Sample Litigation

Attorney John Karl Buche

• Ultraflo v. Pelican, et.al., in the United States Supreme Court, lead counsel for Respondent, successfully argued for and obtained denial of petition for writ of certiorari concerning appeal of 5th Circuit ruling affirming trial verdict (Southern District of Texas) on copyright and trade secret case (2017).
• Tacori v. S. Kashi, (Central Dist. of California)(2020), lead counsel for defendant in case alleging copyright, trademark, and unfair competition pertaining to jewelry designs. Successfully resolved.
• Wheel Pros, LLC v. Performance Tire, Lonestar Wheels, et.al., (Southern Dist. of Texas)(2018), lead counsel, represented defendant in trade dress, copyright, and trademark infringement lawsuit involving vehicle wheels. Successfully resolved.
• Deal Point v. Standard Process, (Southern Dist. of California)(2020), lead counsel for plaintiff in declaratory judgment action concerning alleged trademark infringement for online vitamin sales through an Amazon® storefront. Successfully resolved.
• Ziel v. Purogen, LLC, (Northern Dist. of California)(2019), lead counsel for defendants in case alleging false advertising, defamation, unfair competition, business interference. Successfully resolved.
• Greenbroz, Inc. v. Trimbros, (Southern Dist. of California)(2018), lead counsel for plaintiff in case of design patent, trademark infringement, palming off, unfair competition in cannabis processing industry. Obtained judgment. Successfully resolved.
• Lifestyles Unlimited v. John Doe, (Southern Dist. of Texas)(2019), lead counsel, represented defendant on copyright infringement relating to educational materials. Successfully resolved.
• Jefferson Street IP, LLC v. Seidio, Inc., (Southern Dist. of Texas), lead counsel, represented defendant cell phone case manufacturer in patent infringement matter against nonpracticing entity (2019). Successfully resolved.
• Arredondo v. JAG CLAMP, LLC, (Southern Dist. of California), lead counsel, represented plaintiff on design patent infringement case involving clamps used in construction industry (2019). Successfully resolved.
• Jasco v. PRIME, et.al., (Western Dist. of North Carolina), lead counsel in federal court and in Patent Trial and Appeal Board (“PTAB”) for inter partes review, represented defendants and manufacturer of electronic timers in case of alleged patent infringement (2018). Successfully resolved.
• Patent Holder, LLC v. John Doe, et.al. (Southern District, San Diego), as lead counsel for defendant in patent lawsuit against firearms part manufacturer on parts to fit Glock®, had lawsuit filed in Florida transferred to Southern California where it was settled confidentially and dismissed (2018).
• Lead counsel for Defendant, MGO, LLC v. MBI, in two federal court (S.D. California), and two Patent Trial & Appeal Board (“PTAB”) proceedings concerning surfing related patents. Confidential settlement after successful ex parte reexamination of asserted patent.
• Lead counsel for Plaintiff, DOE PLTF. v. DOE DEF., et al., successful confidential resolution after Markman proceedings (N.D. Alabama) on case involving patents for wireless lighting control.
• Lead counsel, obtained successful resolution of matter involving laser decorative technologies after initiating Post Grant Review (“PGR”) to challenge prospective plaintiff’s threatened patents.
• Airwair Int’l Ltd. v. NPS Ltd., et.al. (Northern District, San Jose), lead counsel for British defendant shoe manufacturer concerning trademarks for Airwair® and Dr. Martens® footwear. Successfully resolved confidentially and dismissed (2015).
• Merino v. Igloo, et. al. (Southern District, San Diego), lead counsel for patent plaintiff in consumer products case. Confidentially resolved (2017).
• Lead counsel for plaintiff in Jiro Okabe v. Richard Reinhard a/k/a Richie Ramone, in action concerning copyright, music royalties and sound recordings. Successful confidential resolution (Los Angeles).
• Lead counsel for plaintiff in Davis v. Anonymous Bank, represented NFL player in CA litigation and in arbitration against a financial advisor for negligence and reckless investment advice. Successful confidential resolution.
