Audra Dial is an experienced litigator in Kilpatrick Townsend & Stockton LLP's nationally recognized Patent Litigation Team. She focuses her practice on complex federal court litigation involving trade secrets, patent disputes, restrictive employment covenants and complex business disputes involving intellectual property. Ms. Dial has obtained favorable verdicts in many high-profile intellectual property disputes, including on behalf of several Fortune 500 companies. She currently serves as President of the Junior League of Atlanta. Ms. Dial is also Secretary of the Board of Directors for Special Olympics of Georgia, as well as a Member of the Board of Directors of the Atlanta Speech School and Trees Atlanta. She was selected by the National Multiple Sclerosis Society's Georgia Chapter as a participant in its MS Leadership Class of 2012. Ms. Dial has been recognized as a 2011 POW! Award winner by Womenetics, a 2011 IMPACT Leader by Business to Business magazine, 2010 "Up and Comer" by the Atlanta Business Chronicle, Junior League Woman to Watch and for the past seven years, and a Georgia "Rising Star" by SuperLawyers magazine. Ms. Dial is the chair of the firm's Women's Initiative and serves as a member of the firm's Hiring Committee. She is a frequent speaker on women's leadership, patent litigation, protecting trade secrets against misuse, including through social media and corporate espionage, electronic discovery, and diversity issues. In 2010, Ms. Dial served on the Board of Directors of the Atlanta Children's Shelter. From 2006-2009, she was a member of the Georgia Association of Women Lawyers' Judicial Applicant Review Committee, and in 2007 she held the role of Vice Chair for the Atlanta Women's Foundation's Women in Law Event. She is a 2005 member of Pathbuilder's Achieva Class and a founding member of the Atlanta Women's Foundation Destiny Fund. Ms. Dial earned her J.D. from William and Mary School of Law. Ms. Dial is involved with the Federal Bar Association, Women in Electronic Discovery, and the National Association of Women Lawyers. Ms. Dial received her Bachelor of Arts from American University, where she graduated cum laude in Interdisciplinary Studies. Professional & Community Activities Special Olympics of Georgia, Board Member and Secretary Junior League of Atlanta Board of Directors, President Trees Atlanta, Board Member Atlanta Speech School, Board Member Atlanta Children's Shelter, Board Member Women in Electronic Discovery, Member National Association of Women Lawyers, Member IPO Trade Secrets Committee, Member William & Mary Law Review, Former Managing Editor William and Mary Law School Alumni Association, Past President (2003-2004) Industries Technology & Software; Telecommunications Experience Verizon Services Corp. v. Cox Fibernet Va., Inc., Trial counsel on behalf of Cox Communications, which was accused of infringing a competitor's patents relating to voice over IP technology. We obtained a jury verdict of no patent infringement of six patents and invalidity of two patents. Affirmed by the Federal Circuit.
Verizon Servs. Corp. v. Cox Fibernet Va., Inc., No. 08-157 (E.D. Va. filed Jan. 11, 2008). The Coca Cola Co. v. PepsiCo Inc., et al., Represented Pepsi-Cola Co. and PepsiCo in a patent infringement suit brought by Coca-Cola in the Northern District of Georgia involving bag-in-box technology used to store and dispense syrup used to create soft drinks in soda fountains. The court granted Pepsi's Motion for Summary Judgment, finding that the technology was substantially different from what was described in the Coke patent. PepsiCo's use of this technology did not infringe Coke's technology described in the asserted patent, and therefore, did not infringe the patent.
The Coca Cola Co. v. PepsiCo Inc., et al., 500 F. Supp.2d 1364 (N.D. Ga. 2007). Importers Service Corporation v. Georgia-Pacific Resins, Inc., Lead counsel representing GP Chemicals Equity LLC (GP) in an action alleging breach of contract, fraud, unjust enrichment, violations of the Lanham Act, and violations of Georgia's Fair Business Practices Act. We obtained summary judgment and the court entered judgment in GP's favor on all claims asserted against it. On appeal.
