Mark LeHocky, Esq.

• COPYRIGHT
  
  • Copyright and trademark infringement action by software developer against defendant reseller, based upon defendant’s sale of OEM, academic or educational versions of plaintiff’s software while allegedly misrepresenting those products as “full version” products.
  
  • Copyright infringement / breach of contract action by software developer alleging that defendant breached enterprise software license agreement, concealed alleged breach, and willfully infringed plaintiff’s copyrights.
• PATENT
  
  • Plaintiff – worldwide manufacturer and reseller of LED products – alleges that defendant online retailer sold products that infringe on multiple patents registered to plaintiff. Defendant retailer cross-claims against third party importer / reseller of accused products, alleging claims for implied and equitable indemnity.
  • Plaintiff non-practicing entity alleges that defendant willfully infringed two of plaintiff’s patents involving network communication devices; defendant denies infringement as well as actually practicing the invention as claimed.
  
  •Patent infringement action alleging defendant willfully infringed plaintiff’s patented technology to improve processing speed after defendant sought its own patents on allegedly similar technology, while defendant denies ever implementing the subject technology in its devices.
  
  • Patent infringement action alleging direct, indirect and induced infringement filed by technology provider against defendant manufacturer of software, cloud services, tablets, smartphones and gaming consoles, involving apparatus for live streaming of video.
  
  • Patent infringement against over twelve defendant retailers alleging that defendants’ e-commerce websites infringe plaintiff’s patent covering system to search terms via category descriptions.
  
  • Action alleging willful infringement of multiple patents involving audio / visual Internet-facilitated conferencing through SSL / TLS protocols.
  
  • Patent infringement action by manufacturer and university plaintiffs against nationwide online retailer alleging infringement of eight patents covering light emitting diode technology
  
  • Patent infringement action alleging that defendant manufacturer intentionally copied and infringed plaintiff’s patented design on fishing tackle equipment.
  
  • Patent infringement action and cross-action contesting the validity of multiple patents between competing manufacturers / retailers of high-end recreational sports equipment.
  
  • Patent infringement complaint alleging that multiple patents developed and owned by plaintiff were infringed by defendant – a worldwide developer / seller of consumer electronic products. Underlying patent claims involved mobile devices and innovations in the field of augmented reality.
  
  • Patent infringement action claiming direct, indirect and induced infringement, filed by technology and software company against defendant developer manufacturer of software, cloud services, tablets, smartphones and gaming consoles. Action involved method and apparatus for live streaming of video over the Internet.
  
  • Patent, trademark and copyright infringement action alleging that defendants had produced and sold counterfeit versions of plaintiff’s smartphone device products.
  
  • Patent and trademark infringement action alleging misappropriation and infringement of plaintiff’s intellectual property underlying performance motion capture technology.
  
  • Patent and trade dress infringement action alleging that defendants infringed plaintiff’s design patent and trade dress applicable to toy products sold internationally.
  
  • Multiple consolidated patent infringement actions by against various manufacturers or resellers of light emitting diode (LED) lightbulbs with epitaxial film grown on substrates, which allegedly infringe plaintiff’s patent.
• RIGHT OF PUBLICITY
  
  • Right of publicity and trademark infringement action by individual and corporation against worldwide developer of computer gaming equipment, alleging misappropriation and misuse of plaintiffs’ name in defendant’s video games.
• TRADEMARK
  
  • Plaintiff owner of registered trademark alleges willful infringement by defendant competitor over ten-year period; defendant denies infringement, claims trademark invalid and asserts laches and statute of limitations.
  
  • Trademark Trial and Appeal Board (TTAB) proceeding challenging application for trademark registration commenced by opposer entity – holder of various registered marks -- alleging that applicant’s proposed marks are confusingly similar and will damage opposer entity’s reputation and business.
  
  • Trademark infringement action by registered mark owner against defendant company, alleging that defendant continues to use confusingly similar mark following USPTO’s refusal to register defendant’s proposed trademark because of a likelihood of confusion with plaintiff’s registered mark.
  
  • Trademark and trade dress infringement, unfair competition, injunctive relief and damages action by designer / manufacturer of apparel products against plaintiff’s co-founder based upon defendant’s sales of allegedly infringing products.
  
  • Trademark infringement and unfair competition claims by environmental organization against celebrity musical performer and production company over defendants’ use of same name over multi-year period.
  
  • Trademark infringement, unfair competition injunctive relief and damages action by international auto manufacturer alleging illegal United States sales of grey market parts by defendant.
  
  • Trademark infringement action by owner / manufacturer of health-related food products against competing health food product manufacturer / distributor over allegedly confusingly similar marks.
  