• Lead counsel for defendant/counter-claimant in patent infringement suit, Matson, Inc. v. Cowboy, et.al, (Northern District of Texas, Dallas). Successfully resolved.
• In Re: Ultraflo v. Pelican, et.al., lead counsel for appellee and argued successfully to affirm defense trial verdict from Southern Dist. of Texas jury trial, finding no trade secret theft or copyright infringement. (5th Cir. Court of Appeals, New Orleans).
• Lead counsel for defendant/counter-claimant, in Team Makena v. John Doe (Orange County, CA). Successfully resolved and secured dismissals of plaintiff’s case for alleged interference with business and unfair competition.
• Lead counsel for defendant/counter-claimant in Zoe Marketing v. John Doe, et.al., (Southern District of California, San Diego). Trademark and branding dispute for clothing, resolved.
• National Rent-a-Fence Company v. National Construction Rentals, Inc., lead counsel for plaintiff in dispute involving trademark rights for fencing companies in Texas and California. Successful resolution (Austin, Texas).
• Ultraflo v. Pelican, et.al., lead trial counsel for defendants, after a 2 1/2 week jury trial, secured a verdict for defendants, finding no trade secret theft or copyright infringement. At trial, Plaintiff sought $2.3 million in actual damages and requested as much as $46 million in punitive damages (20x). Jury awarded no damages against defendants. (Southern District of Texas, AustinDivision 2014).
• Specialty Produce v. Greenscans, Inc., successfully shut down offending use of Plaintiff’s marketing materials in phone apps in case alleging misuse of electronic information under the Computer Fraud and Abuse Act, as well as copyright infringement and interference with business relationships. (Southern District of California, San Diego 2013).
• Lead counsel for plaintiff, Engelbrecht v. Chrysler, et.al., wrongful death airbag case. Successful confidential resolution (Brazoria County, Texas).
• Attorney-in-charge for plaintiff in design patent infringement case involving smartphone cases. Seidio v. Boxwave (Southern Dist. CA). Successfully resolved.
• Attorney-in-charge representing semiconductor manufacturers in Opto Diode Corporation v. Advanced Photonix, Inc., Infratech, Inc., Central District of California, defending patent infringement allegations. Settlement with zero damages paid by plaintiffs, obtained a royalty free license
• Attorney-in-charge representing plaintiff to shut down misuse of trademark, Beyond Dental v. Fully Loaded, et.al., Middle Dist. of Florida
• Attorney-in-charge representing defendant against allegations of trademark infringement for mobile phone accessories (Western Dist. Washington). Boxwave Corporation v. Seidio, Inc. Successfully resolved.
• Co-Lead counsel for plaintiff in Fernandez v. Howl USA, Inc., et.al., represented plaintiff for injuries received when stabbed by another patron in a night club. Successful confidential settlement (Austin).
• Attorney-in-charge representing defendant alleged to willfully infringe copyrights using BitTorrent download of adult films, Patrick Collins, Inc. v. John Does 1-50, Southern District of California, San Diego. Successfully resolved for Defendant.
• Attorney-in-charge representing defendant accused of design patent infringement for sunglasses. Oakley v. Global, et.al., Southern District of California. Settled confidentially.
• Attorney-in-charge of representing defendants against allegations of patent infringement with mobile phone cases Treefrog v. Seidio. (Southern Dist. CA). Successfully resolved.
• Attorney-in-charge for restaurant defendant: following cross-examination of multiple witnesses, defeated an application for preliminary injunction for use of a personal name as trademark, Boada v. JWS Trading Co., Southern District of Texas (Austin Division)
• Attorney-in-charge for plaintiff in trademark dispute, Utah Land & Law d/b/a Freedom Legal v. Freedom Legal Plans, L.L.C. , et al., Southern District of California (San Diego), stopped infringing use of a trademark, removed offending domain name, recovered money damages in settlement.
• Attorney-in-charge of defendant, counterclaimant in trademark dispute. German American Chamber of Commerce New York v. German American Chamber of Commerce California et.al., Southern District of California (San Diego).
