Jeffrey D. Dyess

Partner
Legal Assistant
Deborah Ann Faulk
P: 205.521.8461 dfaulk@bradley.com
Representative Experience
  • Patent Litigation
    • TQ Delta LLC v. ADTRAN, Inc. (Dist. Of Delaware)
      Represents a leading global provider of networking and communications equipment in patent infringement litigation involving multi-carrier signal transmission technology.

      MiMedx Group, Inc. v. Nutech Medical, Inc., et al. (U.S. Northern District of Ala.)
      Represents DCI Donor Services, a tissue graft manufacturer, in patent infringement litigation pending in the Northern District of Alabama. The lawsuit involves multiple patents pertaining to the processing and composition of placental tissue grafts used in a variety of applications, including wound care.

      Steyr Arms, Inc. v. Beretta USA Corp. (U.S. Northern District of Ala.)
      Represents firearms manufacturer Beretta USA Corp. in patent infringement litigation involving handgun technology filed against it by competitor Steyr Arms, Inc. in the Northern District of Alabama.

      Lifetime Products, Inc. v. Russell Brands, LLC (U.S. Dist. Utah 1:12-CV-00026-DN) 
      Represents Russell Brands, LLC, an international sporting goods and athletic wear manufacturer. Russell Brands was sued by Lifetime Products, its competitor in the residential basketball backboard systems market, on grounds of patent infringement. Russell counterclaimed, seeking a declaration of non-infringement and invalidity, as well as unenforceability on numerous grounds of inequitable conduct on the part of Lifetime in procuring the patents-in-suit. The litigation has also produced extensive related administrative reexamination proceedings before the U.S. Patent and Trademark Office, including appeal to the Court of Appeals for the Federal Circuit.

      My Health, Inc. v. GenerationOne, Inc. (U.S. District Eastern District of Tex.)
      Represented GenOne, a preeminent mobile health technology service provider delivering next-generation cost containment for the healthcare industry using mobile solutions for driving collaborative care and care management. Defended GenOne against claims of patent infringement that accused GenOne’s mobile collaborative care technology products.

      Wolf Run Hollow, LLC v. Online Resources Corp. (U.S. District Central District of Cal.) 
      Represented Online Resources Corporation, one of the nation’s largest processors of bank and credit card payment transactions in this patent infringement action. Defended Online Resources against claims of patent infringement brought by non-practicing entity Wolf Run Hollow. The subject matter of the patents in suit were business methods and systems for transmitting secure messages across insecure networks.

      Online Resources Corp. v. Autoscribe Corp., et al. (U.S. District Maryland)
      Represents Online Resources Corporation, one of the nation's largest processors of bank and credit card payment transactions, in this patent infringement action. The subject matter of the patents was business methods and systems for processing bill payments taken over the phone. Filed a declaratory judgment action in federal court in Maryland seeking a declaration that it did not infringe claims of a family of patents held by defendants or, alternatively, that these patents were invalid, and the defendants filed counterclaim alleging infringement. 

      Stambler v. Intuit, Inc., et al. (U.S. District Eastern District of Tex.) 
      Represented a main defendant against patent infringement claims that the technology and methods used by defendants to process a variety of financial transactions infringed patents owned by the plaintiff.

  • Intellectual Property Litigation
    • TQ Delta LLC v. ADTRAN, Inc. (Dist. Of Delaware)
      Represents a leading global provider of networking and communications equipment in patent infringement litigation involving multi-carrier signal transmission technology.

      MiMedx Group, Inc. v. Nutech Medical, Inc., et al. (U.S. Northern District of Ala.)
      Represents DCI Donor Services, a tissue graft manufacturer, in patent infringement litigation pending in the Northern District of Alabama. The lawsuit involves multiple patents pertaining to the processing and composition of placental tissue grafts used in a variety of applications, including wound care.

      Steyr Arms, Inc. v. Beretta USA Corp. (U.S. Northern District of Ala.)
      Represents firearms manufacturer Beretta USA Corp. in patent infringement litigation involving handgun technology filed against it by competitor Steyr Arms, Inc. in the Northern District of Alabama.

      Lifetime Products, Inc. v. Russell Brands, LLC (U.S. District of Utah and U.S. International Trade Commission) 
      Represents Russell Brands, LLC, an international sporting goods and athletic wear manufacturer, and its international supplier. Russell Brands was sued by Lifetime Products, its competitor in the residential basketball backboard systems market, on grounds of patent infringement. Russell counterclaimed, seeking a declaration of non-infringement and invalidity, as well as unenforceability on numerous grounds of inequitable conduct on the part of Lifetime in procuring the patents-in-suit. The litigation has also produced extensive related administrative reexamination proceedings before the U.S. Patent and Trademark Office, including appeal to the Court of Appeals for the Federal Circuit.

