shepherd Materials Management LLC, Court of Common Pleas, Butler County, PA (15-10633) – intellectual property litigation consultant in defense of trade secret misappropriation allegations
Adirondack Cookie Company Inc. v. Monaco Baking Company, Federal District Court for the Northern District of New York (5:11-cv-01048) – obtained dismissal of patent infringement declaratory judgment action

Selected examples of Lee’s litigation experience include

Patent Litigation

Ebeling Associates, Inc. v. Shipping and Transit, LLC, Federal District Court for the Northern District of New York (1:17-cv-00066) – defense of alleged infringement of communications technology patent
ITS Innovations LLC v. Plano Synergy Holdings, Incoprorated et al, Federal District Court for the Northern District of New York (1:15-cv-00625) – defense of alleged infringement of turkey decoy patent
Adirondack Cookie Company Inc. v. Monaco Baking Company, Federal District Court for the Northern District of New York (5:11-cv-01048) – obtained dismissal of patent infringement declaratory judgment action
Schonbek Worldwide Lighting Inc. v. Elegant Furniture & Lighting, Inc., Federal District Court for the Northern District of New York (10-CV-1551) – defense of alleged infringement of design patent for chandeliers and lighting fixtures
Newriver, Inc., v. Newkirk Products, Inc., Federal District Court for the District of Massachusetts (1:2006cv12146) – won jury verdict of non-infringement of patented computer-based method of data extraction and document generation
Harvest Technologies v. Cytomedix, Inc., Federal District Court for the District of Massachusetts (1:2002cv12077) – settled regarding patent covering concentration of blood platelets for chronic wound treatment
Protein Bar Technologies, LLC v. Standard Candy Company, Inc., Federal District Court for the Middle District of Florida (8:2006cv01836) – obtained royalties from infringer of high-protein/low-carb food bar patent
Protein Bar Technologies, LLC v. Next Proteins, Inc., Federal District Court for the Middle District of Florida (8:2007cv00464)
Mine Safety Appliances Company v. DiamondbackTactical, LLLP, Federal District Court for the Northern District of New York (1:07-mc-00023) – quashed subpoena on patent and trial counsel
ATI Industrial Automation, Inc. V. Applied Robotics, Inc., Federal District Court for the Middle District of North Carolina (1:2009cv00471) – defense of alleged infringement of patent for Tool Side Robotic Safety Interlock

Trademark and Unfair Competition Litigation

Bright Side Structures, LLC v. Amazon.com, Inc, et al, Federal District Court for the Northern District of New York (1:16-cv-01169 ) – trademark infringement
HU Holdings, LLC v. Sweet Eats, LLC et al, Federal District Court for the Southern District of New York (1:15-cv-09201) – defense of alleged trademark infringement
Morgan & Morgan, P.A. v. Taylor et al, Federal District Court for the Northern District of New York (1:13-cv-01166) – defense of alleged trademark infringement
The Counties of Ireland, L.L.C. v. Irish Music Corporation, Federal District Court for the Northern District of New York (1:2004cv00339)
The Fusco Group Inc. et al v. Loss Consultants International, Ltd., Federal District Court for the Northern District of New York (1:2005cv01208) – obtained dismissal of trademark infringement claims
Shock Coffee, LLC v. Advanced Nutrient Science, LLC, Federal District Court for the Southern District of New York (1:2006cv02377)
Uncommon Grounds Coffee and Tea, Inc. v. Uncommon Ground, Inc., U.S. Patent and Trademark Office, Trademark Trial and Appeal Board (Concurrent Use Proceeding No. 94002021)
Hamzik v. Zale Corporation/Delaware, Inc., Federal District Court for the Northern District of New York (3:06-CV-1300) – defend allegations of trademark infringement and unfair competition.

Copyright Litigation

Stubby Strip, LLC v. Food Market Merchandising, Inc. et al, Federal District Court for the Northern District of New York (5:15-cv-01410) – obtained dismissal of copyright and unfair competition claims
Zalewski et al v. T.P. Builders, Inc. et al, Federal District Court for the Northern District of New York (1:10-cv-00876) – copyright infringement of architectural drawings
Zalewski et al v. Cicero Builder Dev., Inc. et al, Federal District Court for the Northern District of New York (1:11-cv-01156) – copyright infringement of architectural drawings
Zalewski et al v. Shelroc Homes, LLC et al, Federal District Court for the Northern District of New York (1:11-cv-01159) – copyright infringement of architectural drawings
Broadcast Music, Inc, et al v. Krissy, Inc., Federal District Court for the Northern District of New York (1:2001cv01073)
Precisionflow Tech v. CVD Equipment Corp, Federal District Court for the Northern District of New York (1:1999cv01536)
Gabriel, et al v. Stratton, Federal District Court for the Northern District of New York (1:2001cv01541)
Excelsior College v. Frye, Federal District Court for the Northern District of New York (1:03-CV-219) –infringement of university’s copyright for test questions

Trade Secret Litigation

Acacia Communications, Inc. v. The Research Foundation for the State University of New York et al, Federal District Court for the Northern District of New York (1:16-cv-01506) – trade secret misappropriation
Martlin Distributing, LLC v. Shepherd Materials Management LLC, Court of Common Pleas, Butler County, PA (15-10633) – intellectual property litigation consultant in defense of trade secret misappropriation allegations
GTM Payroll Services Inc. v. Nathaniel Green, New York State Supreme Court, Albany County (A00286/2014) – breach of employee covenant not to compete
CG Power Solutions USA Inc. v. Kudlay, New York State Supreme Court, Albany County (A00038/2014) – defense of trade secret misappropriation allegations
CG Power Solutions USA Inc. v. Stan, New York State Supreme Court, Albany County (A00039/2014) – defense of trade secret misappropriation allegations
Ceramtec North America v. Gallagher, New York State Supreme Court, Albany County (4099-04) – defense of trade secret misappropriation allegations, vacated order of seizure of client’s computer

Trademark Trials and Appeals Board Cases

Fitzgerald v. Wayne, TTAB (92063488)
Puravida Culinary Group, LLC v. IllyCaffe S.p.A, TTAB (91219695)
Les Mills International Limited v. Fitzgerald, TTAB (85652441)
Cider Belly Doughnuts, LLC v. My Plan B, LLC, TTAB (91216841)
Windsor Holding Company v. Holbrook Lumber Co., Inc., TTAB (77000316)
Morris v. Santa Fe Natural Tobacco Company, Inc., TTAB (91172449)
Spong v. Universal Blue CV, TTAB (76462589)
Uncommon Grounds Coffee and Tea, Inc. v. Uncommon Ground, Inc., TTAB (91102424)

Call the Lee Palmateer Law Office at 518-591-4636 for more information on how our Albany litigation attorney can help you procure, protect your intellectual property rights.