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Luke Meriwether

Luke Meriwether is a partner in the Kansas City office of Lathrop Gage where he specializes in intellectual property litigation. Luke has extensive experience litigating high-stakes patent, trademark, copyright, and trade secret disputes (both enforcement and defense) in federal courts throughout the United States, as well as the U.S. International Trade Commission and Patent Trial and Appeal Board. His practice also includes significant experience litigating false advertising, reputation and brand disparagement, and unfair competition cases. Luke has successfully represented leading companies in various industries, including agribusiness, software, consumer electronics, financial institutions, life sciences, probiotics, healthcare, construction, architecture, and manufacturing, as well as retail and consumer products.

In addition to his vast litigation experience, Luke’s practice also involves providing clients with IP business counseling and strategy, as well as risk management guidance. This includes licensing, IP purchase and development agreements, trademark and copyright monitoring and enforcement strategies, copyright fair use analysis, noninfringement and freedom to operate opinions, creation of non-practicing entity risk management strategies, and company-wide trade secret protection programs. 

Luke is a former judicial law clerk to the Honorable Scott O. Wright at the United States District Court for the Western District of Missouri.

Representative Experience

Patent Litigation and Appeals

  • Edgewell Personal Care Brands, LLC v. Munchkin, Inc. (D. Conn.) - representing defendant Munchkin in litigation involving popular diaper pail baby products.
  • The Tire Hanger Corp. v. Shinn Fu Co. of America (C.D. Cal.) - representing defendant Shinn Fu in litigation involving tire hanger accessories for use on automotive lifts.
  • Munchkin, Inc. v. Luv N’ Care, Ltd. (C.D. Cal.) - representing plaintiff Munchkin in litigation involving popular baby products.
  • ScriptPro LLC v. Innovation Associates, Inc. (D. Kan.) - representing plaintiff ScriptPro in litigation involving robotics-based pharmacy packing and sorting solutions.
  • ScriptPro LLC v. Innovation Associates, Inc. (Fed. Cir.) - represented appellant ScriptPro in two separate district court-based appeals involving robotics-based pharmacy packing and sorting solutions.
  • The Ergobaby Carrier, Inc. v. Boba Inc. (C.D. Cal.) - represented plaintiff Ergobaby in litigation involving popular baby carriers.
  • MGPI Processing, Inc. v. Penford Corporation (D. Kan.) - represented plaintiff MGPI in litigation involving methods for producing resistant starches.
  • Mantis Communications, LLC v. Jo-Ann Stores, LLC et al. (E.D. Tex.) - represented defendant Jo-Ann Stores in litigation involving mobile data communication systems.
  • Klever Marketing, Inc. v. Jo-Ann Stores, LLC (E.D. Tex.) - represented defendant Jo-Ann Stores in litigation involving systems for the delivery and use of graphical coupons to electronic communication devices.
  • Cascades Branding Innovation, LLC v. Jo-Ann Stores, LLC (N.D. IL) - represented defendant Jo-Ann Stores in litigation involving brand and product mapping systems for mobile communication devices.
  • In re Certain Diaper Disposal Systems and Components Thereof (Intl. Trade Comm.) - represented respondent Munchkin in ITC proceeding concerning diaper pail systems.
  • Parallel Iron, LLC v. Adknowledge, Inc. et al. (D. Del.) - represented defendant Adknowledge against non-practicing entity in litigation involving distributed file system software.
  • GeoTag, Inc. v. Alco Stores, Inc. et al. (E.D. Tex.) - represented defendant Alco Stores in massive, 400+ defendant lawsuit against non-practicing entity involving software systems allowing for the on-line search of information within a particular geographical area.
  • Sur-Tec, Inc. v. Keywave, LLC et al. (D. Kan.) - represented defendant Keywave in litigation involving mobile communication devices for gathering intelligence and position tracking.
  • Thermal Solutions, Inc. v. Vita Craft Corporation et al. (D. Kan.) - represented defendant Vita Craft in litigation involving radio frequency identification (RFID) technology in cookware products.
  • Shinn Fu Co. of America and Shinn Fu Corp. v. Northern Tool & Equipment Company, Inc. (W.D. Mo) - represented plaintiffs Shinn Fu in litigation involving commercial lifting apparatuses for low-clearance devices.
  • Shinn Fu Co. of America and Shinn Fu Corp. v. Beta Utensili et al. (W.D. Mo) - represented plaintiffs Shinn Fu in litigation involving convertible two-way caster benches.
  • JIA Jewelry Importers of America, Inc. v. Pandora Jewelry, LLC (E.D. Tex., D. Md.) - represented defendant Pandora in litigation involving charm jewelry systems.
  • Cherdak v. Rack Room Shoes, Inc. (E.D. Va.) - represented defendant Rack Room against non-practicing entity in litigation involving lighted infant and toddler shoes.
  • Sears Petroleum and Transport Corp. v. Archer Daniels Midland Co. (N.D.N.Y.) - represented plaintiff Sears Petroleum in litigation involving road deicers.
  • Mayo Clinic Jacksonville and Myriad Genetics, Inc. v. Alzheimer’s Institute of America, Inc. (M.D. Fla.) - represented defendant Alzheimer’s Institute in litigation involving nucleic acid mutations that lead to the development of Alzheimer’s disease.

