Tracy advises KeyCorp on intellectual property matters and is engaged as KeyCorp’s outside counsel on all patent and intellectual property disputes. Other representative intellectual property clients include, Master Lock, Invacare, Associated Materials, and United States Endoscopy Group, and complex civil litigation clients include, FirstEnergy, Swagelok, MedMutal of Ohio, and PCC Airfoils.
Recent Representative Intellectual Property Engagements:
- 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 (S.D. Tex.) - Copyright infringement action regarding on-line publications
- Maxim Integrated Products, Patent Litigation, Case No. 2:12-mc-00244 (W.D. Pa.) – Multi-district patent infringement action regarding online finacial transaction services.
- Stambler v. Intuit Inc., et al., Case No. 2:10CV00181 (E.D. 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 (N.D. Ohio) – Patent infringement action regarding a medical device.
- Invacare Corporation v. Merits Health Products, Inc., et al., Case No. 1:05CV2469 (N.D. Ohio) – Patent infringement action regarding medical equipment.
- Invacare Corporation v. Sunrise Medical Holdings, Inc., et al., Case No. 1:04CV1439 (N.D. Ohio) – Patent infringment action regarding power wheelchairs.
Recent Representative Complex Civil Engagements:
- Green, et al. v. KeyCorp, Case No. 1:12-cv-01048 (W.D. Tex.) – Dispute regarding contingent compensation in connection with a business acquisition.
- Riley, et al., v. KeyCorp, Case No. 1:11-cv-01150 (N.D. 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) - Commerical credit dispute.
- Developers Diversified Realty Corp. v. Vidalakis, et al., Case No. 06-CV-0234 (N.D. 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.
Tracy was identified by SuperLawyers 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. He has extensive practical technical experience in 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’ problems and servicing their needs.
Tracy is an active member of the Ohio and Cleveland Metropolitan Bar Associations. He served in the United States Navy from 1985 to 1990 and as the aerospace program manager for Thiokol Corporation from 1990 to 1994. Tracy was an associate with the law firm of Jones Day before joining Calfee in 1998. He became a partner with the firm in 2004.