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Coke Morgan Stewart

Coke Morgan Stewart
Counsel
coke.stewart@kayescholer.com

Washington, DC
T: (202) 682-3687 F: (202) 414-0335

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Coke Morgan Stewart is a skilled trial and appellate lawyer with extensive experience in complex intellectual property disputes. Ms. Stewart has participated in numerous trials, and has served as lead counsel in several cases. Most recently, she prevailed in a patent infringement jury trial in the Eastern District of Texas (Marshall Division). She has been involved in a number of United States Circuit Court appeals, including three successful appeals before the United State Courts of Appeals for the Federal Circuit in the past 24 months. MORE

As a result of these and other matters, Ms. Stewart has participated in litigation in federal and state courts in Arizona, Arkansas, Connecticut, the District of Columbia, Florida, Illinois, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Tennessee, Texas, and Virginia. Ms. Stewart is also an experienced public speaker, having conducted presentations for groups ranging from two to 800.

Ms. Stewart served as a law clerk to the Honorable James T. Turner, United States Court of Federal Claims, from 1997 to 1998.

Professional Associations

Ms. Stewart serves in the leadership of the American Bar Association Section of Litigation as co-chair of the Intellectual Property Committee, and as a member of the Special Committee on Jury Innovations. She is also a member of the American Intellectual Property Law Association, and the Fourth Circuit Judicial Conference.

In July 2007, Ms. Stewart was elected to serve in the leadership of the District of Columbia Bar as a member of the Law Practice Management Steering Committee.

Pro Bono Work

Ms. Stewart has successfully represented clients in several immigration removal proceedings, and has served as a member of Kaye Scholer’s firmwide pro bono committee and as the Community Outreach Coordinator for the Law Practice Management Section of the District of Columbia Bar.

Ms. Stewart’s volunteer work also includes service as a Director of Women Under Forty PAC, a nonprofit organization raising money for women running for Congress, and service as a director of Running Start, a nonprofit organization educating young women about politics.

Authored Books and Articles

Ms. Stewart authored a chapter in an ABA book on law firm management. The book, Raise the Bar, is a collection of 18 essays by several prominent lawyers about solutions to challenges facing the profession. Ms. Stewart’s chapter addresses partner-associate relations in large law firms.

Ms. Stewart has written numerous articles on lawyer professional development, including an October 2006 article, published in Legal Times, on how associates in large firms should manage their time.

