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James D. Curphey

Columbus
p +1 614.227.2047
f +1 614.227.2100
  • 41 South High Street
    Suite 2900
    Columbus, OH 43215

Contact Information

Jim regularly represents companies regarding patents, trademarks and trade dress, copyrights, trade secrets, restrictive covenants, and unfair competition in state and federal courts in proceedings in the United States and abroad.

Jim has over 30 years of experience in business litigation handling matters involving corporate dissolution, antitrust, e-discovery, mergers and acquisitions, breach of fiduciary duty and corporate governance. In recent years, Jim has handled a number of post-acquisition disputes arising from stock or asset transactions in controversies over earn-out provisions, material adverse condition clauses, and purchase price adjustments.

Jim is a Fellow in the American College of Trial Lawyers. He currently chairs the firm’s Litigation Department and is past president of the Columbus Chapter of the Federal Bar Association. He was named by Best Lawyers® "Lawyer of the Year" 2013 in Columbus, Ohio in the Litigation - Mergers & Acquisitions Law category and was recently named “Lawyer of the Year” 2015 Columbus, Ohio in Litigation – Intellectual Property. He is listed in The Best Lawyers in America® for Commercial Litigation, Intellectual Property Litigation, Mergers and Acquisitions Litigation, and Patent Litigation. Additionally, Jim has been recognized by Ohio Super Lawyers® for Business Litigation since 2006.

Jim is a trained arbitrator with the American Arbitration Association, serving on its Commercial Arbitration panel. He frequently lectures and teaches on topics of current interest in the field of trial practice, including trial evidence and expert witness procedures.

Representative Matters:

Business

  • Tried and won multi-million dollar jury verdict in federal court in the enforcement of contractual rights under an asset purchase agreement involving oil and gas interests.
  • Tried and won defense jury verdict in federal court in commercial contract dispute involving termination of national distributor of orthopedic medical devices.
  • Won multi-million dollar arbitration award in post-acquisition dispute against Fortune 500 pharmacy services company.
  • Represented closely held corporation in contested dissolution proceedings in successfully overcoming shareholder deadlock.
  • Represented heat-exchange component manufacturer in a Federal Trade Commission investigation and additional related federal court litigation regarding divestiture of assets.
  • Obtained favorable arbitration award in factually complex reverse logistics services contract dispute.

Intellectual Property

  • Tried and won complete defense award in an arbitration before the International Chamber of Commerce involving trade secret misappropriation and breach of licensing agreement claims stemming from the design and development of biotechnology for allergy testing.
  • Successfully defended software company in a trade secret case involving source code forensics and allegation of spoliation of electronic evidence.
  • Successfully defended automotive supplier in patent infringement case involving technology in motion and weight sensor systems in car seats.
  • Successfully enforced trademark rights on behalf of national brand against direct competitor.
  • Successfully defended a patent infringement action against a sporting goods manufacturer involving competition basketball design and construction.
  • Represented leading domestic manufacturer of flat glass panels for television picture tubes in patent infringement case involving claimed inventions for the balancing of high-level compressive stress across the geometry of the panel.
  • Enforced patent rights arising from glass particle-size analyzer in state bid contract dispute.
  • Successfully defended claim of patent infringement in industry-wide litigation involving springs imbedded in mid-soles of active wear shoes and boots.
  • Successfully defended copyright infringement claims in multi-forum litigation arising from custom software for computer database management and distribution for state-wide law enforcement network.
  • Successfully defended claims of trademark and trade dress infringement in connection with national expansion of upscale seafood restaurant group. 
     
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