      Heden v. Travis Body and Trailer, Inc. (Dist. Court of Harris County, TX) 
      Represented Travis Body and Trailer, a manufacturer of commercial trailers. Travis was sued following its purchase of trailer manufacturing equipment on allegations that it had misappropriated the trade secrets of the plaintiff in Travis's purchase of the equipment from a co-defendant and had further induced the co-defendant seller of the equipment to breach its non-assignable license agreement regarding the trailer manufacturing technology owned by the plaintiff.

      My Health, Inc. v. GenerationOne, Inc., (U.S. District Eastern District of Tex.)
      Represented GenOne, a preeminent mobile health technology service provider delivering next-generation cost containment for the healthcare industry using mobile solutions for driving collaborative care and care management. Defended GenOne against claims of patent infringement that accused GenOne’s mobile collaborative care technology products.

      Wolf Run Hollow, LLC v. Online Resources Corp. (U.S. District Central District of Cal.) 
      Represented Online Resources Corporation, one of the nation’s largest processors of bank and credit card payment transactions in this patent infringement action. Defended Online Resources against claims of patent infringement brought by non-practicing entity Wolf Run Hollow. The subject matter of the patents in suit were business methods and systems for transmitting secure messages across insecure networks.

      Online Resources Corp. v. Autoscribe Corp., et al. (U.S. District Maryland)
      Represents Online Resources Corporation, one of the nation's largest processors of bank and credit card payment transactions, in this patent infringement action. The subject matter of the patents was business methods and systems for processing bill payments taken over the phone. The firm filed a declaratory judgment action in federal court in Maryland seeking a declaration that it did not infringe claims of a family of patents held by defendants or, alternatively, that these patents were invalid, and the defendants filed counterclaim alleging infringement. 

      Stambler v. Intuit, Inc., et al. (U.S. District Eastern District of Tex.) 
      Represented a main defendant against patent infringement claims that the technology and methods used by defendants to process a variety of financial transactions infringed patents owned by the plaintiff.

      Wisconsin Emer. Technicians Ass’n v. EMS-PRO, LLC (U.S. District Eastern District Wisc.) 
      Defended publishing company against claims that one of its publications, distributed in the field of first responders, violated the trademarks of a Wisconsin-based EMT association. Defense included successfully fending off motions for emergency and preliminary injunctions prior to negotiating favorable settlement of claims.

      Mayer Electric Supply Company, Inc. v. Atlanta Electrical Distributors, LLC (U.S. Northern District of Ala.) 
      Brought claims on behalf of Mayer Electric Company against two former sales employees and their competing company, formed before they left Mayer Electric’s employment, for breach of fiduciary duty and misappropriation of trade secrets arising from the defendants’ pre-departure solicitation of Mayer Electric’s customers. Defended Mayer Electric from defendants’ counterclaims alleging defamation and intentional interference with business relations.

      William E. Poole Designs, Inc. v. Southern Living, Inc. (U.S. Northern District of Ala.) 
      Defended Southern Living against alleged copyright infringement of numerous house plans and artists renderings, in which plaintiff home designer’s damages claim exceeded $100 million. We also asserted counterclaims for trademark infringement arising from the plaintiff’s use of the Southern Living trademark in internet keyword advertising, sponsored ads, and as website metatags.

      EBSCO Industries, Inc. v. Belco Services, Inc., et al. (U.S. Northern District of Ala.) 
      Successfully represented a business unit of EBSCO Industries to enforce non-disclosure agreements and to protect trade secrets in an action against former employees and their newly formed company. Successfully obtained a preliminary injunction on behalf of the client.

  • Commercial and General Litigation
    • Heden v. Travis Body and Trailer, Inc. (Dist. Court of Harris County, TX)
      Represented Travis Body and Trailer, a manufacturer of commercial trailers. Travis was sued following its purchase of trailer manufacturing equipment on allegations that it had misappropriated the trade secrets of the plaintiff in Travis's purchase of the equipment from a co-defendant and had further induced the co-defendant seller of the equipment to breach its non-assignable license agreement regarding the trailer manufacturing technology owned by the plaintiff.

      Mayer Electric Supply Company, Inc. v. Atlanta Electrical Distributors, LLC (U.S. Northern District of Ala.) 
      Brought claims on behalf of Mayer Electric Company against two former sales employees and their competing company, formed before they left Mayer Electric’s employment, for breach of fiduciary duty and misappropriation of trade secrets arising from the defendants’ pre-departure solicitation of Mayer Electric’s customers. Defended Mayer Electric from defendants’ counterclaims alleging defamation and intentional interference with business relations.

