James A. Medford

T (336) 378-5265
T (404) 962-1112
F (336) 378-5400

Jim Medford serves as Litigation Practice Area Leader due to his substantial experience in a number of varied areas of the law. He concentrates primarily on intellectual property litigation, white collar criminal defense and international business agreements with an emphasis on intellectual property and the CISG. His litigation practice has emphasized patent infringement, unfair competition, trademark and trade secret litigation.

Jim's criminal law practice emphasizes white collar criminal defense, especially Qui Tam cases and Medicare fraud and abuse counseling, investigations and trials. He has tried numerous criminal cases to a jury verdict, including criminal antitrust bid-rigging cases as well as crimes of violence. He is a member of the White Collar Crime Committee of the ABA Section of Criminal Justice, and the National Association of Criminal Defense Lawyers.

He has been actively involved defending hospitals in HHS and Justice Department national initiatives such as lab unbundling and pneumonia upcoding as well as regional matters such as MRI overreach.

As head of the firm's International team, Jim also provides intellectual property counseling to a number of large corporations, domestic and foreign, including licensing, joint research and development, and joint venture work in the NAFTA region, Western Europe (with emphasis on Germany, Switzerland, and Denmark) as well as China and India. He counsels and represents foreign companies regarding the formation and further representation of their US subsidiaries He also oversees patent prosecution for these companies in the US and coordinates patent and trade secret litigation and opposition proceedings in Europe with similar matters in the United States. His clients include Evonik Corporation, Emery Oleochemicals GmbH; Ducon GmbH and Genan Inc.


Education

  • J.D., cum laude, Harvard Law School, 1971
  • Mainz, Germany, Johannes Gutenberg Universität, 1968
  • A.B., University of North Carolina at Chapel Hill, 1967

Admissions

  • United States Court of Appeals, Fourth Circuit, 1972
  • North Carolina, 1971
  • United States District Court, Middle District of North Carolina
  • United States District Court, Eastern District of North Carolina
  • United States District Court, Western District of North Carolina
  • United States Court of Appeals, Federal Circuit, 1987

Academic Honors

  • Fulbright Scholar, Johannes Gutenberg Universität
  • Morehead Scholar, University of North Carolina
  • Phi Beta Kappa, University of North Carolina

Achievements

  • Selected by Law & Politics Magazine for inclusion in North Carolina Super Lawyers, Intellectual Property Litigation, 2006-2008
  • Selected by his peers as Greensboro Best Lawyers Lawyer of the Year (Woodward/White, Inc.), Litigation – Patent  (2014)
  • Listed, The Best Lawyers in America® (Woodward/White, Inc.), Alternative Dispute Resolution, Commercial Litigation, Intellectual Property Law, International Trade and Finance Law, listed more than 10 years, Arbitration, Copyright Law, Litigation-Patent, Patent Law, Trademark Law (2012-2014)
  • Business North Carolina's Legal Elite, Patents/Intellectual Property, 2004-2007, 2009-2011
  • Martindale-Hubbell's top ("AV") Peer Review Rating *

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

Professional Memberships

  • Fellow, American Bar Foundation
  • American Law Institute
  • International Bar Association
  • North Carolina Bar Association Section on International Law; Council, 1994-1997, 1998-2001, 2005-2008 
  • White Collar Crime Committee, ABA Section, Criminal Justice
  • American Health Lawyers Association
  • Wong Sun Society

Civic and Community Service

  • Past member of Science Advisory Board, University of North Carolina at Greensboro
  • Board of Directors, Fellowship Hall

Experience

  • Clerkship, The Honorable J. Braxton Craven, Jr., Fourth Circuit Court of Appeals 1971-1972

Representative Work

Patent and other Intellectual Property cases include:

  • Evonik Stockhausen, LLC v. Peter Greven, et al. (M.D.N.C., Judge William L. Osteen, Jr.) (Prosecution of trademark infringement and unfair trade practices) (2010 – present)
  • Robert E. Houchin v. VS2 Worldwide Communications, LLC, et al. (M.D.N.C., Judge William L. Osteen, Jr.) (Prosecution of patent infringement action by owner of patent relating to sweepstakes methods and devices) (2008 – 2011) 
  • Volumetrics Medical Imaging v. Medison America, Inc., et al. (M.D.N.C., Judge N.C. Tilley, Jr.) (Defense of patent infringement action and prosecution of invalidity and non-infringement counterclaims in connection with ultrasound equipment with 3D capabilities) (working in association with Bingham McCutchen LLP) (2006 – Present)
  • Nochar, Inc. v. Stockhausen GmbH & Co. (S.D. In.) Judge Larry J. Mckinney) (Defense of declaratory judgment action against owner of patent relating to use of superabsorber polymers and fire fighting application) ( 2005- 2006)
  • Barricade International, Inc. v. Stockhausen GmbH & Co. KG (So. District of Florida and M.D.N.C. following transfer, Judge Frank W. Bullock, Jr.) (Defense of state law claims relating to alleged ownership claim to patent issued to Stockhausen, Inc. associated with use of superabsorbent polymers in firefighting applications) (2004)
  • Blue Rhino Corporation, Blue Rhino Global Sourcing, LLC and CPD Associates, Inc. v. Sunjoy Industries, Inc. and Dandy Arambulo (M.D.N.C., Judge Frank W. Bullock, Jr.) (Defense of patent infringement claim by owner of patent relating to outdoor heaters) (2003 – 2005)
  • Specialty Manufacturing Company Co. v. Transpec, Inc. (M.D.N.C., Judge N.C. Tilley, Jr.) (Defense of patent infringement suit and prosecution of related counterclaim associated with mechanical device involved in school bus safety equipment) (2002 – 2007)
  • Thomasville Furniture Industries, Inc. v. Ashley Furniture Industries, Inc. (M.D.N.C., Judge William L. Osteen) (Defense of action in alleged infringement of design patents and tradedress rights associated with furniture collection) (2002 – 2004) 
  • LaneVenture, a division of Lane Furniture Industries, Inc. v. D&F Wicker Rattan Imports, et al. (M.D.N.C., Judge William L. Osteen) (Defense of patent infringement claim relating to design patents associated with outdoor furniture collection) (2002 – 2003)
  • Chambers Fabrics, Inc. v. Hoffman Mills Inc. (M.D.N.C., Judge William L. Osteen) (Defense of copyright suit relating to design of upholstery fabric) (2001 – 2002)
  • Regent Lighting Corp. v. American Lighting Concept, 25 F. Supp. 2d 705 (1997)
  • Burlington Industries, Inc. v. Dayco Corp., 849 F. 2d 1418 (1988)
  • Ashley Furniture Industries v. Sangiacomo, 11 F. Supp. 2d 773 (1998)

Commercial cases include:

  • Hest Technologies, Inc., et al. v. State of North Carolina ex rel. (N.C. Superior Court) (Prosecution of declaratory judgment action relating to invalidity of state law attempting to prohibit sweepstakes) (2008 – present)
  • Evonik Stockhausen, Inc. v. Tyco Healthcare Group, LP (D.Del., Judge Gregory M. Sleet)(Prosecution of breach of contract claims relating to supply agreement relating to supply of superabsorbent polymers) (2008 - 2010)
  • Evonik Stockhausen, Inc. v. Attends Healthcare Products, Inc. (N.C. Superior Court) (Prosecution of breach of contract claims relating to supply agreement for supply of superabsorbent polymers) (2007 - 2009)
  • Cone Mills Corp. v. Allstate Insurance Co., 340 S.E.2d 354; 457 S.E. 2d 301 (1995), and Cone Mills Corp. v. Allstate Insurance Co., 340 S.E.2d 353; 457 S.E. 2d 300 (1995)
  • Vernon Carlton Sales v. SSMC, N.V., 53 F. 3d 330 (1995)
  • B.B. Walker Co. v. Burns International Security Services, Inc., 333 N.C. 536, 429 S.E.2d 552 (1993)
  • Yarborough & Co. v. E. I. du Pont de Nemours & Co., 332 N.C. 672, 424 S.E. 2d 408 (1992) 

Publications

  • Co-author, "Quick Reference:  Lex Loci - Enforcement of U.S. Judgments in Argentina, Brazil and Mexico", Transnational Dispute Management, March 2009
  • "Claiming Your Biotechnology Company's Intellectual Property:  Guidelines for Claim Construction of United States Patents" – National Law Journal, Vol. 25, No.17, December 16, 2002
  • "Contracting in the Global Marketplace" – North Carolina Bar Association Section of International Law periodical – July 6, 1999


* Past success does not indicate the likelihood of success in any future legal representation.