• Attorney-in-charge for defendant accused of patent infringement in medical device litigation, secured confidential settlements, Nova Ranger, Inc. v. Patterson Dental Supply, Inc., et.al., Southern District of California (San Diego).
• Local counsel and trial consultant, ESP v. Essential Sound Products, Inc., Central District of California (Los Angeles Division). Obtained settlement for Plaintiff on first day of trial for a famous guitar company.
• Attorney-in-charge, Engelbrecht v. Chrysler Corporation, represented plaintiffs in airbag defect and wrongful death case, Brazoria County, Texas.
• Attorney-in-charge for counterclaimant in the real estate business on a name dispute, Rodeo Realty, Inc. v. Rodeo Realtors, et.al., Central District of California (Los Angeles).
• Patent litigation counsel of the plaintiff in Peavey Electronics v. Behringer Intl, et al., U.S. District Court of New Jersey (Newark), concerning feedback detection and amplifier circuits
• Attorney-in-charge for defendant in method patent litigation on medical device involving vein surgery, Tyco Healthcare Group, L.P. v. TVS, LLC, et.al., Northern District of California (San Francisco). Following a 2 month trial to the jury, examination of dozens of witnesses, and handling post-trial motions, obtained a confidential settlement.
• Attorney-in-charge for defendant, secured dismissal of an Arizona defendant based on lack of minimum contacts, Hallmark Hardwoods, Inc. v. Southwest Hardwood Distribs, Inc., et.al., Central District of California (Los Angeles).
• Attorney-in-charge representing defendant, Jordache Enterprises v. Dittos, Southern District of New York, trademark infringement lawsuit in clothing industry, successful confidential settlement
• Attorney-in-charge of defendant, counterclaimant in trademark dispute. German American Chamber of Commerce New York v. German American Chamber of Commerce California et.al., Southern District of California (San Diego).
• Attorney-in-charge for Defendant, involving candle trade dress, SMI v. McCall’s, Western District of Virginia, secured agreed judgment and confidential settlement
• Trademark litigation counsel, Red Bull v. Tavern on Gray, Southern District of Texas, confidential settlement for defendant in energy beverage case
• Attorney-in-charge for plaintiffs with co-counsel, Damian LaCroix. Joshi v. Starbucks, Eastern District of California. Secured judgment against Starbucks for contract breach on commercial lease, recovered attorney fees.
• Attorney-in-charge, Adame v. CCA Global, et al., confidential settlement, represented plaintiff flooring industry name dispute, Southern District of California (San Diego)
• Attorney-in-charge for plaintiff, sought declaratory judgment to enforce name right relating to shoe products, obtained favorable settlement. C-Saw Enter, LLC d/b/a Spare Soles v. Funktional Enterprises, LLC, et al. Southern District of California (San Diego)
• Attorney-in-charge for plaintiff in declaratory judgment action involving a gaming patent, Brunn Consulting v. New Vision Gaming, et al., Southern District of California, secured confidential settlement
• Attorney-in-charge for plaintiff in contract breach action relating supply of goods, C2D, Inc. v. WD-40, Inc., Superior Court of San Diego County
• Attorney-in-charge for plaintiff in Pi Speakers v. Audio Asylum, copyright case relating to internet forums, successful confidential settlement, Southern District of California
• Attorney-in-charge for plaintiffs in Sanitech v. Steamtech, declaratory judgment lawsuit relating to trademarks for steam cleaning business, Southern District of California (San Diego), previously handled case for plaintiff in ICANN and won
• Attorney-in-charge for defendants, trademark infringement matter, Active Organics v. Natural Thoughts, cosmetic industry, Eastern District of Texas
• Attorney-in-charge for defendants on copyright and trade dress infringement case for decorative bells, Guardian v. Source, successful settlement, Southern District of California (San Diego)
• Attorney-in-charge for defendant, Guzik v. Harnsberger, obtained dismissal for Defendant on malicious prosecution, SLAPP statutes, San Diego Superior Court
• Attorney-in-charge for Plaintiff, SAGE, Inc. v. TaxSmart, Inc., et. al., trademark infringement matter involving tax planners, Southern District of California (San Diego), successful settlement
• Attorney-in-charge for plaintiff, Sorkin v. Amsysco, Inc., patent infringement concerning post-tension apparatus, Southern District of Texas—Austin Division
• Attorney-in-charge defending attorney on malpractice and fiduciary breach allegations of over $200 million, Surgical Innovations, L.P.; v. Global Orthopedics, Inc.,et.al., Harris County, Texas, settled favorably.