      EBSCO Industries, Inc. v. Belco Services, Inc., et al. (U.S. Northern District of Ala.) 
      Successfully represented a business unit of EBSCO Industries to enforce non-disclosure agreements and to protect trade secrets in an action against former employees and their newly formed company. Successfully obtained a preliminary injunction on behalf of the client.

      Sunrise Hosiery of Georgia, Inc. v. Russell Corporation (Circuit Court of DeKalb County, AL)
      Defended Russell Corporation in this commercial dispute over rights under manufacturing licensing agreements.

      Patel v. Peoples Independent Bank (Circuit Court of DeKalb County, AL)
      Represented defendant Peoples Independent Bank, a local community bank based in Northeast Alabama. The bank was sued by a mortgage borrower on claims of negligence and fraud regarding the bank’s foreclosure of the plaintiff’s commercial business property following the plaintiff’s arrest for distribution of a controlled substance and the subsequent seizure of his place of business by law enforcement officials. 

      Featheringill v. USAmeribank (U.S. Northern District of Ala.)
      Represented USAmeribank in this action. The plaintiff account holder sued USAmeribank on claims of fraud, negligence and wantonness arising from unauthorized transfer made from the plaintiff’s accounts by overseas hackers. 

      Bobo Engineering, Inc. v. Peoples Independent Bank (U.S. Northern District of Ala.)
      Represented defendant Peoples Independent Bank, a local community bank based in Northeast Alabama. The bank was sued by a business customer alleging violations of the Racketeer Influence and Corrupt Organizations Act (RICO) arising from a bank employee’s embezzlement of funds that affected the plaintiff’s factoring arrangement financed through the bank. Represented the bank on its counterclaims brought on grounds that the factoring arrangement resulted in a debt of several hundred thousand dollars owed by the plaintiff to the bank. Following intense discovery and highly contested litigation, a negotiated settlement was reached. 

      Bynum v. Citizens Bank and Trust (Circuit Court of Marshall County, AL)
      Defended local community bank against claims of negligence and wantonness regarding the wrongful withdrawal of funds by a fiduciary from estate and trust funds on deposit with the bank.

      Bell v. Metro Bank (Circuit Court of St. Clair County, AL)
      Defended Metro Bank and its officers against claims of negligence, wantonness and fraud. The bank was the construction mortgage lender for the plaintiffs for the construction of their residence, and the claims against the bank involved the alleged failure of the bank to supervise the plaintiffs’ chosen builder of the residence. 

      Audrey Furgerson, et al. v. Metro Bank (Circuit Court of Cleburne County, AL)
      Defended Metro Bank against claims of negligence, wantonness, bad faith and negligent/wanton hiring and supervision arising from the bank’s acceptance for deposit and negotiation of signed checks taken from a bank customer by a second bank customer that were applied to the second customer’s personal accounts and loans at the bank.

      Eighteen Oaks, Inc. v. Metro Bank (U.S. Bankr. N.D. Ala.)
      Plaintiff, a construction company, filed for Chapter 7 bankruptcy the day after filing an action in the Circuit Court of St. Clair County, Alabama, for damages under the UCC arising from the theft, fraudulent endorsement and negotiation of $238,000 in company checks by its supervisor employee that were then deposited in his personal accounts at Metro Bank. Removed the state court action to bankruptcy court and successfully avoided the bankruptcy trustee’s attempt to remand the case to state court. 

      Christy Martinez v. Tire Centers, LLC, Erwin Caldwell and Joe Fuller (Circuit Court of Jefferson County, AL)
      Plaintiff brought wrongful death and co-employee liability claims against her deceased husband’s employer and the company’s supervisors after the deceased was killed in a single vehicle accident. Plaintiff pursued a novel theory that her claims were not barred by the exclusivity provisions of the Workmen’s Compensation Act as a result of alleging a claim outrage against defendants. 

      Allen Henry and Henry Marine Service, Inc. v. David O’Neill (Circuit Court of Baldwin County, AL)
      Defended an officer of Ingram Barge Company, plaintiffs’ largest customer, from claims that he conspired with plaintiffs’ former officers and employees in the breaches of their fiduciary obligations to the corporation when he “aided and abetted” the former employees’ takeover of plaintiffs’ business. 

      Steven C. Redmond, et al. v. The Goodyear Tire & Rubber Co., Inc. (Circuit Court of Marshall County, AL)
      Defended Goodyear in this products liability tire case. Plaintiffs were the passengers in a 16-passenger van that was involved in a single vehicle accident in rural Eastern Wyoming after it left the interstate and crashed at highway speed into a dirt berm in the interstate right-of-way. The accident resulted in two deaths, including the death of an 11-year-old female passenger, and the driver of the vehicle was left a quadriplegic. Plaintiffs claimed that the right front tire of the van, manufactured by Goodyear, ruptured during normal operation as the result of tread belt separation causing the driver of the van to lose control of the vehicle. 

