Taylor English offers a true value proposition for my clients, which enables me to stay involved in every aspect of their matters and “get my hands dirty” with the day-to-day activities that maximize my knowledge of their cases and my effectiveness as an advocate.
Todd Jones chairs Taylor English’s Litigation and Dispute Resolution practice group and focuses his practice on intellectual property and other commercial disputes. Mr. Jones has handled to successful resolution cases across the country involving patents, trademarks, copyrights, trade secrets, restrictive covenants, false advertising, computer software, and e-commerce issues, as well as all manner of contract disputes. His representations have run the gamut of industry types, from airlines, technology companies, laboratories and manufacturers to retailers, educational companies and accounting firms. He also has represented all product types, from water and energy meters, medical devices, carpets, and package assemblies to beauty products, digital signage, heavy equipment and three-dimensional technology.
Mr. Jones has experience with class actions, shareholder and partnership disputes, Racketeer Influenced and Corrupt Organizations (RICO) Act claims, real estate disputes, defamation claims and various forms of alternative dispute resolution. He was a critical part of a team that serviced a Fortune 100 company in its groundbreaking National Discovery Counsel program. In addition, he has drafted and advised clients on restrictive covenants, technology/intellectual property license agreements and other contracts.
Prior to joining Taylor English, from 1984-2006, Mr. Jones practiced law at Powell Goldstein LLP (now Bryan Cave), one of Atlanta’s oldest and largest law firms, where he was a partner. He is married and has three children. In his spare time, he enjoys coaching sports, writing and playing an occasional round of high-handicap golf.
State Bar of Georgia, Intellectual Property Law Section, 1994-present
State Bar of Georgia, Intellectual Property Law Section, Litigation Committee, 2014-present
Atlanta Bar Association, 1994-present
Rotary Club of Atlanta West End, 1996-present; President, 2002-2003
Holy Spirit Church, Member
- Successful defense of Comverge, Inc. in patent infringement action relating to energy usage management
At the client’s request, we took over the defense of a large and hotly-contested patent infringement case brought by Nxegen LLC and Nxegen Holdings Inc. The patents involved systems and methods for remotely monitoring and adjusting energy usage. Facing a tight discovery schedule, we managed to produce, review and analyze a voluminous number of documents, take and defend approximately 30 depositions in a one-month period, amend the complaint to allege ...
- Dismissals of copyright claims and separate state action for international airline client sued over use of architectural plans
Represented major airline in claims brought by former vendor alleging misuse of architectural plans for office space. Won motion to dismiss state-court conversion claims, and in subsequent federal copyright-infringement case based on same underlying facts, conducted discovery and negotiated settlement in which plaintiff dismissed the case with prejudice and with no payments from our client.
After two-week jury trial in federal court in Atlanta, won a multi million-dollar verdict, including attorneys’ fees, on behalf of plaintiff (a company involved in 3-D imaging technology) for its failed acquisition by defendant. ND3D, B.V. v. Image Technology International, Inc.
Prevailed on summary judgment (affirmed on appeal by the Eleventh Circuit) on behalf of American Express in major copyright infringement action involving maps of Atlanta in a dining guide. Crownfire Publications v. American Express.
Led team defending EMS in arbitration in which claimant sought in excess of $40 million for alleged breach of representations and warranties in connection with its acquisition of a division of EMS. After a two-week hearing, the Arbitrator found for EMS on one of the products in issue and awarded only a fraction of the damages alleged by claimant on the other two products.
Led defense of patent infringement case involving claimed method to detect autism by analyzing bodily fluids. After we filed two motions for summary judgment, the parties reached a confidential settlement. Great Plains Laboratory, Inc. v. Metametrix Clinical Laboratory
Defended educational products company in lawsuit alleging infringement of copyrights in cards for assistance with speech therapy. The court granted our motion for summary judgment, finding that there was no infringement of any copyright in the selection and arrangement of Plaintiff’s cards as a matter of law. Ristuccia v. Super Duper, Inc.
- Achieved dismissal of patent claim and successful resolution of remaining claims in case involving SEC compliance information
Led defense of case involving allegations of patent infringement and related claims based on a method of mapping SEC compliance information into a usable format. We obtained a dismissal of the patent infringement claim and then reached a confidential settlement on the related claims. NewRiver, Inc. v. Prospectus Central, LLC.
Served on defense team for licensor of the Cabbage Patch Kids, in lawsuit brought by former independent contractor for breach of contract, who sought millions of dollars in damages. After a two-week jury trial and subsequent appeal to the Eleventh Circuit, prevailed on all claims brought by plaintiff as well as on a counterclaim, resulting in damages owed and paid to our client.
Represented leading carpet manufacturer and a subsidiary in defending a large trade secret case involving a method for manufacturing carpet cores from recycled materials. The parties reached a confidential settlement right before trial.
- Defeated TRO and Preliminary Injunction to Keep BattleFrog, LLC from Airing Obstacle-Course Race on ESPN.
