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William McGrath's Reported Cases and Representative Matters


Silkwood vs. Kerr-McGee Corp., 464 U.S. 238 (1984). One of the team of attorneys that represented defendant in a matter involving the scope of preemption under the Atomic Energy Act.

In re Amsted Industries, Inc., 972 F.2d 1326 (Fed. Cir. 1992). Represented Amsted Industries in an appeal of a Trademark Trial and Appeal Board (TTAB) ruling refusing to register a solid color trademark for thermoplastic encapsulated wire rope. Obtained the registration after the successful appeal.

Roulo vs. Russ Berrie & Co., 886 F.2d 931 (7th Cir. 1989). Co-counsel for plaintiff in the trial and appeal of a case involving copyright and trade dress infringement of greeting card designs. The case resulted in a $4.3 million verdict for plaintiff.

Hot Samba, Inc. vs. Caterpillar, Inc., 2004 WL 609797 (N.D.Ill. 2004). Represented plaintiff in claim of copyright infringement and trade secret misappropriation relating to an e-commerce software program. After a four week trial, the jury found in favor of the plaintiff on both claims, awarding compensatory and punitive damages.

Storm Impact, Inc. vs. Software of the Month Club, 13 F.Supp.2d 782 (N.D.Ill. 1998). Represented plaintiff in a copyright infringement trial involving unauthorized use of computer shareware. The case resulted in an award of statutory damages and attorney's fees to plaintiff.

Pioneer, Inc. vs. Hitachi High Technologies America, Inc., 74 U.S.P.Q.2d 1672 (2005). Represented Hitachi in a TTAB Opposition Proceeding concerning registration of a mark for video and audio products.

Nightingale vs. Nightingale-Conant Corporation. Co-counsel for the publisher in an arbitration matter relating to copyright ownership and royalty claims on the entire body of works of radio personality and author Earl Nightingale.

Natkin vs. Winfrey, 111 F.Supp.2d 1003 (N.D.Ill. 2000). Filed a report as an expert witness for plaintiff in copyright infringement case dealing with issues of work-made-for-hire and joint authorship of photographs of Oprah Winfrey show.


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