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Tracy Scott Johnson

Attorney Profile

Top Rated Intellectual Property Litigation Attorney in Cleveland, OH

Calfee, Halter & Griswold LLP
1405 East Sixth Street
Cleveland, OH 44114
Phone: 216-622-8564
Fax: 216-241-0816
Selected to Super Lawyers: 2013 - 2016
Licensed in Ohio Since: 1995
Practice Areas: Intellectual Property Litigation (50%), Intellectual Property (40%), Business Litigation (10%)
Attorney Profile

Tracy Johnson is a Partner with Calfee's Intellectual Property and Litigation practice groups who specializes in advising clients on responding to and defending against patent infringement claims asserted by non-practicing entities (Patent Trolls). He advises clients regarding avoiding and managing risks associated with intellectual property rights and claims. He also represents business clients in a variety of complex intellectual property and commercial civil litigation matters including class actions.

Tracy currently serves as outside intellectual property counsel to both KeyCorp and FirstEnergy Corp. Other representative intellectual property clients include MTD Products, Automated Packaging Systems, Master Lock, Invacare, Associated Materials and United States Endoscopy Group.

In addition to litigating intellectual property claims, Tracy also represents clients in a variety of complex commercial disputes including securities fraud class actions and disputes over asset purchase, stock purchase, and technology development and delivery agreements. Representative commercial dispute clients include FirstEnergy Corp., Swagelok, Medical Mutual of Ohio and PCC Airfoils.

Tracy was recognized by Ohio Super Lawyers as one of the Top 50 Attorneys in Cleveland and Top 100 Attorneys in Ohio in 2014.

Prior to practicing law, Tracy served in the United States Navy as a nuclear engineer and worked as an aerospace program manager with Thiokol Corporation overseeing the manufacture of satellite rocket motors. He has extensive knowledge of and technical experience with power systems, electrical, mechanical and systems engineering, power generation and distribution, computer science, chemistry and physics. He also has substantial business experience, which aids him in understanding his clients’ challenges and servicing their needs.

Tracy started practicing law with Jones Day in 1994 before joining Calfee in 1998. He became a partner with the firm in 2004.

About Tracy Scott Johnson

First Admitted: 1995, Ohio

Professional Webpage: https://www.calfee.com/professionals-tracy-scott-johnson

Newsletters

  • For a period of years, Patent Trolls (entities whose primary business is to seek revenue from patent suits) were relatively inactive due, in part, to a series of changes in patent litigation law and practice. However, earlier this year we noted that a number of clients had recently received threatening correspondence from Patent Trolls, something they had not seen for several months. Further, two Patent Trolls had taken the extraordinary step of filing patent infringement actions against Northeast Ohio companies in the local courts. Zavala Licensing LLC v. Winncom Technologies Corp., Case No. 1:19-cv-229 (N.D. Ohio); Landmark Technology A, LLC v. U.S. SafetyGear, Inc., Case No. 4:19-cv-270 (N.D. Ohio)., Patent Troll Chooses Northeast Ohio to Sue a Wisconsin Corporation, Intellectual Property

Representative Clients

  • Associated Materials
  • Automated Packaging Systems
  • FirstEnergy Corp.
  • Invacare Corporation
  • KeyCorp
  • Master Lock
  • Medical Mutual of Ohio
  • MTD Products
  • PCC Airfoils
  • Swagelok
  • United States Endoscopy Group