Importers Service Corporation v. GP Chemicals Equity LLC, in the U.S. District Court for the Northern District of Georgia, Civil Action File No. 1:07-cv-00745-JOF. Trade secret misappropriation and breach of license for an aerospace manufacturing company, Trial counsel representing an aerospace products and defense parts manufacturing company, plaintiff, in a trade secret misappropriation and breach of license case. Allegations against the defendant involved claims that the defendant misused the plaintiff's trade secrets-technical data relating to a U.S. Anti-Submarine Warfare Aircraft (of which the plaintiff is the original equipment manufacturer)-to perform a direct commercial sales contract to refurbish and modernize aircraft owned by the Republic of Korea. Jury verdict for plaintiff. Case settled after trial. Genetic Technologies Limited v. Beckman Coulter, Inc. et al., Represented Pioneer Hi-Bred International, Inc. in a patent infringement action filed by Genetic Technologies Limited ("GTG"). The plaintiff sued nine defendants in the United States District Court for the Western District of Wisconsin alleging patent infringement of its patent relating to methods of analysis of non-coding DNA sequences. Several large companies had previously been involved in litigation with GTG over this patent. As a result of licenses GTG negotiated with those defendants, GTG sought millions of dollars in past damages and future license fees from Pioneer. Because of intensive defensive efforts and factual investigation, we approached GTG regarding settlement. These discussions resulted in a favorable settlement of the matter, the terms of which are confidential.
Genetic Technologies Limited v. Beckman Coulter, Inc. et al., No. 3:10-cv-00069 (W.D. Wisc. filed Feb. 11, 2010). BellSouth Corp. v. Forsee, The firm served as lead counsel for BellSouth in a highly-publicized dispute involving Sprint's hiring of the second highestranking corporate officer at BellSouth. The case involved claims for breach of non-competition agreement and "inevitable misuse" of trade secrets. It also raised significant issues regarding the interplay between litigation and compulsory arbitration. We obtained an injunction prohibiting the executive's disclosure of confidential information to his new employer and limiting his involvement in certain activities where the confidential information might be used or disclosed. The executive has since left the competitor.
BellSouth Corp. v. Forsee, 265 Ga. App. 589, 595 S.E.2d 99 (2004). Trade secrets litigation services for a supplier of heating and cooling products, Lead counsel on behalf of a large independent supplier of heating, ventilation, air conditioning and refrigeration products against a former employee who divulged the company's trade secrets in internet chat rooms. We obtained a permanent injunction against the former employee enforcing his confidentiality obligations and preventing him from further disclosure of our client's business strategies. DataTreasury Corp. v. Wachovia Corp. and DataTreasury Corp. v. Wells Fargo & Co., Represented Wachovia Bank, Branch Banking & Trust Company, M&T Bank and Comerica Bank against DataTreasury in patent infringement suits in the Eastern District of Texas and other noteworthy patent litigation jurisdictions around the country. The patents at issue involved various technologies, including telecommunications, electronic payment and clearing systems, software, business methods, and electrical and mechanical devices. The plaintiff in these cases sued more than 40 defendants, including many leading banks and financial institutions. Cases settled. (Judge Folsom).
DataTreasury Corp. v. Wachovia Corp., et al., No. 2:05-cv-00293 (E.D. Tex. filed June 28, 2005) and DataTreasury Corp. v. Wells Fargo & Co., et al., No. 2:06-cv-00072 (E.D. Tex. filed Feb. 24, 2006). Nationwide action lawsuit for a specialty consumer reporting agency, Represented a specialty consumer reporting agency that collects tenant history information in a nationwide action lawsuit and negotiated a class-wide settlement that resulted in significant savings for the client. Trade secret litigation for a major temporary staffing company, Lead counsel on behalf of a major temporary staffing company in a lawsuit in the Northern District of Georgia against a former employee who downloaded our client's proprietary pricing software to start a competing enterprise. We obtained an emergency temporary restraining order against the employee that resulted in the confiscation of his computer under the Computer Fraud and Abuse Act, and ultimately, obtained a permanent injunction and monetary damages. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 08 December 2011, Social Media in Litigation: The Pitfalls and Opportunities for Litigation in a Social World, Podcasts 01 November 2011, Corporate Espionage and Unclean Hands - Lessons Learned from a $309 Million Judgment
Source: Financial Fraud Law Report, Articles 11 August 2011, Corporate Espionage and Unclean Hands - Lessons Learned from a $309 Million Judgment, Legal Alerts 30 June 2011, Two Leagues with Goal of Helping Others
Source: Atlanta Journal-Constitution, Articles 14 June 2011, Establishing Invalidity Didn't Get Any Easier-the Supreme Court Upholds Clear & Convincing Standard for Proving Invalidity, Legal Alerts 01 June 2011, Proving Patent Damages is Getting Harder, but Establishing Patent Invalidity May Be Getting Easier - How i4i, L.P v. Microsoft Corp. May Change the Landscape of Patent Litigation
Source: North Carolina Journal of Law and Technology, Articles 08 May 2011, How to Prevent Misuse of Electronic Info - Training, Policies Help Protect Businesses from Rogue Employees
Source: Atlanta Journal-Constitution, Articles 16 February 2011, When Thirty Days May Not Really Be Thirty Days Removing Multi-Defendant Cases, Legal Alerts 15 February 2011, Tapping the Power of the CFAA
Source: Law 360, Articles 10 January 2011, 25 Percent Rule For Damages Is Now 100 Percent Dead; Expert Reports Must Now Predicate Damages On The Specific Circumstances Of The Case, Not General, Arbitrary Theories., Legal Alerts 21 December 2010, Fourth Amendment Protects Individual Information Stored by Third-Party Providers, Legal Alerts 03 December 2010, Supreme Court Grants Certiorari in i4i L.P. v. Microsoft Corp. on the Standard of Evidence for Challenges to Patent Validity, Legal Alerts 17 April 2010, $240 Million Patent Damages Award Affirmed; Microsoft's Request for Rehearing Denied: Does the Federal Circuit's Decision in i4i L.P. v. Microsoft Corp. Signal a Change in Acceptable Patent Infringement Damages Methodologies?, Legal Alerts 01 April 2009, The Computer Fraud and Abuse Act as a Vehicle for Protecting Trade Secrets
Source: Intellectual Property Litigation, Articles 01 February 2009, How Can I Best Manage the E-Discovery Process in the US?
