Robert Theuerkauf

Principal Partner

(502) 625-2747

RTheuerkauf@GrayIce.com

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Robert Theuerkauf is a registered patent attorney and the Chair of the Intellectual Property Litigation Practice Group whose practice focuses on patent, trademark, copyright, and trade secret litigation.  Robert has represented and tried cases for major corporations in federal courts across the United States, as well as arbitration forums, involving a wide range of technologies.  Such technologies include devices and methods in the medical, software, power tool, water sport, lawn care, agricultural, commercial lighting, air filter, and chemical industries.  Robert also represents clients before the Patent Trial and Appeal Board and before the Federal Circuit Court of Appeals.

Robert Theuerkauf’s Experience

  • Obtained a jury verdict of $11.8 million in favor of his client in a patent infringement action against its competitor. The suit involved patented technology related to an industry changing agricultural device for emptying grain bins.  The jury returned a verdict in his client’s favor on all counts, including a finding that the Defendants’ infringement was willful.  Prior to trial, he obtained summary judgment on the Defendants’ patent invalidity counterclaim (Sioux Steel Company v. Prairie Land Millwright Services, Inc., et al., United States District Court for the Northern District of Illinois, Case No. 16-cv-2212).
  • Obtained a jury verdict of $1.4 million in favor of his client in a patent infringement action against its competitor and its U.S. subsidiary. The suit involved patented technology related to the first commercial, personal hydrofoil watercraft.  The jury returned a verdict in his client’s favor on all counts, including a finding that the Defendants’ infringement was willful and that the patents were not invalid (MHL Custom, Inc. v. Waydoo USA, Inc., et al., United States District Court for the District of Delaware, Case No. 21-cv-0091).
  • Obtained a dismissal in favor of his client on all patent infringement, trade secret misappropriation, and breach of contract claims brought by a national franchise company. He further obtained an award of sanctions in favor of his client for the full attorneys’ fees, costs, and expenses incurred by his client in the litigation (Sub Zero Franchising, Inc. v. Frank Nye Consulting, LLC, et al., United States District Court for the District of Utah, Case No. 15-cv-00821).
  • Defended two separate patent infringement actions against his client and its use of technology related to the loading and testing of catalyst in tubular reactors. He successfully resolved both actions after receiving an affirmation of summary judgment by the Federal Circuit in the first action and obtaining summary judgment in the second action (Cat Tech LLC v. TubeMaster, Inc., United States District Court for the Southern District of Texas, Case Nos. 07-cv-01163 and 05-cv-03050).
  • Kentucky
  • U.S. Supreme Court
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court, Western District of Kentucky
  • U.S. District Court, Eastern District of Kentucky
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Northern District of Illinois
  • University of Louisville, J.D., cum laude, 2001
  • University of Kentucky, B.S. (Agricultural Biotechnology), 1994

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