  • Plaintiff – a worldwide luxury brand retailer – sued various Bay Area retailers alleging trademark infringement, counterfeiting and false designation of origin based upon defendant retailers’ sale of alleged “knock-off” products.
  
  • Declaratory relief action seeking non-infringement determination by Internet-based media company against advertising agency seeking to block use of allegedly confusingly similar name.
  
  • Plaintiff water dispensing company sued defendant – a distributor of ice to retailers – alleging trademark infringement, trademark dilution, unfair competition and deceptive trade practices. Defendant counterclaims for declaratory relief and for cancellation of plaintiff’s trademark
  registration.
  
  • Trademark infringement, unfair competition, false advertising and trademark dilution action by plaintiff / acquirer of specific trademarks and trade names against defendant, following defendant / competitor’s alleged effort to register plaintiff’s marks.
  
  • Trademark infringement and unfair competition claims by plaintiff benevolent association against alleged splinter-group association, alleging wrongful registration of similar marks and dilution of plaintiff’s marks.
  
  • Trademark infringement and breach of non-compete contract action against seller of specific trademarks, triggered by seller’s post-sale use of marks under Fair Use doctrine.
  
  • Trademark infringement, dilution, unfair competition, and false designation of origin action by plaintiff entrepreneur claiming ownership of multiple famous trademarks allegedly abandoned by defendant national retail chain.
• TRADE SECRETS
  
  • Plaintiff insurer sues former sales employee and competing insurance broker alleging former employee misappropriated and misused confidential pricing and customer information. Plaintiff claims federal and state law trade secret misappropriation, conversion, breach of fiduciary duty and unfair competition.
  
  • Unfair competition, fraud and theft of trade secrets action by staffing agency against competing staffing agency alleged to have misappropriated trade secrets, hired away key employees and interfered with plaintiffs’ contractual relationships.
  
  • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff’s employee to misappropriate trade secrets and otherwise damage plaintiff’s business to benefit defendant.

• ANTITRUST / UNFAIR COMPETITION
  
  • Unfair business practices action against company alleged to have misrepresented services provided to plaintiff through intermediary.
  
  • Unfair competition, fraud and theft of trade secrets action by staffing agency against competing staffing agency alleged to have misappropriated trade secrets, hired away key employees and interfered with plaintiffs’ contractual relationships.
  
  • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff’s employee to misappropriate trade secrets and otherwise damage plaintiff’s business to benefit defendant.
• BUSINESS / CONTRACTUAL
  
  • Breach of contract and False Claims Act action by regional governmental entity against technology provider, based upon alleged failure of provider to provide operable software needed to ensure entity’s compliance with California Health & Safety Code requirements.
  
  • Breach of contract, fraud and conversion claims by plaintiff journal editor alleging that defendant publisher concealed and failed to pay royalties for decades, and also claiming that plaintiff and defendants were joint venturers in development of journal, entitling plaintiff to disgorgement of defendant’s profits.
  
  • Breach of contract, interference with prospective advantage and statutory unfair competition action by technology service provider against customer alleged to have poached key project leader in violation of non-solicitation agreement.
  
  • Breach of contract and equitable indemnity claim by government entity against technology service provider alleging that provider failed to provide insurance coverage and defense, arising from third party patent and copyright infringement action against government entity.
  
  • Partnership dissolution dispute following death of business co-founder, alleging accounting irregularities, misuse of partnership assets, and failure to timely dissolve or properly value business.
  
  • Breach of contract and misrepresentation claims arising out of agreement between technology service and crowd-sourcing provider and customer involving alleged failure to perform and cross-claims for payment.
  
  • Breach of contract, fraud and fraudulent concealment claims by regional hospital against national service provider
  
  • Breach of professional services agreement claims combined with cross-claims for malpractice between accountant and former client
  
  • Breach of contract claims against Bay Area school district by private educational organization alleging non-performance and related business torts; cross-claims also alleged contractual breaches, allegedly excusing defendant’s non-performance.
  
  • Interpleader action involving three party dispute over ownership of unique and historically significant property stolen decades ago and subsequently obtained and claimed by adverse party.
  
  • Breach of contract action by US Small Business Administration against foreign and domestic partnership over failure to make capital contributions and alleged justifications for not doing so. Mediation conducted in person and via Skype with multiple international parties in three different countries.
  
  • Breach of contract action by manufacturer of wind turbine generator against purchaser for alleged failure to perform, with cross-action alleging failure of defendant to deliver turbine meeting disputed performance standards.
  
  • Breach of contract action by CFO of public employee union alleging executive terminated without cause in violation of employment agreement.
• CONSUMER CLASS ACTION
  
  • Unfair business practices statutory claims, data privacy and breach of contract claims asserted on behalf of purported class of consumers and owners of digital devices utilizing defendant’s operating system and related applications.
  