Source: Managing IP Magazine, Articles 01 January 2009, The Computer Fraud and Abuse Act: An Underutilized Litigation Weapon
Source: Technology Litigation Desk Reference, Other Publications 01 September 2008, Avoiding Patent Traps Through Claw-Back Provisions
Source: Intellectual Property Litigation, Articles 01 January 1998, Ad Hoc Adjudication: People v. Champion, Another Confusing Element in the Turmoil Following Minnesota v. Dickerson
Source: 39 Wm. & Mary L. Rev. 1003, Articles Corporate Espionage, Emerging Issues 27 January 2012, Kilpatrick Townsend's Audra Dial Selected to the MS Leadership Class of 2012, News Releases 23 August 2011, Kilpatrick Townsend's Audra Dial to Serve as Featured Speaker at Womenetics Purposeful Women Event, News Releases 30 June 2011, Audra Dial: Tips to Build Strong Relationship Capital, In the News 30 June 2011, Audra Dial: Work Life Integration, In the News 21 June 2011, Kilpatrick Townsend's Audra Dial Featured on Transformational Women, In the News 26 May 2011, Kilpatrick Townsend's Audra Dial to Speak at the 4th Annual Women Legal Forum 2011, News Releases 13 May 2011, Kilpatrick Townsend Partner and Atlanta Junior League President Audra Dial Attends Awards Ceremony at United Nations, News Releases 05 May 2011, Kilpatrick Townsend's Audra Dial to Speak at 13th Annual Women's Leadership Forum, News Releases 02 May 2011, Kilpatrick Townsend's Audra Dial Receives 2011 POW! Award, News Releases 19 April 2011, Kilpatrick Townsend Partner Audra Dial Named 2011 IMPACT Leader by , Business to Business Magazine, News Releases 30 March 2011, Kilpatrick Townsend's Audra Dial interviewed re: "E-mail is Protected from Unreasonable Search and Seizure, Circuit Rules", In the News 02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases 23 February 2011, Kilpatrick Townsend's Audra Dial to Serve as Featured Speaker at First Annual Women in the Spotlight Conference, News Releases 23 February 2011, Kilpatrick Townsend's Audra Dial Named a 2011 POW! Award Winner, In the News 15 November 2010, Kilpatrick Stockton's Audra Dial Named one of "Atlanta's 40 Under 40 Up & Comers" , News Releases 19 May 2010, Kilpatrick Stockton's Audra Dial Elevated to President of the Junior League of Atlanta, News Releases 04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases 02 March 2009, Kilpatrick Stockton Attorneys Named 2009 Georgia "Rising Stars" by Georgia Super Lawyers, News Releases Events 08 December 2011, Social Media in Litigation: The Pitfalls and Opportunities for Litigation in a Social World, Events 25 August 2011, Purposeful Women Up Close and Personal, Events 28 July 2011, IP Innovations Class: Corporate Espionage - How to Protect Your Company from Trade Secret Theft, Events 14 June 2011, Recent Trends in e-Discovery, Events 07 June 2011, Initiating the Gender-Diversity Discussion with Your Clients, Events 06 May 2011, Providing Creative Leadership in Unprecedented Times, Events 17 March 2011, Partnership - Making Connections Work for You, Events 03 February 2011, Strategic Thinking for Protecting Your Global Patent Portfolio, Events 09 November 2010, Discovery Issues in Patent Litigation, Events 22 July 2010, Strategies to Leverage Workplace Power, Events 08 June 2010, Current Trends in e-Discovery Case Law, Events |