• Attorney-in-charge for defendants, Pi Electronics v. Shaw Software, Inc., et. al., Secured dismissal with zero damages paid on $250 million allegation of trade secret theft an tortious interference, Harris County District Court,Austin, Texas
• Attorney-in-charge for Plaintiff with co-counsel Damian LaCroix, Akal Investments v. Vaishnavi Enterprises, Inc., 190th Dist. Court, Harris County. Won jury verdict for $1,125,000 for fraud and breach of loan.
• Attorney-in-charge for Plaintiff, Dahl v. Music Industries Corp., U.S. Dist., Southern District—Austin Division. Trademark infringement and counterfeiting case for carts.
• Attorney-in-charge for Counter-plaintiff, 6250 Westpark, L.P. v. Chambers Enterprises, Inc. et.al., Harris County, Texas., won a jury verdict on breach of contract against ex-wife of Deion Sanders, won appeals through Texas Supreme Court. Poured out original plaintiff’s breach of contract claim at trial.
• Attorney-in-charge for counter-plaintiff on partnership dispute, settled for $225,000 against original plaintiff on first day of trial after taking expert on voir dire. Harold Adams v. Medical Anesthesia Associates, L.L.P., Harris County, Texas.
• Attorney-in-charge for counter-plaintiff on trade secret theft lawsuit, Platinum Solutions, L.L.C. v. Hiller, et. al., Harris County, Texas. Recovered a significant sum from the original plaintiff, an employment recruiter firm
• Attorney-in-charge representing defendant, counterclaimant, Programming Systems v. Markman Brothers Investments, Harris County, Texas—won jury verdict on counterclaim for fraud damages and attorney fees, and poured out original plaintiff claim for computer services fees
• Attorney-in-charge for plaintiff, obtained quick settlement after ex parte restraining order and sequestration of electronic files in case involving locating underground utilities. Lightspeed Locating v. Haviland, Harris County, Texas.
• Attorney-in-charge for Plaintiff on consumer fraud case against a sexually oriented business and exotic dancers who overcharged plaintiff, Woods v. AHD Austind/b/a Centerfolds, Harris County, Texas. Successful settlement.
• Second-chair on copyright infringement jury trial for yard dolls, Southern Dist. of Texas—Austin Division. Won jury verdict for plaintiff.
• On trial team for plaintiff in a trade secret theft matter, Pi Electronics v. United States Postal Service, United States Court of Federal Claims, settled for plaintiff
• Handled trademark infringement suit for plaintiff on dispute between truck driver leasing companies, Austin Pro Driver v. Pro Driver, Southern Dist. Texas—Austin Div., successful confidential settlement
• Second-chair on jury trial representing plaintiff in landlord-tenant dispute, Harris County District Court, Austin, Texas, winning jury verdict for plaintiff.
• Associate counsel on trial team for trademark infringement defendant in Rolex Watch US.A., Southern District of Texas, Austin Division.
• Represented a plaintiff on a bad faith claim against an insurance company to pay life insurance claim, and recovering full policy and $100,000, Harris County, Texas
• Represented a plaintiff on a Deceptive Trade Practices action against swimming pool contractors and obtained favorable settlements, Harris County, Texas
• Represented plaintiffs at AAA arbitration with defective flooring products
• Represented plaintiff in copyright infringement suit for custom software that was distributed widely without permission, Southern District of Texas—Austin Division. Settled favorable.
• Represented applicants at the Trademark Trial and Appeal Board on color as a trade dress applied to product packaging, secured allowance of trademark