  • Data privacy and unfair business practices claims asserted on behalf of purported class of consumer / customers of defendant international clothing chain, alleging breaches stemming from data breach and disclosure of customer information.
• FRAUD / MISREPRESENTATION
  
  • Federal False Claims Act, fraud and breach of contract claims against biotech start-up company, alleging that company misled government and private investors as to the development of the underlying technology and use of funding resources.
  
  • Fraud and misrepresentation, breach of contract and defamation by seller of patented renewable energy technology against purchaser, alleging that seller acquired seller’s assets in order to suppress seller’s technology in favor of competing technology.
  
  • Plaintiff editor asserts fraud, joint venture and breach of contract claims against publisher, alleging publisher failed to pay royalty income and concealed underpayments for decades.
  
  • Federal False Claims Act action against regional hospital and medical testing company allegedly charging for unneeded medical tests.
  
  • Fraud and misrepresentation action filed by founder of social media start-up against defendants who allegedly contracted to purchase plaintiff’s shares in start-up then reneged on such contract, triggering multi-million dollar loss for plaintiff.
  
  • Fraudulent transfer / successor liability action by international medical products supplier alleging fraudulent transfer of business assets to third party acquirer.
• INTENTIONAL INTERFERENCE
  
  • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff’s employee to misappropriate trade secrets and otherwise damage plaintiff’s business to benefit defendant.
  
  • Intentional interference, breach of contract, non-compete and trade secrecy agreement action by manufacturer against former employee who left plaintiff to work for competitor

• INSURANCE COVERAGE
  
  • Multi-party property damage, insurance subrogation, indemnification cross-actions stemming from fire destroying multiple buildings and businesses in California, resulting in a seven figure settlement.
  
  • Breach of contract, indemnification, subrogation and related coverage dispute among public utility and its contracting parties arising out of major California wildfire.
  
  • Coverage dispute stemming from resolution of patent, trademark and copyright action following pre-trial summary judgment and subsequent jury trial determinations.
  
  • Coverage dispute arising from federal false advertising, trademark infringement and counterfeiting action.

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• DISCRIMINATION
  
  • Plaintiff alleges race and religious discrimination, retaliation and various wage claims following defendant employer’s reduction in force eliminating plaintiff’s position, and then subsequently failing to rehire plaintiff when employer hired back several employees.
  
  • Disability discrimination, Wrongful termination in violation of public policy, and Retaliation in violation of FEHA claims by employee alleging that employer terminated her due to her disability, rather than as part of reduction in force layoff of more than a dozen other employees.
  
  • Disability discrimination, Failure to provide reasonable accommodation, Retaliation and Wrongful termination in violation of public policy, and Negligent infliction of emotional distress claims by employee alleging being denied accommodation, then retaliated against and terminated by retailer defendant.
  
  • Disability discrimination lawsuit alleging plaintiff wrongfully terminated while on doctor-ordered leave of absence for psychiatric disability, along with claims for failure to reasonably accommodate or enter into interactive process, retaliation for seeking protective leave, and termination in violation of public policy.
  
  • Racial discrimination, defamation, wrongful termination and retaliation action by employee alleging that employer fired employee for complaining of co-worker’s use of racial epithets.
  
  • Discrimination, harassment, retaliation and wrongful termination suit by employee claiming sexual orientation and disability discrimination against medical practice employer.
  
  • Federal Title VII civil rights race discrimination and retaliation action against nationwide healthcare service provider, asserting a series of racially motivated adverse actions against plaintiff.
  
  • Single plaintiff California FEHA and ERISA action against Bay Area governmental agency alleging race and age discrimination, retaliation, constitutional violations and physical assault of plaintiff employee.
  
  • Age discrimination action filed by the EEOC on behalf of multiple claimants alleging that Bay Area municipality failed to hire claimants on the basis of their age in violation of the ADEA.
  
  • Age discrimination and whistleblower action claiming that defendant employer targeted plaintiff for termination based upon his age and complaints of alleged illegal activity.
  
  • Disability discrimination / wrongful termination claims under FMLA, FEHA and CFRA alleging that employee was denied medical leave, then fired, after reporting illness.
  
  • National origin harassment and retaliation action by the EEOC claiming that defendant bakery verbally abused employee with racial and ethnic epithets, wrongfully discharged her and then retaliated against her by filing a defamation lawsuit against the employee.
• LABOR CODE
  
  • Multi-plaintiff action claiming multiple CA Labor Code violations, alleging that defendant employer failed to pay minimum wage, failed to pay overtime or provide required meal and rest breaks, failed to pay earned wages upon termination, and failed to reimburse employees for work-related expenditures.
  