Trademark, Copyright, Trade Secret, and False Advertising Litigation

  • Compass Minerals America Inc. v. Gaia Enterprises, Inc. (D. Kan.) - representing plaintiff Compass Minerals in trademark litigation involving branding for pet-friendly deicing products.
  • Dutch Valley Growers, Inc. v. Dutch Valley Partners, LLC (C.D. IL) - represented defendant Dutch Valley Partners in trademark and trade secret litigation involving agricultural products.
  • Playtex Products, LLC v. Munchkin, Inc. (S.D.N.Y.) - represented defendant Munchkin in false advertising litigation involving diaper pail refill cartridges.
  • Munchkin, Inc. v. Playtex Products, LLC (C.D. Cal.) - represented defendant Munchkin in false advertising litigation involving diaper pail systems.
  • Comet Industries, Inc. and Comet Electronics, LLC v. Union Pacific RR Co. (W.D. Mo) - represented and obtained preliminary injunction for plaintiffs Comet in copyright litigation involving software using radio frequency identification (RFID) technology to identify and track rail shipments.
  • Exal Corp. v. Roeslein & Associates, Inc. (N.D. Ohio) - represented plaintiff Exal in trade secret and tortious interference litigation involving the manufacture of aluminum bottle cans from coiled aluminum.
  • Hank Young v. KC Chiefs and Populous, Inc. et al. (W.D. Mo) - represented defendant Populous in copyright litigation involving NFL team photographs used as part of stadium redesign.
  • Crafty Productions, Inc. v. Jo-Ann Stores, LLC et al. (S.D. Cal.)represented defendant Jo-Ann Stores in copyright infringement and unfair competition litigation involving decorative wood products.
  • Star Fabrics, Inc. v. Jo-Ann Stores, LLC et al. (C.D. Cal) – represented defendant Jo-Ann Stores in copyright infringement litigation involving fabric artwork and designs.
  • Lumeris Solutions Company, LLC v. Method Factory, Inc. et al. (E.D. Mo) – represented plaintiff Lumeris in trademark litigation involving technology-based healthcare management products and services.
  • Design Basics, LLC v. Strawn Corp. et al. (D. Kan.) – represented all defendants in copyright litigation involving design plans for residential homes.
  • Heartland Horseshoeing School, Inc. v. Doug Butler Enterprises, Inc. (W.D. Mo) – represented plaintiff Heartland in copyright litigation involving instructional textbooks for use in the farrier industry.
  • Hoefer Wysocki Architects, LLC v. Carnegie Management & Development Corp. et al. (W.D. Mo) – represented defendant Carnegie in copyright litigation involving architectural development plans for a federal office complex.
  • Espirito Holdings, LLC et al. v. Fogo de Chao (Holdings), Inc. (W.D. Mo) – represented defendant Fogo de Chao in trademark and trade dress litigation involving certain logos used in restaurant services.

Business Counseling and IP Enforcement Strategies

  • Design strategy and execute trademark enforcement program for nationally known home mortgage lender against multiple infringers throughout the United States.
  • Design strategy and execute trademark, copyright, and patent enforcement program for major infant and toddler product manufacturer against multiple infringers throughout the World.
  • Designed strategy and executed trademark and trade dress enforcement program for multinational energy corporation against multiple infringers throughout the United States.

Court Memberships

  • Missouri
  • U.S. District Court for the Central District of California
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the for the District of Kansas
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Western District of Missouri
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Eastern District of Texas 

Honors

  • Selected for Missouri/Kansas Super Lawyers "Rising Stars," 2017

Professional Affiliations

  • The Missouri Bar
  • American Bar Association
  • Kansas City Metropolitan Bar Association 

Publications

  • Comment, After Abu Ghraib: Does the McCain Amendment, as Part of the 2006 Defense Appropriations Act, Clarify U.S. Interrogation Policy or Tie the Hands of U.S. Interrogators?, 14 Tulsa J. Comp. & Int’l L. 155 (2006)
Photo of Luke  Meriwether
F: 816.292.2001

Assistant

Debbie Adams
816.460.5346

Education

University of Tulsa College of Law, J.D., 2007

University of Tulsa, B.S., Business Administration, cum laude, 2003

Clerkship(s)

  • Law Clerk for the Honorable Scott O. Wright, United States District Court, Western District of Missouri