Kyle

Kyle B. Fleming
Renner Otto Boisselle & Sklar
1621 Euclid Ave., 19th Floor
Cleveland, Ohio 44140
+1.216.736.3114 (t)
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Kyle has over 17 years experience as a trial and appellate lawyer.  With a background in mathematics and science, Kyle’s practice has focused on complex and technology-oriented litigation, particularly cases involving patents and other forms of intellectual property.  Kyle’s undergraduate degree, however, is in the “discmal science” (aka economics), and prior to law school, he was an economic researcher for the Federal Reserve Bank of Cleveland where he designed econometric models and research projects, and his analysis was used by Federal Reserve policymakers and was frequently published.

Prior to joining Renner Otto, Kyle was a partner at Baker & Hostetler and corporate intellectual property litigation counsel for AB Electrolux, one of the world’s leading manufacturers of home appliances.  Kyle served a tour in-house with the litigation group at Wells Fargo in San Francisco and, before that, was a barista at Peets in Berkeley and San Francisco.

Kyle is a member of the San Francisco Intellectual Property Lawyers Association, the Cleveland Intellectual Property Lawyers Association, the Federal Circuit Bar Association, and the Intellectual Property sections of the California and American Bar Associations.  Kyle is also recognized as an Ohio “Super Lawyer” in IP litigation.

Kyle has spoken before numerous groups and organizations on patent litigation, ITC proceedings, technology, antitrust, and economics.

Kyle has worked with clients throughout the world, including Japan, South Korea, China, Canada, Germany, United Kingdom, France, Switzerland, Sweden, Brazil and Mexico.  He also has counseled clients on antitrust issues around the world.

Some of Kyle’s recent cases include:

• Alcohol Monitoring Systems v. Actsoft, et al., U.S. District Court, Colorado
• Surgical Navigation Technologies, et al. v. BrainLAB, Inc., et al., U.S. District Court, Colorado
• Avery Dennison Corp. v. Toray Int’l, U.S. District Court, N.D. California
• River Oaks Homes v. Monarch Homes, U.S. District Court, N.D. Ohio
• IMIG Corp. v. Electrolux, U.S. District Court, E.D. New York
• Atotech v. MacDermid, Inc., U.S. District Court, New Jersey
• Avery Dennison Corp. v. Alien Tech., U.S. District Court, N.D. Ohio
• Dillon et al. v. Royal Group Technologies Ltd., et al., U.S. District Court, N.D. Ohio
• Schreiber Foods, Inc. v. Galaxy Nutritional Foods, U.S. District Court, E.D. Wisconsin

In addition to IP and patent cases, Kyle successfully tried several other high profile actions, including a case to the Ohio Supreme Court on behalf of a major newspaper against a state court judge challenging the unconstitutional closing of the courtroom and sealing of documents during the Sam Sheppard wrongful imprisonment case.  In a related case, Kyle successfully defended Jim Neff, a reporter writing a book on the Sheppard case, against prosecutor’s attempts to seize his research notes on the case (The Wrong Man, Jim Neff, Random House 2002).  FYI, I don’t think Sheppard did it.

Kyle also has significant appellate experience, including:

• Paradise Creations v. U V Sales, 315 F.3d 1304 (Fed. Cir. 2003)
• In re Seagate Tech., 497 F.3d 1360 (Fed. Cir. 2007)
• TAP Pharmaceutical Products, Inc. et al v. Owl Pharmaceuticals, LLC, unreported 2003-1364 (Fed. Cir. 2005)
• Medtronic v. BrainLAB AG, unreported 2006-1289 (Fed. Cir. 2007)
• Binsack v. Hipp, et al., No. H-97-029, 1998 WL 334223 (Ohio Ct. App. June 5, 1998)
• IPD v. Bizmart, Inc. d/b/a OfficeMax, 95 Ohio St. 3d 452 (2002)

Education
J.D. cum laude, George Washington University, 1993
B.A. Economics, honors, Northwestern University, 1988

State Bar Admissions
California, 1993
Ohio, 1995
New York, 2001

Numerous Federal Courts including
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Northern District of California
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
U.S. District Court, District of Colorado
U.S. District Court, Northern District of Ohio
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York

Random Other Stuff About Kyle

• Snowboards goofy-footed (Ride 152 (+15 front, +3 back) with K2 bindings)
• Scuba certifications from NAUI, PADI and IANTDA
• iPod has a ton of Clash and surf (punk, surfabilly, spy)
• Current reading list:
  • The Ascent of Money by Niall Ferguson (finished)
  • Prophet of Innovation: Joseph Schumpeter and Creative Destruction by Thomas McGraw (finished)
  • The Great Partition: The Making of India and Pakistan by Yasmin Khan (finished)
  • Ghandi & Churchill: The Epic Rivalry that Destroyed an Empire and Forged Our Age by Arthur Herman (finished)

Kyle takes much grief for his “third-person” bio, but it was started years ago when he worked somewhere with a marketing department.  Kyle just hasn’t changed it since.