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Jeffrey D. Dyess

Contact

P: 205.521.8288
F: 205.488.6288
Secretary:
P: 205.521.8264

Jeffrey D. Dyess

Partner

Jeff is a partner in the Birmingham, Alabama, office of Bradley Arant Boult Cummings LLP and currently serves as the Co-Chair of the firm’s Intellectual Property Litigation Practice Team. His practice combines an active intellectual property litigation practice with almost two decades of experience in commercial litigation.

A successful trial attorney for more than 15 years, he has crafted cases dealing with major patent, copyright, and trademark infringement, as well as trade secret misappropriation. Jeff represents both plaintiffs and defendants in the prosecution and defense of intellectual property and commercial matters. He has also managed litigation in the areas of contracts, commercial fraud, banking, financial institution and electronic funds transfer, product liability, and probate and estates.

Jeff is a partner in the Birmingham, Alabama, office of Bradley Arant Boult Cummings LLP and currently serves as the Co-Chair of the firm’s Intellectual Property Litigation Practice Team. His practice combines an active intellectual property litigation practice with almost two decades of experience in commercial litigation.

A successful trial attorney for more than 15 years, he has crafted cases dealing with major patent, copyright, and trademark infringement, as well as trade secret misappropriation. Jeff represents both plaintiffs and defendants in the prosecution and defense of intellectual property and commercial matters. He has also managed litigation in the areas of contracts, commercial fraud, banking, financial institution and electronic funds transfer, product liability, and probate and estates.

He has represented clients in more than 25 jury trials, bench trials, and evidentiary hearings, and his experience includes:

IP Litigation

  • Patent Infringement Claims and Non-Infringement/Invalidity Counterclaims
  • Theft of Trade Secret Claims
  • Enforcement of Sensitive and Management Employee Non-Compete Agreements
  • Software Copyright Infringement Claims
  • Architectural Plan/Rendering Copyright Claims
  • Trademark Infringement Claims for National Periodical Publishers
  • Intellectual Property Claims for Emergency Injunctions

General Commercial Litigation

  • Bank Officer and Director Liability Claims
  • Financial Institution Fraud Litigation
  • Racketeer Influenced and Corrupt Organizations Act (RICO) Litigation
  • Pre-Judgment Seizure of Commercial Equipment Collateral
  • Special Asset Recovery for Financial Institutions
  • Business Interruption/Commercial Loss Accident Litigation
  • Employee Contract/Termination Claims
  • Bankruptcy Adversary Proceedings

General Litigation

  • Product Liability Litigation for International Tire Manufacturers
  • Product Liability Litigation for International Pharmaceutical Companies
  • Wrongful Death & Injury Litigation for Interstate Transportation Companies
  • Defamation Claims
  • First Party Insurer Bad Faith Litigation

Jeff earned his Juris Doctorate, magna cum laude, from the Cumberland School of Law at Samford University. After Law School, Jeff clerked for the Honorable William M. Acker, Jr., in the United States District Court for the Northern District of Alabama. Jeff graduated summa cum laude from Auburn University with a bachelor’s degree in Industrial Engineering. In addition to being admitted to practice in the State of Alabama and all federal courts in Alabama, Jeff is admitted to practice before the Eleventh Circuit Court of Appeals and is a member of the United States Patent Bar.  Jeff has appeared as counsel before U.S. District Courts in California, Florida, Georgia, Maryland, and Wisconsin.

Representative Cases

Wolf Run Hollow, LLC v. Online Resources Corp. (U.S.C.D. Ca. 2:12-cv-00977-GW-AGR)
The firm represents Online Resources Corp., one of the nation's largest processors of bank and credit card payment transactions, in this patent infringement action. Subject matter of the patent is a business method for sending secure messages across an insecure network.

InDyne, Inc. v. Abacus Technology Corp., et al. (11th Cir. 12-13345-DD; U.S.M.D. Fla. 6:11-cv-00137-ACC-DAB; 2011-CA-013914-O, 9th Cir. Orange County, Fla.)
The firm is currently representing Plaintiff InDyne, Inc. in this copyright infringement action. InDyne owns the copyright in Program Information Management System (PIMS) software, which was copied without permission by employees of Defendant Abacus. Also pending in Florida State Court are related state court claims of theft of trade secrets and conversion that were severed by the federal court.

