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, MedMutual 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 financial 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 infringement 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) - Commercial 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 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. 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.
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.
- Ensuring Your E-Discovery Procedures Are In Compliance With The New Rules, E Discovery: Applying the New Federal Rules of Civil Procedure, National Business Institute (NBI), December 7, 2007.
- In re Seagate Technology, LLC: The Changing Face of Willful Infringement, Cleveland Intellectual Property Law Association (CIPLA), January 23, 2008.
- Find it Free & Fast on the Net, Strategies for Legal Research on the Web, National Business Institute (NBI), April 2-3, 2008.
- Protecting Privilege During E-discovery (with Pete Rosato), 9th Annual Complex Litigation Seminar, Calfee, Halter & Griswold, LLP, July 31, 2008.
- Production Of Electronic Evidence, E Discovery: Now What?, National Business Institute (NBI), December 17, 2008.
- Preservation And Document Retention/Destruction, E Discovery: Now What?, National Business Institute (NBI), December 17, 2008.
- Electronic Discovery (with James Lang), Calfee, Halter & Griswold, LLP, January 29, 2009.
- No Free Lunch: Litigation Risks From Bailout Legislation (with Scott Matasar), 10th Annual Complex Litigation Seminar, Calfee, Halter & Griswold, LLP, August 6, 2009.
- What Types of Damages Apply to a Case - Recent Case Law, Damages: Current Trends and Strategies, National Business Institute (NBI), October 8, 2009.
- Punitive Damages After Philip Morris and Exxon, Damages: Current Trends and Strategies, National Business Institute (NBI), October 8, 2009.
- With Infringement Remedies Available, Will Open Source Litigation Run Rampant? Ohio State Bar Assoc. Intellectual Property Section Newsletter, Summer 2009.
- Intellectual Property Litigation
- Securities Litigation
- Business, Corporate and Commercial Litigation
- Widener University School of Law, J.D., magna cum laude, 1994
- United States Naval Academy, B.S. in Physics, with distinction, 1985
- State of Ohio
- U.S. Patent and Trademark Office
- U.S. District Courts (Northern District of Ohio, Eastern District of Michigan and Western District of Pennsylvania)
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Supreme Court