      James A. Keene, et al. v. Fresenius USA Manufacturing, Inc. (Circuit Court of Jefferson County, AL)
      Defended Fresenius, a national provider of dialysis services, equipment and supplies, in a wrongful death action arising from a multiple vehicle accident involving a commercial motor vehicle operated by an employee of the client. The case involved significant issues of causation, as the accident involved a chain reaction of multiple collisions, the first of which occurred when the vehicle driven by the deceased’s 16-year-old daughter struck a disabled vehicle that was blocking a lane of eastbound I-20 in West Georgia. 

      The Bank v. E. Ted Taylor and Larry D. Striplin, 974 So. 2d 298 (Ala. 2007)
      Defended an individual pledgor of a $1 million certificate deposit in this interpleader action. Obtained summary judgment in favor of the client that allowed him to recover the pledged funds against the competing claims of an individual guarantor of the underlying debt who sought an assignment of the pledged collateral following his satisfaction of the debt. The award was upheld on appeal to the Alabama Supreme Court.

  • Probate, Estate and Trust Litigation
    • Estate of Colin A. Pearson, deceased (Probate Court of Shelby County, AL No. PR-2014-00182)
      Represents one of two co-personal representatives who were engaged in a dispute over their respective appointments and the proper administration of the estate.

      Hill v. Hopson (Circuit Court of Lee County, AL No. 43-CV-2013-900123)
      Represents the grandson of the decedent in this will contest action. The last will and testament has been contested on grounds of undue influence and lack of testamentary capacity. The matter recently settled.

      In re the estate of Emmett C. Sanford, Jr., deceased (Circuit Court of Lamar County, AL No. 40-CV-2013-90056)
      Represents the personal representative in litigation removed from the probate court to the circuit court involving questions of the administration of the probate estate.

      In the matter of Patricia Ann Koester, deceased (Probate Court of Jefferson County, AL No. 215931)
      Represented the three living heirs of Pat Koester in the contest of a will, power of attorney and living trust procured by her caregiver from LegalZoom.com. Following a trial of the matter, the will, power of attorney and trust were all invalidated on grounds of undue influence, and the living heirs’ inheritance was reinstated.

      In the matter of the estate of Ruby Palmer, an incapacitated person; In re The Ruby Belcher Maxwell Testamentary Trust for the benefit of Ruby M. Palmer (Probate Court of Jefferson County, AL No. 2012-217277)
      Represented one of the two children of the trust beneficiary, also an incapacitated person, in litigation over the negotiation of guardianship of the affected person as well as the financial arrangements to protect her resources.

      Henry E. Lagman, as administrator ad colligendum for the estate of Mary Carter Leonard McClellan, deceased, v. Garrison (Probate Court of Jefferson County, AL No. 2012-216959)
      Represented the administrator of this probate estate with regards to litigation to recover property and funds for the probate estate taken during the lifetime of the decedent by a fiduciary. The litigation resulted in a negotiated settlement favorable to a large recovery for the estate.

      Cable v. Byrne (Circuit Court of Jefferson County, AL No. CV-10-901095)
      Represented the personal representative and will proponent in this will contest removed to the circuit court from the probate court. Following a period of discovery, the contest matter was resolved through a negotiated settlement that allowed the probate of the will to go forward.

      In the matter of the estate of Virginia W. Collins, an incapacitated person (Probate Court of Shelby County, AL No. PR-2009-523)
      Represented one of two children of the incapacitated person involved in a dispute over lifetime gifts made by the ward and whether they were affected by undue influence during the time of the affected person’s incapacity. The litigation resulted in a settlement and reorganized testamentary plan for the affected person’s estate.

      In the matter of Neva E. McIlvaine Trust, dated December 1, 1943 (Probate Court of Jefferson County, AL Case No. 205246)
      Represented one of a number of income and residual beneficiaries in trust litigation involving the interpretation of a trust document and the ability of a deceased beneficiary who had no natural children to adopt adults for the purpose of passing on his trust interest. Following discovery and litigation in the matter, the matter was resolved through a negotiated realignment of the trust interests into a separate share trusts.

      In re Stockham/Ladd Trust Litigation (Probate Court of Jefferson County, AL No. 206395)
      Represented the corporate trustee in litigation involving its resignation, the appointment of a successor trustee, and the consolidation of trusts into two trusts on a going-forward basis.

      In the matter of Eleanor Kidd Revocable Trust, dated May 8, 2007 (Probate Court of Jefferson County, AL No. 199748)
      Represented a removed trustee in a petition for instructions as to the validity of an appointment made by the trust beneficiary of a successor trustee. The appointment was challenged on grounds of undue influence and lack of capacity of the beneficiary. Following a trial of the matter, the appointment was invalidated, and our client was reinstated as trustee of the trust.