The Law Offices of Kimberly A. Elkjer
Recent Cases
  • INTELLECTUAL PROPERTY LITIGATION
  • Defended Fina Oil & Chemical Company and Fina Technology, Inc. for claims including patent infringement and ownership, misappropriation of trade secrets, the rights to royalties on patents, the validity of employee secrecy agreements, defamation of character, infliction of emotional distress, civil conspiracy, and breach of fiduciary duty.      
  • Representation of a client in a 35 U.S.C. § 256 claim (changing inventorship when the inventors refused to cooperate with the Patent and Trademark Office) in federal district court. This case also involved claims pursuant to sections 101, 111, 166 and 262 of the Patent Act.
  • Representation of Advanced Display Systems, Inc. in a patent infringement suit regarding cholesteric liquid crystal technology against Kent State University that resulted in three week jury trial. This case also involved patent validity claims pursuant to sections 102, 103, and 112 of the Patent Act.
  • Representation of Cisco Systems, Inc. regarding intellectual property consultation.
  • Representation of client in claims involving patent invalidity, infringement and ownership, as well as anti-trust issues in the oil and gas industry.
  • Representation of several businesses in suits brought against former employees for misappropriation of trade secrets, misuse of confidential information and breach of employee secrecy agreements.

  • COMMERCIAL LITIGATION
  • Representation of Marathon Oil Company in multi-million dollar "take-or-pay" natural gas contract litigation against a large electric/fuel company.
  • Representation of several businesses in various suits brought for breach of contract and other business disputes.
  • Representation of various banks and financial institutions relating to breach of contract, suits on notes, attachments, foreclosures, garnishments, and other ancillary litigation matters.
  • Representation of officers and directors of homeowners association n suit alleging breach of fiduciary duties.
  • Representation of a non-profit corporation in suits brought by a former employee for breach of contract and wrongful withholding of federal taxes.
  • Representation of television and radio personalities in various lawsuits involving claims for breach of contract.
  • Representation of textile manufacturer in suit involving alleged breach of contract and violations of the Texas Sales Representative Act.
  • Representation of shareholders of a law firm in litigation arising out of departure from former law firm, including appeals of actions brought under the Texas Payday Act.

  • TRIAL EXPERIENCE
  • Representation of Fina Oil & Chemical Company in eight-week jury trial on intellectual property issues.
  • Lead counsel representing several clients in Temporary Injunction hearings in different intellectual property cases.
  • Representation of client as lead counsel in six-day trial regarding complicated property division including commercial buildings and partnership interests.      
  • Lead counsel prosecuting a personal injury claim to jury verdict.

  • APPELLATE EXPERIENCE
  • Representation of Fina Oil and Chemical Company and Fina Technology, Inc., in three separate appeals to the Federal Circuit with regard to patent inventorship and validity issues.
  • Successfully argued and defended dissolution of Writ of Garnishment in the Court of Appeals for the Fifth District of Texas at Dallas.
  • Successfully argued appeal of jury verdict for personal injury claim in the Court of Appeals for the Fifth District of Texas at Dallas.   
  • Represented Marathon Oil Company in defense of appeal regarding contractual obligations.
5956 Sherry Lane, Suite 1400
Dallas, Texas 75225

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