  • Plaintiff, outside sales representative for nationwide software company, alleges misclassification, failure to pay overtime and wrongful termination under federal and state laws.
  
  • Plaintiffs, employees of defendant shipping company, allege violations of California Labor Code and wrongful termination in violation of public policy based upon defendant’s suspension of plaintiffs pending resolution of citations.
• WRONGFUL TERMINATION
  
  • Whistleblower retaliation (CA Labor Code), FEHA retaliation (CA Government Code), Statutory retaliation, Wrongful discharge in violation of public policy, Statutory misrepresentation and Breach of contract claims by employee alleging that employer terminated him after employee raised health and safety code violations and after employee claimed workers compensation benefits.
  
  • Sexual harassment, wrongful termination and retaliation claims by employee allegedly terminated following her rejection of sexual advances by her manager.
  
  • Multi-plaintiff California FEHA age discrimination, retaliation and wrongful termination claims against national retailer arising from retailer’s termination of all plaintiffs for alleged violations of company policy. Plaintiffs claimed grounds given for termination were pretext for discriminatory termination decisions.
  
  • Single plaintiff wrongful termination, defamation, fraud and Bus. & Prof. Code § 17200 action based upon claim that plaintiff was falsely imprisoned and coerced into confessing theft from defendant employer.
• CLASS ACTIONS
  
  • Wage and hour class action: Plaintiff hotel workers allege failure to pay overtime wages or minimum wages, failure to provide compliant meal and rest periods, failure to furnish accurate wage statements, unfair competition and PAGA violations against defendant hotel owner.

• BREACH OF CONTRACT / SALES TRANSACTIONS
  
  • Plaintiff real estate broker alleges that nationwide property owner / seller entity breached written contract to pay commissions earned on multiple sales transactions over multi-year period. Plaintiff also alleges conversion and unjust enrichment.
  
  • Breach of contract, Fraud, Intentional and Negligent Misrepresentation action by purchaser of property, alleging defendant seller willfully concealed existence of variance limiting use and expansion of property, as well as material defects and health and safety violations.
• BREACH OF CONTRACT / DEVELOPMENT
  
  • Plaintiff, national developer of housing projects, claims breach of development contract arising from defendant hosing cooperative’s alleged failure to reimburse plaintiff for third party expenses attributable to redevelopment of housing project.
• NUISANCE / QUIET ENJOYMENT
  
  • Multi-plaintiff adjoining property owner claims alleging nuisance and challenging permitting of proposed renovations by defendant who allegedly converted private home for commercial exploitation surrounding popular television production.
• BREACH OF CONTRACT / LEASE DISPUTES
  
  • Breach of lease, negligence, premises liability and personal injury claims arising from defendant landlord’s alleged failure to deliver and maintain premises in compliance with public safety and housing laws.
  
  • Multi-part commercial lease dispute involving claims and cross-claims of breach of contract, bad faith and tortious interference with contract, based upon a series of lease agreements and conflicting party interests.
  
• CONSTRUCTION DEFECT LITIGATION
  
  • Design and construction defect, breach of contract, fraud and California Consumer Legal Remedies Act action against architect / designers of commercial office space.
  

• MASS TORT
  
  • Indemnity, insurance coverage, negligence and breach of contract claims between regional utility company and subcontractor, alleging that subcontractor failed to perform contract services, failed to designate utility as additional insured, and failed to indemnify utility for damage resulting from major California wildfire.
  
• INDIVIDUAL TORT
  
  • Negligence action against major retailer and shopping center owner / operator alleging that retailer and operator failed to maintain premises in safe condition, resulting in physical and mental injuries to plaintiff; related cross-claims between retailer and operator for indemnification.
  
  • Negligence action by motorcyclist against underinsured driver of vehicle causing serious injuries to plaintiff motorcyclist.
  
  • Negligence action against national retailer alleging that retailer failed to operate premises in safe condition, contributing to serious injuries to plaintiff.

• Professional Liability
  
  • Legal malpractice and related negligence claims arising from alleged failure to advise government agency against purchase transaction involving conflict of interest with agency board member / realtor, triggering violations of Government Code sections and Political Reform Act and taxpayer lawsuit demanding forfeiture of purchase transaction by seller unaware of conflict.
  
  • Negligence and breach of fiduciary duty claims by property purchasers against purchaser and seller’s broker, alleging failure to disclose substantial defect to property, prompting cross-action against sellers.
  
  • Professional negligence action by property owners against their broker, alleging that broker’s agent concealed material facts from owners and conspired with proposed purchaser’s agent to close sale to seller’s detriment, triggering extended litigation and expense with proposed purchaser.
  
  • Professional negligence claims by dental practice against architect hired to design and oversee renovation of dental office, alleging resulting in multiple violations of building and safety regulations as well as non-functional facility.