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James K. Cleland

Practice Summary

Mr. Cleland has represented large multinational corporations, as well as small corporations and individual clients in a variety of patent, trademark, copyright, unfair competition and trade secret settings. He specializes in patent, trademark, copyright, trade secret and unfair competition litigation in a broad range of technologies including the chemical, materials science, mechanical and medical device arts, as well as in client counseling, opinion and licensing work in those same areas.

Mr. Cleland's litigation experience includes trials, preliminary injunction hearings, Markman hearings summary judgment proceedings and all aspects of fact and expert witness discovery, spanning federal courts across the county. His patent prosecution experience includes preparation of patent applications in the United States and foreign countries.

Honors/Distinctions
  • Michigan Super Lawyers, Rising Stars 2008-2011
Representative Matters
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  • Quixtar v. Woodward, et al., No. 09-12946 (E.D. Mich. 2008-present). Representing Quixtar in an arbitration involving claims of trade secret misappropriation, breach of contract and tortious interference. Obtained award of over $25 million for Quixtar after a 16-day trial.
  • Polar Molecular Corp. v. Amway, et al., No. 07-0460 (W.D. Mich. 2007-2009). In a case involving allegations by Polar Molecular Corporation (“PMC”) of Lanham Act violations, breach of contract, trade secret misappropriation, conversion, and civil conspiracy against our client Alticor, Inc. and some of its affiliates relating to the sale of fuel additives, the U.S. District Court for the Western District of Michigan dismissed conversion count, common law trade secret misappropriation count, portions of the breach of contract count and portions the Lanham Act count. After discovery and subsequent briefing, the Court granted Alticor’s motion for summary judgment on the remaining claims, including trade secret misappropriation and breach of contract based upon disclosure of confidential information.
  • Eaton Corporation v. ZF Friedrichshafen A.G. and ArvinMeritor, Inc., No. 03-74844 (E.D. Mich. 2005-2008). Represented Defendants ZF Friedrichshafen and ArvinMeritor in a patent infringement action involving heavy-duty truck transmission technology. Obtained jury verdict dismissing all claims against clients, including determinations non-infringement and invalidity of the patents-in-suit.  
  • Karmann GmbH v. Dura Convertible Systems, Inc., No. 05-55927 (Bankr. E.D. Mich. 2006-2007) Defended Dura in a bankruptcy court adversary proceeding involving patent infringement claims relating to convertible tops for automobiles. Obtained settlement advantageous to Dura just prior to trial after successfully procuring an aggressive four month filing to trial "rocket docket."
  • Maclean Vehicle Systems v. HTG, et al., No. 05-73512 (E.D. Mich. 2005-2007). Negotiated successful settlement for plaintiff MVS on the eve of trial in a patent infringement case involving capped wheel nuts for automobile wheels.
  • Alticor Inc. v. Tristrata Technology, Inc., et al., No. 05-763 (W.D. Mich. 2005). Secured a favorable settlement on behalf of Alticor quickly after filing a complaint for declaratory judgment.
  • Tenneco Automotive v. Visteon Corp., No. 03-1030 (D. Del. 2003-2005). Represented Visteon in a two-week patent infringement jury trial in August of 2005 involving catalytic converter technology. Obtained favorable settlement during jury deliberations.
  • Atofina v. Great Lakes Chemical Corp., No. 02-1250 SLR (D. Del. 2002-2004). Successfully defended Great Lakes in a two-week bench trial on patent infringement involving fluorochemistry and catalyst chemistry, securing ruling of a seldom-achieved trifecta of non-infringement, invalidity and inequitable conduct.
  • Aesculap v. Lorenz Surgical (C.D. Cal. 2002). Defended Lorenz Surgical in a patent infringement action involving cranial clamp manufactured by biomedical company subsidiaries of Biomet and B. Braun for brain surgery applications. Obtained favorable settlement after Markman hearing and expert reports.
  • TruCook, Inc. v. The Helman Group, et al., No. 00-C-4865 (N.D. Ill. 2000-2002). Represented plaintiff in a design patent and trade dress infringement case relating to temperature-sensing barbeque forks, including a rare Markman hearing on design patent claim interpretation. Case settled favorably.
  • TruCook, Inc. v. Big Lots, et. al. (N.D. Ill. 2000). Aggressively pursued preliminary injunction as counsel for plaintiff in trade dress, copyright and design patent infringement and unfair competition case relating to temperature sensing barbeque forks. Case settled shortly after filing for preliminary injunction.
  • Megadyne v. Triad, No. 00-0548K (D. Utah 2000-2001). Represented Triad in a patent infringement case relating to electrocautery medical device used during surgery. Case settled after a two-day preliminary injunction hearing involving a Markman hearing and expert testimony.
  • Goebel v. Cobbs Manufacturing Co., No. 97-N-2023 (D. Colo. 1996-1997). Successfully represented defendant Cobbs in a copyright infringement lawsuit involving copyrighted product packaging. After a favorable ruling following a bench trial, the case settled.
Presentations
  • "When Can Your Business Sue or be Sued by a Competitor Under Intellectual Property Laws," Ann Arbor Spark, July 27, 2007
  • "How IP Litigation Can Work For Your Business," Ann Arbor IT Zone, May 18, 2007
Memberships & Affiliations
  • Licensing Executives Society
  • American Bar Association
  • Federal Bar Association
  • American and Michigan Intellectual Property Law Associations
  • Washtenaw County Bar Association
Civic Activities
  • Juvenile Diabetes Research Foundation, 2001-Present
  • Youth Sports Coach, 2005-Present
  • American Cancer Society, 1998-2002
Legal Experience
  • Brinks Hofer Gilson & Lione, Ann Arbor, Michigan
    Shareholder, 2008-Present
    Associate, 2004-2007
  • Greenberg Traurig/Law Offices of Dick & Harris, Chicago, Illinois
    May 1997-October 2004