Verdicts/Settlements

  • Terves LLC v. Thompson Aluminum Casting Co., Case No. 1:19-cv-01462-DAP (N.D. Ohio) - Obtained early voluntary dismissal of incompletely investigated patent infringement claims covering oil and gas well drilling equipment.
  • Automated Packaging Systems, Inc. v. Free-Flow Packaging International, Inc., Case No. 3:18-cv-00356 (ND Ca.) – Patent infringement action regarding configuration of plastic films used in fabrication of air dunnage units.
  • The Lincoln Electric Co, et al. v. Harbor Freight Tools USA, Inc., Case No. 1:17-cv-02329 (ND Ohio) – Patent infringement action regarding welding units seeking a preliminary injunction.
  • Free-Flow Packaging International, Inc. v. Automated Packaging Systems, Inc., Case No. 5:17-cv-02318 (ND Ohio) – Patent infringement action regarding configuration of plastic films used in fabrication of air dunnage units.
  • The Toro Company v. MTD Products Inc, IPR2016-00194; The Toro Company v. MTD Products Inc, IPR2016-00219; The Toro Company v. MTD Products Inc, IPR2016-01352 – Inter Partes Review of lawn mower drive and steering systems.
  • MTD Products Inc v. Toro Company et al., Case No. 1:15-cv-00766-PAG (ND Ohio); MTD Products Inc v. Toro Company et al., Case No. 1:16-cv-00297-SL (ND Ohio) – Patent infringement actions regarding lawn mower drive and steering system integration patent.
  • Olivistar LLC v. FirstEnergy Corp., Case No. 2:15-cv-409 (ED Tx.) – Patent infringement action regarding remote control of electronic devices.
  • Data Carriers, LLC v. FirstEnergy Corp., Case No. 2:15-cv-79 (ED Tx.) – Patent infringement action regarding transport tracking technology.
  • Joao Bock Transactions Systems, LLC v, KeyCorp, et al., Case No. 7:14-CV-02883 (S.D.N.Y.) – Patent infringement action regarding computer systems for securing bank transactions.
  • Master Lock Company LLC v. Toledo & Co., Inc., Case No. 3:13-cv-01658 (D.P.R.) – Patent infringement action regarding padlocks and packaging.
  • Energy Intelligence Group Inc., et al. v. Keybanc Capital Markets, Inc., Case No. 4:13-cv-01252 (SD Tex.) – Copyright infringement action regarding online publications.
  • Maxim Integrated Products, Patent Litigation, Case No. 2:12-mc-00244 (WD Pa.) – Multi-district patent infringement action regarding online financial transaction services.
  • Stambler v. Intuit Inc., et al., Case No. 2:10CV00181 (ED Tx.) – Patent infringement action regarding online financial transaction services.
  • United States Endoscopy Group, Inc. v. ConMed Endoscopic Technologies, Inc., et al., Case No. 1:06CV1253 (ND Ohio) – Patent infringement action regarding a medical device.
  • Invacare Corporation v. Merits Health Products, Inc., et al., Case No. 1:05CV2469 (ND Ohio) – Patent infringement action regarding medical equipment.
  • Invacare Corporation v. Sunrise Medical Holdings, Inc., et al., Case No. 1:04CV1439 (ND Ohio) – Patent infringement action regarding power wheelchairs.
  • Green, et al. v. KeyCorp, Case No. 1:12-cv-01048 (WD Tex.) – Dispute regarding contingent compensation in connection with a business acquisition.
  • Riley, et al. v. KeyCorp, Case No. 1:11-cv-01150 (ND Ohio) – Dispute regarding contingent compensation in connection with a business acquisition.
  • Mikulski v. Centerior Energy Corp., et al., Case No. 01CV457866 (Cuyahoga Cty. CCP); Mikulski v. The Cleveland Electric Illuminating Co., Case No. 02CV490019 (Cuyahoga Cty. CCP); Mikulski v. Centerior Energy Corp., et al., Case No. 02CV490020 (Cuyahoga Cty. CCP); Mikulski v. The Toledo Edison Co., Case No. CI200206364 (Lucas Cty. CCP) – Series of four shareholder class actions based upon the reporting of distribution.
  • AQR Absolute Return Master Account L.P., et al. v. Centurion Credit Funding LLC, et al., Case No. 10CV340 (Columbiana Cty. CCP) – Commercial credit dispute.
  • Developers Diversified Realty Corp. v. Vidalakis, et al., Case No. 06-CV-0234 (ND Ohio) – Dispute regarding contingent compensation in connection with a business acquisition.
  • FirstEnergy Ventures Corp., et al. v. NRG Energy, Inc., et al. (Private Arbitration) – Dispute regarding $1.4 billion acquisition of generating assets.
  • DOJ Investigation of PCC Airfoils (and United Technologies Corporation) in connection with 4th Stage Turbine Blade Failures – FCA investigation.

Bar/Professional Activity

  • Ohio
  • U.S. Patent and Trademark Office
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Supreme Court

Educational Background

  • J.D., magna cum laude, Widener University School of Law, 1994
  • B.S. in Physics, with distinction, United States Naval Academy, 1985

Honors/Awards

  • Top 50 Attorney in Cleveland and Top 100 Attorney in Ohio (2014), Ohio Super Lawyers, 2016

Industry Groups

  • Aviation
  • Banking
  • Energy And Utilities
  • Financial Services
  • Insurance
  • Life Sciences
  • Manufacturing And Industrial
  • Medical Devices
  • Pharmaceuticals
  • Public Companies
  • Software And Information Technology
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Office Location for Tracy Scott Johnson

1405 East Sixth Street
Cleveland, OH 44114

Last Updated: 5/28/2021

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