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Overview

Tracy has represented clients in patent infringement, copyright infringement, trade secret, commodity supply and distribution (gas, oil, coal), power plant engineering & construction, products liability, professional liability, securities, and general commercial disputes, including several class action matters, in both federal and state courts.

He advises KeyCorp on intellectual property matters and is engaged as KeyCorp's and FirstEnergy Corp.’s outside counsel on all patent and intellectual property disputes. Other representative intellectual property clients include MTD Products, Automated Packaging Systems, Master Lock, Invacare, Associated Materials, and United States Endoscopy Group, and complex civil litigation clients include FirstEnergy, Swagelok, MedMutual of Ohio, and PCC Airfoils.

Tracy was identified by Super Lawyers as one of the Top 50 Attorneys in Cleveland and Top 100 Attorneys in Ohio in 2014.

Prior to practicing law, Tracy served in the United States Navy as a nuclear engineer and worked as an aerospace program manager overseeing the manufacture and delivery of upper stage launch vehicle and satellite kick motors. He has extensive practical technical experience in power systems, electrical, mechanical and systems engineering, power generation and distribution, computer science, chemistry, and physics. He also has substantial business experience, which aids him in understanding his clients’ problems and servicing their needs.

He served as an officer in the United States Navy from 1985 to 1990 and as a program manager for Thiokol Corporation from 1990 to 1994.

Tracy was an associate with the law firm of Jones Day before joining Calfee in 1998. He became a partner with the firm in 2004.

Honors & Recognitions

Ohio Super Lawyers, Top 50 Attorneys in Cleveland and Top 100 Attorneys in Ohio, 2014

Education

J.D., magna cum laude, Widener University School of Law, 1994

B.S. in Physics, with distinction, United States Naval Academy, 1985

Experience

Experience

Intellectual Property Experience

  • Automated Packaging Systems, Inc. v. Free-Flow Packaging International, Inc., Case No. 3:18-cv-00356 (ND Ca.) – Patent infringement action regarding configuration of plastic films used in fabrication of air dunnage units.
  • The Lincoln Electric Co, et al. v. Harbor Freight Tools USA, Inc., Case No. 1:17-cv-02329 (ND Ohio) – Patent infringement action regarding welding units seeking a preliminary injunction.
  • Free-Flow Packaging International, Inc. v. Automated Packaging Systems, Inc., Case No. 5:17-cv-02318 (ND Ohio) – Patent infringement action regarding configuration of plastic films used in fabrication of air dunnage units.
  • The Toro Company v. MTD Products Inc, IPR2016-00194; The Toro Company v. MTD Products Inc, IPR2016-00219; The Toro Company v. MTD Products Inc, IPR2016-01352 – Inter Partes Review of lawn mower drive and steering systems.
  • MTD Products Inc v. Toro Company et al., Case No. 1:15-cv-00766-PAG (ND Ohio); MTD Products Inc v. Toro Company et al., Case No. 1:16-cv-00297-SL (ND Ohio) – Patent infringement actions regarding lawn mower drive and steering system integration patent.
  • Olivistar LLC v. FirstEnergy Corp., Case No. 2:15-cv-409 (ED Tx.) – Patent infringement action regarding remote control of electronic devices.
  • Data Carriers, LLC v. FirstEnergy Corp., Case No. 2:15-cv-79 (ED Tx.) – Patent infringement action regarding transport tracking technology.
  • Joao Bock Transactions Systems, LLC v, KeyCorp, et al., Case No. 7:14-CV-02883 (S.D.N.Y.) – Patent infringement action regarding computer systems for securing bank transactions.
  • Master Lock Company LLC v. Toledo & Co., Inc., Case No. 3:13-cv-01658 (D.P.R.) – Patent infringement action regarding padlocks and packaging.
  • Energy Intelligence Group Inc., et al. v. Keybanc Capital Markets, Inc., Case No. 4:13-cv-01252 (SD Tex.) – Copyright infringement action regarding online publications.
  • Maxim Integrated Products, Patent Litigation, Case No. 2:12-mc-00244 (WD Pa.) – Multi-district patent infringement action regarding online financial transaction services.
  • Stambler v. Intuit Inc., et al., Case No. 2:10CV00181 (ED Tx.) – Patent infringement action regarding online financial transaction services.
  • United States Endoscopy Group, Inc. v. ConMed Endoscopic Technologies, Inc., et al., Case No. 1:06CV1253 (ND Ohio) – Patent infringement action regarding a medical device.
  • Invacare Corporation v. Merits Health Products, Inc., et al., Case No. 1:05CV2469 (ND Ohio) – Patent infringement action regarding medical equipment.
  • Invacare Corporation v. Sunrise Medical Holdings, Inc., et al., Case No. 1:04CV1439 (ND Ohio) – Patent infringement action regarding power wheelchairs.