> Representative Matters (Show All)
Cooper Technologies Company v. Thomas & Betts Corporation (E.D. Tex. September 8 – 11, 2008)
Represented defendant Thomas & Betts in a patent infringement case in Marshall, Texas, involving high-voltage electrical connectors, resulting in a jury verdict that the two asserted patents were invalid for anticipation and obviousness.
Barry Fiala, Inc. v. Stored Value Systems, Inc. (W.D. Tenn. October 16 – November 3, 2006)
Represented defendant Stored Value Systems in a patent infringement case involving gift card technology, resulting in a jury verdict that the patent was not infringed, invalid for obviousness, invalid for failure to name all of the inventors, and unenforceable due to inequitable conduct before the United States Patent and Trademark Office.
Imagexpo L.L.C v. Microsoft Corporation (E.D. Va. November 3 – 14, 2003)
Represented plaintiff Imagexpo in a patent infringement case involving Microsoft’s NetMeeting software, resulting in the jury awarding $62.3 million, the eighth-largest jury verdict in federal court in 2003, and finding that Microsoft willfully infringed the patent.
Cooper Technologies Company v. USPTO and Thomas & Betts Corporation (Fed. Cir. 2008)
Represented appellee Thomas & Betts regarding the United States Patent and Trademark Office’s interpretation of the statute establishing inter partes reexamination of patents. Successfully obtained relief through the Federal Circuit’s affirmance of the district court’s grant of summary judgment.
Realsource, Inc. v. Costco Wholesale Corporation (Fed. Cir. 2008)
Represented appellee Costco and successfully obtained affirmance of lower court’s grant of summary judgment of non-infringement of a patent involving gift card technology.
Every Penny Counts v. First Data Corporation, et al. (M.D. Fla. 2008)
Represented Comdata Stored Value Solutions in patent infringement case involving prepaid debit cards and electronic funds transfer, and obtained dismissal of matter based on summary judgment of non-infringement.
Cooper Technologies Company v. USPTO and Thomas & Betts Corporation (E.D. Va. 2007)
Represented intervenor Thomas & Betts regarding the United States Patent and Trademark Office’s interpretation of the statute establishing inter partes reexamination of patents and successfully obtained dismissal of the matter on summary judgment.
Venetian Casino Resort, LLC v. VenetianGold.com (E.D. Va. 2005)
Represented plaintiff in a trademark and domain name dispute, successfully defeated counterclaims on a motion to dismiss, and obtained relief through the court’s granting of plaintiff’s motion for summary judgment.
> Trial Victories
Cooper Technologies Company v. Thomas & Betts Corporation (E.D. Tex. September 8 – 11, 2008)
Represented defendant Thomas & Betts in a patent infringement case in Marshall, Texas, involving high-voltage electrical connectors, resulting in a jury verdict that the two asserted patents were invalid for anticipation and obviousness.
Barry Fiala, Inc. v. Stored Value Systems, Inc. (W.D. Tenn. October 16 – November 3, 2006)
Represented defendant Stored Value Systems in a patent infringement case involving gift card technology, resulting in a jury verdict that the patent was not infringed, invalid for obviousness, invalid for failure to name all of the inventors, and unenforceable due to inequitable conduct before the United States Patent and Trademark Office.
Imagexpo L.L.C v. Microsoft Corporation (E.D. Va. November 3 – 14, 2003)
Represented plaintiff Imagexpo in a patent infringement case involving Microsoft’s NetMeeting software, resulting in the jury awarding $62.3 million, the eighth-largest jury verdict in federal court in 2003, and finding that Microsoft willfully infringed the patent.
> Federal Circuit Affirmances
Every Penny Counts v. Comdata Stored Value Solutions (Fed. Cir. 2009)
Represented appellee Comdata Stored Value Solutions and obtained affirmance of lower court’s claim construction and grant of summary judgment.
Cooper Technologies Company v. USPTO and Thomas & Betts Corporation (Fed. Cir. 2008)
Represented appellee Thomas & Betts regarding the United States Patent and Trademark Office’s interpretation of the statute establishing inter partes reexamination of patents. Successfully obtained relief through the Federal Circuit’s affirmance of the district court’s grant of summary judgment.
Realsource, Inc. v. Costco Wholesale Corporation (Fed. Cir. 2008)
Represented appellee Costco and successfully obtained affirmance of lower court’s grant of summary judgment of non-infringement of a patent involving gift card technology.
> Dispositive Motions Granted
Juniper Networks, Inc. Bahattab (D.D.C. 2009)
Represented Juniper Networks and secured summary judgment of non-infringement of a patent involving network routers.
Every Penny Counts v. First Data Corporation, et al. (M.D. Fla. 2008)
Represented Comdata Stored Value Solutions in patent infringement case involving prepaid debit cards and electronic funds transfer, and obtained dismissal of matter based on summary judgment of non-infringement.
Cooper Technologies Company v. USPTO and Thomas & Betts Corporation (E.D. Va. 2007)
Represented intervenor Thomas & Betts regarding the United States Patent and Trademark Office’s interpretation of the statute establishing inter partes reexamination of patents and successfully obtained dismissal of the matter on summary judgment.
Venetian Casino Resort, LLC v. VenetianGold.com (E.D. Va. 2005)
Represented plaintiff in a trademark and domain name dispute, successfully defeated counterclaims on a motion to dismiss, and obtained relief through the court’s granting of plaintiff’s motion for summary judgment.
> Injunctive Relief Secured
Medical Equipment & Maintenance Co. v. Diversified Laboratory Repair, Inc. (Circuit Court, Montgomery Co., Md. 2005)
Represented plaintiff and successfully obtained both a temporary restraining order and preliminary injunction enforcing non-compete agreements against defendant.

Practice Areas

Education

University of Virginia, J.D., 1997

Duke University, B.A., cum laude, 1994

Bar Admission(s)

District of Columbia Court of Appeals

U.S. District Court for the District of Columbia

Supreme Court of Virginia

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Western District of Virginia

U.S. District Court for the Northern District of Illinois

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Federal Claims

 
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