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Gregory J. Commins, Jr.

Gregory Commins Jr. is an established trial lawyer and has successfully represented clients in complex litigation, in multi-week trials and on appeal in both state and federal courts across the country.

Mr. Commins focuses on complex litigation matters involving antitrust class action litigation; intellectual property disputes such as trade secret misappropriation, copyright infringement and patent infringement claims; product liability class actions; environmental claims; and other commercial issues such as breach of contract, fraud and tortious interference claims. Most recently, he was counsel in two five-week jury trials involving successful prosecution of breach of contract and trade secret misappropriation and claims involving proper ownership and inventorship of fuel injector patents, as well as a four-week jury trial involving copyright infringement, trade secret misappropriation and breach of contract claims. Mr. Commins also has defended companies investigated by federal and state regulatory agencies and provided antitrust and environmental counseling to his clients.

Representative Matters

• In re Southeastern Milk Antitrust Litigation.
  Currently representing class of Southeastern dairy farmers alleging antitrust violations concerning horizontal price fixing, market allocation and agreements not to compete, as well as monopolization, attempt to monopolize and breach of contract.
• In re Iron Ore Antitrust Litigation.
  Counsel on behalf of steel company plaintiffs alleging unlawful conspiracy to monopolize against various railroads that resulted in a plaintiff’s verdict which was upheld on appeal.
• WiAV Solutions, LLC v. Motorola, et al.
  Represented client in a patent infringement lawsuit involving WCDMA and GSM technology. Obtained stipulation of noninfringement of one patent following the Court’s Markman ruling, on second patent obtained order precluding plaintiff’s damages expert under Daubert and summary judgment of no–presuit damages based on plaintiff’s failure to mark under 35 U.S.C. 287(a).
• Innovative Global Solutions v. Volvo Construction Equipment, et al.
  Representing Caterpillar in patent infringement lawsuit involving vehicle tracking technology.
• Condatis v. A.P. Moller-Maersk A/S, et al.
  Representing Caterpillar in patent infringement suit related to vehicle management systems.
• Geotag v. Royal Purple, et al.
  Representing Caterpillar in patent infringement suit related to Internet organizer for accessing geographically and topically based information.
• MLR, LLC v. Motorola, Inc.
  Represented client in patent infringement lawsuit involving multi-mode phones and network selection criteria.
• Caterpillar v. Sturman Industries, et al.
  Served as counsel in two five-week jury trials involving successful prosecution of breach of contract and trade secret misappropriation claims involving proper ownership and inventorship of fuel injector patents. Moved for summary judgment against defendants’ counterclaims for breach of contract, trade secret misappropriation and fraud.
• Caterpillar Inc. v. Navistar International Transportation Corp., International Truck and Engine Corporation, Newstream Eternprises, LLC, Sturman Industries, Inc., and Sturman Engine Systems, LLC.
  Obtained settlements for client in multiple lawsuits involving claims of breach of contract, breach of license agreements, tortious interference, trade secret misappropriation and fraud. Handled similar matters for client against same parties in multiple federal districts (patent infringement cases), Illinois state court (breach of contract claims) and before the USPTO (separate interference and reexamination proceedings).
• HotSamba Inc. v. Caterpillar.
  Served as counsel in a four-week jury trial involving claims of copyright infringement and breach of contract involving software. Following trial, the parties settled the case.
• Lear Siegler v. Dyncorp et al.
  Acted as counsel in a bench trial, sought a preliminary injunction against trade secret misappropriation in a case involving provision of technical support services to the Royal Saudi Air Force.
• Godix Equipment Export Corp. v. Caterpillar Inc.
  As counsel in a six-week jury trial, defended against antitrust, fraud and misrepresentation claims based on a manufacturer’s export restrictions that were promulgated in order to support overseas distributors and customers. Obtained judgment as a matter of law on the antitrust claims at the close of all of the evidence. The jury returned verdicts in favor of client on all remaining claims. The judgment was affirmed on appeal.

Mr. Commins is a member of the American Bar Association and has done pro bono work for the Archdiocesan Legal Network. In January 2012, Mr. Commins presented a CLE program to The Cleveland Intellectual Property law Association (CIPLA) entitled, “The Intersection of Antitrust and Intellectual Property: Basic Principles, Standard Setting Organizations and Patent Pools.”

Mr. Commins has been named a 2012 Washington, D.C., “Super Lawyer” in the area of Antitrust Litigation by Law & Politics.