Complex Civil Litigation Experience

  • Green, et al. v. KeyCorp, Case No. 1:12-cv-01048 (WD Tex.) – Dispute regarding contingent compensation in connection with a business acquisition.
  • Riley, et al. v. KeyCorp, Case No. 1:11-cv-01150 (ND Ohio) – Dispute regarding contingent compensation in connection with a business acquisition.
  • Mikulski v. Centerior Energy Corp., et al., Case No. 01CV457866 (Cuyahoga Cty. CCP); Mikulski v. The Cleveland Electric Illuminating Co., Case No. 02CV490019 (Cuyahoga Cty. CCP); Mikulski v. Centerior Energy Corp., et al., Case No. 02CV490020 (Cuyahoga Cty. CCP); Mikulski v. The Toledo Edison Co., Case No. CI200206364 (Lucas Cty. CCP) – Series of four shareholder class actions based upon the reporting of distribution.
  • AQR Absolute Return Master Account L.P., et al. v. Centurion Credit Funding LLC, et al., Case No. 10CV340 (Columbiana Cty. CCP) – Commercial credit dispute.
  • Developers Diversified Realty Corp. v. Vidalakis, et al., Case No. 06-CV-0234 (ND Ohio) – Dispute regarding contingent compensation in connection with a business acquisition.
  • FirstEnergy Ventures Corp., et al. v. NRG Energy, Inc., et al. (Private Arbitration) – Dispute regarding $1.4 billion acquisition of generating assets.
  • DOJ Investigation of PCC Airfoils (and United Technologies Corporation) in connection with 4th Stage Turbine Blade Failures – FCA investigation.

Presentations/Publications

Presentations/Publications

Presentations

  • Ensuring Your E-Discovery Procedures Are In Compliance With The New Rules, E Discovery: Applying the New Federal Rules of Civil Procedure, National Business Institute (NBI), December 7, 2007.
  • In re Seagate Technology, LLC: The Changing Face of Willful Infringement, Cleveland Intellectual Property Law Association (CIPLA), January 23, 2008.
  • Find it Free & Fast on the Net, Strategies for Legal Research on the Web, National Business Institute (NBI), April 2-3, 2008.
  • Protecting Privilege During E-discovery (with Pete Rosato), 9th Annual Complex Litigation Seminar, Calfee, Halter & Griswold, LLP, July 31, 2008.
  • Production Of Electronic Evidence, E Discovery: Now What?, National Business Institute (NBI), December 17, 2008.
  • Preservation And Document Retention/Destruction, E Discovery: Now What?, National Business Institute (NBI), December 17, 2008.
  • Electronic Discovery (with James Lang), Calfee, Halter & Griswold, LLP, January 29, 2009.
  • No Free Lunch: Litigation Risks From Bailout Legislation (with Scott Matasar), 10th Annual Complex Litigation Seminar, Calfee, Halter & Griswold, LLP, August 6, 2009.
  • What Types of Damages Apply to a Case - Recent Case Law, Damages: Current Trends and Strategies, National Business Institute (NBI), October 8, 2009.
  • Punitive Damages After Philip Morris and Exxon, Damages: Current Trends and Strategies, National Business Institute (NBI), October 8, 2009.

Publications

  • With Infringement Remedies Available, Will Open Source Litigation Run Rampant? Ohio State Bar Assoc. Intellectual Property Section Newsletter, Summer 2009.

News & Events

PDF

Licensed In

  • Ohio
  • U.S. Patent and Trademark Office 

Court Admissions

  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Supreme Court
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