Taylor English handled the successful defense of a motion for a temporary restraining order and preliminary injunction brought against our client, BattleFrog, LLC, a company that organizes and stages obstacle-course races that are televised on ESPN. The stakes in this case are very high, as plaintiff Modtruss, Inc., sought to prevent the airing of a recent BattleFrog race on ESPN and to enjoin our client from putting on additional races based on claims of alleged ...
- Defense of international consumer product manufacturer in suit alleging patent and trade dress infringement
Led defense of Georgia-based company in patent and trade dress litigation involving a consumer product. After initial aggressive discovery and a mediation, we achieved a favorable settlement for the client.
Led the defense against an inventor/patentee in a case involving claims of infringement of a patent related to a boat dock ladder. Successfully petitioned the USPTO to reexamine the asserted patents—resulting in cancellation of all claims of one patent and significant narrowing amendments to the remaining patent’s claims. After a favorable claim construction ruling from the Special Master, the case was dismissed with prejudice, with no payments from ...
- Defense of patent infringement claims asserted by patent troll ICH Intellectual Capital Holdings, Inc.
Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, ICH Intellectual Capital Holdings, Inc., for infringement of patents related to automated meter reading technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. ICH Intellectual Capital Holdings, Inc. v. Badger Meter, Inc., et. al.
- Brought patent infringement action against Datamatic Ltd. for Advanced Metering Infrastructure (AMI) systems
Represented Mueller Water Products, Inc. in action against Datamatic Ltd. alleging patent infringement of Mueller’s patents for technology relating to Advanced Metering Infrastructure (AMI) systems. Negotiated a favorable settlement with defendant. Mueller International, LLC et al v. Datamatic Ltd.
- Represented Mueller Water Products in declaratory judgment actions involving patents and alleged trade secrets
Represented Mueller Water Products, Inc. in suits for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by defendant, non-misappropriation of the defendants’ alleged trade secrets, and validity, inventorship, and ownership of client’s patent. Mueller Systems, LLC et al v. Teti et al.
Represented several outdoor advertising companies in actions brought by a patent troll, T-Rex Property AB, for infringement of patents related to digital advertising technology. The parties reached a confidential settlement.
Currently representing Mueller Water Products, Inc. in a suit for declaratory judgments of non-infringement and invalidity of competitor’s patents relating to pipe couplings. Successfully deferred litigation after filing reexamination requests, which were granted by the USPTO. Mueller Water Products, Inc. et al v. Victaulic Company.
- Successful defense of various distributors in patent infringement actions relating to pipe couplings
Successfully transferred, deferred, or achieved dismissal of numerous patent infringement suits brought against a client’s distributors in favor of declaratory judgment suit filed by the client, the product manufacturer.
Resolved several cases in which client, a national gift and home goods manufacturer, asserted trade dress and design patent infringement claims against competitors. The cases involved the popular cylindrical packaging for wine glasses.
- Current representation of Mueller Co. in unfair competition and false advertising case involving fire hydrants
Currently representing Mueller Co. in case against competitor pending in Massachusetts. The case involves claims of unfair competition and defamation relating to the sale of fire hydrants.
In a case involving allegations of copyright infringement of interior design portfolio photographs and related defamation claims, we achieved a settlement for our client, Meg Adams Interior Design, Inc.
Achieved successful resolution of lawsuit involving copying of clients' "ABC’s of Life" poem, which was reproduced without permission on posters and plaques.
Achieved prompt and full dismissal of all claims against publishing company relating to a contractual dispute with advertiser. Following the filing of our motion to dismiss, the plaintiff dismissed the action in the Northern District of Georgia.
- Successful defense of copyright and trade secret claims against client accused of improperly accessing software in check processing equipment
Represented Symco Group, Inc., a company that serviced check processing equipment, in a copyright infringement and trade secret action in the Northern District of California. The plaintiff alleged that Symco, as part of its regular servicing process, was improperly accessing the plaintiff’s software and therefore violating its copyrights in the software source code that was embedded in the check processing equipment. Following the court’s dismissal of ...
Achieved favorable settlement for client defending claims of copyright infringement for medical billing software.
- Achieved favorable outcome for medical device company defending patent infringement and false marking claims
Represented Byrne Medical in patent infringement and false marking case relating to endoscopic devices. Negotiated favorable confidential settlement.
Represented Mueller Water Products, Inc. in action against Singer Valve, Inc. and Singer Valve, LLC alleging patent infringement of Mueller’s patent for an apparatus for the enhancement of water quality in a subterranean pressurized water distribution system. Negotiated a favorable settlement with defendants. Mueller Water Products, Inc. v. Singer Valve, Inc. and Singer Valve, LLC.
Handling the defense of a case for Comverge, Inc. in which the plaintiff, a non-practicing entity, has claimed that Comverge has infringed certain claims of a patent related to premises-monitoring technology. The case is presently in its early stages. Joao Control & Monitoring Systems v. Comverge, Inc.
Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, Endeavor MeshTech, for infringement of a patent related to premises-monitoring technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. Endeavor MeshTech, LLC v. Mueller Water Products.
Led the defense of H-E Parts against ESCO Corporation in a case involving allegations of trademark infringement and infringement of a patent related to excavator teeth on heavy equipment. We negotiated a favorable settlement with plaintiff. Esco Corporation v. H-E Parts et al.
Led the defense of Royal Metal against an inventor/patentee in a case involving claims of infringement of a patent related to industrial package assemblies. We negotiated a favorable settlement with plaintiff. Gray v. Royal Metal et al.
Handled two cases for separate defendants, Ascendx Spine and Sintea Plustek, LLC, in the District of Delaware. Both cases were brought by Orthophoenix, LLC, a non-practicing entity, and involved claims of infringement of certain patents involving medical device technology. The parties in both cases reached confidential settlements. Orthophoenix, LLC v. Ascendx Spine; Orthophoenix, LLC v. Sintea Plustek.
Handled the defense of Allure Global in a case brought by a non-practicing entity, Activelight, Inc., involving allegations of infringement of patents related to digital signage. The parties reached a confidential settlement. Activelight, Inc. v. Allure Global, et al.
Led defense of third-party claims for defense and indemnification in patent infringement case involving technology designed to obscure credit card numbers on receipts. The parties reached a confidential settlement. Ware v. Genesco v. Micros Systems, Inc. and Datavantage Corporation.
Handled the defense of Expression Beauty Works in a case involving claims of infringement of a patent related to crackle nail polish. Negotiated a favorable settlement with plaintiff. Kirker Enterprises v. Expression Beauty Works.
Led defense of claims of misappropriation of trade secrets and breach of loyalty in connection with departure of group of employees and establishment of competitive business. The parties reached a confidential settlement. Wells Fargo Foothill, Inc. v. Cratos Capital Partners, LLC.
Represented HD Supply in defending claims of breach of licensing agreement with software provider. Obtained quick dismissal of the case with prejudice. Appsense, Ltd. v. HD Supply Construction Supply, Ltd.
Led defense of New Hampshire-based company in patent and trade dress litigation involving drop prevention products. Assisted prosecution counsel with successful petition for Inter Partes Review at USPTO and successfully deferred related litigation, resulting in a favorable settlement for the client.
Represented defendants in a large case involving claims for tortious interference, breach of restrictive covenants, and unjust enrichment in connection with the importation and sale of industrial yarn. After extensive discovery and our filing of a lengthy motion for summary judgment, the parties reached a confidential settlement.
Represented defendant accounting firm on claim of accounting malpractice. Obtained dismissal of case before discovery, and case was never re-filed.
Represented HD Supply in defending claims of breach of lease and in asserting counterclaims for money had and received and related claims. The parties reached a confidential settlement.
- Moderator, "Intellectual Property Issues: The Experts' View," The Changing Standards of Litigation ManagementOctober 30, 2013
- Moderator, "Maximizing ROI for In-house Litigation Counsel," Atlanta, Ga.October 10, 2012
- "Proving and Attacking Attorney Fee Claims," Contract LitigationAugust 22, 2008
- "What Every Employment Lawyer Should Know About Intellectual Property Law," IP, Technology & Trade Secrets in Employment LawJuly 18, 2005
- "Proving and Attacking Attorney Fee Claims," Contract Litigation, Institute of Continuing Legal Education in Georgia, Chapter 2: pp. 1-33, August 22, 2008
- "What Every Employment Lawyer Should Know About Intellectual Property Law," IP, Technology & Trade Secrets in Employment Law, Law Seminars International, Chapter 2, July 18, 2005
- With Jason A. Bernstein, Scott W. Creasman, John W. Harbin, Hilary Harp, Ryan T. Pumpian, Charles L. Warner, James Remenick and Olivia Luk. "Congressmen Introduce Sweeping Patent Reform Bill," Powell Goldstein LLP, June 23, 2005
- With Robert Barker. "Supreme Court Reverses Criminal Conviction Of Arthur Andersen for Destroying Documents in Enron Case," Powell Goldstein LLPJune 7, 2005
- May 10, 2016
- Litigation and Dispute Resolution
- Intellectual Property
- Entertainment, Sports and Media
Yale University Law School, JD, 1984
Vanderbilt University, BA, summa cum laude, 1981
- Phi Beta Kappa, 1980; Harold Stirling Vanderbilt Academic Scholarship, 1977-1981
Courts & Adjudicative Bodies
U.S. District Court for the Northern District of Georgia
U.S. District Court for the Middle District of Georgia
U.S. Court of Appeals for the 3rd Circuit
U.S. Court of Appeals for the 11th Circuit
Georgia Super Lawyers, 2015-2016
2013 Top Rated Lawyer in Intellectual Property published by Corporate Counsel and The American Lawyer
Georgia Trend Legal Elite, 2010