Online Resources Corp. v. Autoscribe Corp., et al. (U.S.D. Md. 8:11-cv-1801-JFM)
The firm represents Online Resources Corporation, one of the nation's largest processors of bank and credit card payment transactions, in this patent infringement action. The firm filed a declaratory judgment action in federal court in Maryland seeking a declaration that it did not infringe claims of a family of patents held by defendants or, alternatively, that these patents are invalid. Subject matter of the patents is business methods and systems for processing bill payments taken over the phone. Defendants filed counterclaim alleging infringement.

Stambler v. Intuit, Inc., et al. (U.S.E.D. Tex. 2:10-cv-00181-DF -CE)
Defense of patent infringement claims that the technology and methods used by defendants to process a variety of financial transactions infringed patents owned by the plaintiff.

Wisconsin Emer. Technicians Ass’n v. EMS-PRO LLC (U.S.E.D. Wis. 2:10-cv-00123-JPS)
Defended publishing company against claim that one of its publications, distributed in the field of first responders, violated the trademarks of a Wisconsin-based EMT association. Successfully fought off motions for emergency and preliminary injunctions prior to negotiating favorable settlement of claims.

Mayer Electric Supply Company, Inc. v. Atlanta Electrical Distributors, LLC (U.S.N.D. Ala. CV-08-LSC-678)
We brought claims on behalf of Mayer Electric Company against two former sales employees and their competing company, formed before they left Mayer Electric’s employment, for breach of fiduciary duty and misappropriation of trade secrets arising from the defendants’ pre-departure solicitation of Mayer Electric’s customers. We also defended Mayer Electric from defendants’ counterclaims alleging defamation and intentional interference with business relations.

William E. Poole Designs, Inc. v. Southern Living, Inc. (U.S.N.D. Ala. CV-05-BE-65-S)
We defended Southern Living against alleged copyright infringement of numerous house plans and artists renderings, in which plaintiff home designer’s damages claim exceeded $100 million. We also asserted counterclaims for trademark infringement arising from the plaintiff’s use of the Southern Living trademark in internet keyword advertising, sponsored ads, and as website metatags. A favorable settlement was reached after oral argument on our Daubert motion to exclude plaintiff’s expert witnesses and our motion for discovery sanctions.

EBSCO Industries, Inc. v. Belco Services, Inc., et al. (N.D. Ala. CV-03-BE-3253-S)
We successfully represented a business unit of EBSCO Industries to enforce non-disclosure agreements and to protect trade secrets in an action against former employees and their newly formed company. Following two days of testimony, the Court entered a preliminary injunction. We then negotiated a settlement that resulted in entry of a permanent injunction against all defendants. Other terms of the settlement are confidential.

Sunrise Hosiery of Georgia, Inc. v. Russell Corporation (Circuit Court of DeKalb County, AL CV-04-183)
Defended Russell Corporation in this commercial dispute over rights under manufacturing licensing agreements.

 

Experience

Jeff has handled to resolution dozens of cases as lead and principal counsel. Jeff represents clients in the following industries: Banking, Publishing, Tires, Insurance, Transportation/Commercial Carriers, Sales and Distribution, HVAC Manufacturing, and Bottled Water Manufacturing.

Memberships and Affiliations

  • DRI (formerly known as Defense Research Institute)
    • Commercial Litigation Committee Chair, Annual Program Committee, present
    • Commercial Litigation Committee Vice Chair, Annual Program Committee, 2011-2012
    • Commercial Litigation Committee Marketing Chair, Annual Program Committee, 2010-2011
    • Steering Committee, Commercial Litigation Committee, 2010-present
    • Trial Tactics Committee, Steering Committee AL State Liaison, 2008-2009
  • Alabama Defense Lawyers Association
  • Birmingham Bar Association
  • Greater Birmingham Auburn Club, Advisory Board

You May Not Know

Jeff is married to Jessica Faulkner Dyess of Columbus, Georgia. He has four children, three daughters and a son. One of Jeff’s favorite activities over the years has been coaching youth sports -- has coached each of his children in one or more of soccer, softball, baseball and basketball.