Joseph C. Smith, Jr.

Static Control Components, Inc. v. Lexmark International, Inc. (Federal District Court, Eastern District of Kentucky)
Represented Static Control in consolidated cases concerning aftermarket for repair of toner cartridges for Lexmark laser printers.  Lexmark alleged patent infringement and active inducement of infringement.  Static Control alleged patent misuse.  Six week jury trial.  Jury verdict for Static Control.

Darkprint Imaging, Inc. v. Static Control Components, Inc. (Federal District Court, Colorado)
Defended Static Control against patent infringement claim.  Technology involved electroless nickel plating for laser printer parts.  Achieved favorable Markman ruling, then won summary judgment of patent invalidity based on obviousness.

Poly Trucking, Inc. v. Concentra Health Services, Inc. (Colorado Court of Appeals)
Retained by Poly Trucking to appeal order reforming settlement agreement based on alleged unilateral mistake.  Appeal concerned alleged duty to disclose information to adverse party during settlement negotiations.  Appeal won; order reversed.

Static Control Components, Inc. v. Darkprint Imaging, Inc. (Federal District Court, Middle District of North Carolina)
Represented Static Control in case arising from Darkprint’s misappropriation of trade secrets, unfair and deceptive business practices and tortious interference with Static employee’s non-compete agreement.  Summary judgment for Static on Darkprint’s counterclaim.  Jury verdict and judgment for Static, awarding both compensatory and punitive damages.

Gore v. Bush, et al. (Leon County Circuit Court, Florida)
Represented President George W. Bush in election contest filed by former Vice President Al Gore in Leon County, Florida, contesting the results of the 2000 Presidential election in Florida.

Langley v. Pratt & Whitney (Jefferson County District Court, Colorado)
Represented Pratt & Whitney against claims of fraud, breach of contract, consumer-protection violations and design defect, arising from manufacture, sale and repair of jet engines.  Directed verdict for Pratt on all claims arising from manufacture and sale of engines.  Jury verdict for Pratt on all claims arising from repair of engines.

Countrywide Home Loans, Inc. and BAC Home Loans Servicing, LP v. Mortgage Guaranty Insurance Corporation (Federal District Court, Northern District of California)
Representing MGIC in mortgage insurance dispute with Countrywide. 

Walker Digital, LLC v. ADT, Tyco Safety Products, and Westec Intelligent Surveillance (among others) (Federal District Court, Delaware)
Representing ADT, TSP and Westec in patent infringement actions.  Patents are alleged to cover certain internet-based surveillance systems.

Cole v. Asurion and T-Mobile (Federal District Court, Central District of California).
Representing Asurion and T-Mobile in class action brought by T-Mobile subscriber who purchased cell-phone insurance and claims, on behalf of 1.4 million consumers, that Asurion and T-Mobile did not sufficiently disclose the terms of the insurance.  Plaintiff seeks the return of all premiums paid by all class members.  Won stay of case pending individual class member arbitrations.

United States of America ex rel. Oberg v. Nelnet et al. (Federal District Court, Eastern District of Virginia)
Represented Nelnet in qui tam action under Federal False Claims Act.  Relator alleged that Nelnet submitted false claims for hundreds of millions of dollars in student loan subsidies.  Case settled immediately before jury selection.

GEA v. Bechtel Power (Federal District Court, District of Colorado)
Represented Bechtel in dispute with subcontractor over subcontractor's performance during construction of power plant in Athens, New York.  Case settled.

Merrill Lynch Bank & Trust Co., FSB v. National City Bank (Supreme Court of the State of New York)
Represented National City Bank in case concerning its $4.5 billion sale of mortgage origination and servicing businesses to Merrill Lynch.  Case settled.

DK Acquisition Partners, L.P. et al. v. J.P. Morgan Chase & Co. et al. (Federal District Court, Southern District of Texas)
Represented holders of about $1.6 billion in Enron bank debt in action against J.P. Morgan Chase & Co., Citigroup and affiliates, alleging fraud and other wrongdoing based on defendants’ knowledge of and participation in scheme to conceal Enron’s true financial condition.  Case settled after discovery.

Smith v. Arthur Andersen, et al. (Federal District Court, Arizona)
Defended Andersen in action by bankruptcy plan trustee for Boston Chicken, Inc., alleging malpractice, negligence, breach of contract, negligent misrepresentation, and aiding and abetting breach of fiduciary duty.  Trustee sought $1.5 billion in compensatory damages; case settled for $40 million shortly before trial.

Pioneer Hi-Bred International, Inc. v. Syngenta Seeds, Inc. (Federal District Court, Southern District of Iowa)
Represented Pioneer in action for trade secret misappropriation, patent infringement and reverse palming-off, arising from Syngenta’s acquisition and use of Pioneer’s proprietary hybrid corn and parent seed and germplasm.

Elm Technology Corp. v. Tachyon Semiconductor Corp. (Superior Court, Santa Clara County, California)
Defended Tachyon against breach of contract claim arising from licensing of semiconductor technology and parties’ agreement to terminate licenses.  Case settled after Tachyon counterclaimed for breach of contract and fraud.

Espinoza v. Wal-Mart Stores, Inc. (District Court, Pueblo County, Colorado)
Retained by Wal-Mart to challenge multi-million-dollar default judgment entered in personal injury action.  Motion to set aside granted.

Powell v. DuPont et al. (Federal District Court, Colorado)
Defended DuPont against claims of negligence and strict liability, arising from the plaintiff’s alleged workplace exposure to a DuPont product.  Achieved voluntary dismissal by plaintiff before trial.