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Kevin N. Ainsworth

Complex Commercial Litigation

  • Representing a client in federal court in New York in the enforcement of a $300 million award issued in an arbitration in Singapore.
  • Represented Gretton Limited, a litigation funding vehicle for Oxus Gold plc, in an action to enforce/confirm a multimillion dollar international arbitration award in favor of Oxus Gold and against the Republic of Uzbekistan.
  • Obtained an arbitration award of over $100 million on behalf of institutional investors, including UBS Securities, National Bank of Oman and the National Bank of Abu Dhabi, against Egyptian guarantors of Eurobonds, and won related federal trial to pierce the corporate veils of the defaulting issuer and guarantor corporations.
  • Represented a "litigation trust" for the benefit of bondholders of Semi-Tech Corporation—after its bankruptcy and collapse of its subsidiaries Singer Corp. and Akai Holdings—in pursuing claims of more than $600 million against its auditors, directors, and officers.
  • Represented the Association of Home Appliance Manufacturers in challenging the constitutionality and enforceability of a New York City law that required manufacturers to pay costs of recycling/recovery of refrigerants.
  • Represented an air-conditioner manufacturer in a contract dispute in trial and appellate court, and succeeded in dismissing all claims against the client.
  • Represented the Congressional Medal of Honor Foundation as amicus curiae before the U.S. Supreme Court in a case involving First Amendment freedom of speech.
  • Represented CEO of Vanquish Worldwide in a contract and fraud dispute asserted by Afghanistan nationals.
  • Represented an internet gaming company in a bankruptcy of its software developer.
  • Represented Serenova, LLC, a leading provider of intelligent cloud contact center solutions, in a contract dispute.
  • Successfully settled a contract dispute on behalf of Kingdom Films, LLC, a slate-financing vehicle, adverse to The Walt Disney Co., over a dispute concerning the slate financing arrangement, which involved an investment of more than $200 million by our client.

Patent and Trademark Disputes

  • Represented Spin Master Ltd., a leading global children's entertainment company, in a patent infringement case related to the company's Zero Gravity® Laser toy vehicle, which was named "Best Toy" by Popular Mechanics at the 2019 Toy Fair. Obtained a preliminary injunction in December 2019 enjoining the sales of the infringing toys by defendant.
  • Represented Spark 451, Inc., a marketing company, in trademark suit against 451 Marketing, LLC.
  • Represented L-3 Communications Corp. in an appeal of a patent infringement action against Sony involving CMOS image sensing chips.
  • Represented Nine Line Apparel, Inc., in a patent infringement action regarding a garment.
  • Represented Yowie, a candy manufacturer, in patent infringement action.
  • Represented Clariti Eyewear, Inc. in trademark infringement action against Walman Optical Co. and Hydrogel Vision Corp.
  • Represented Louis Vuitton Malletier in numerous federal courts actions against trademark infringers.
Case Study
Mintz’s litigation team achieved a significant victory for Citizens Bank, securing a dismissal of claims by a class of investors that Citizens and a co-defendant aided and abetted a $102 million Ponzi scheme that started in 2008. The US Court of Appeals for the Second Circuit upheld the dismissal.
Case Study
At the peak of toy-buying season, Mintz helped Spin Master Ltd. obtain a preliminary injunction preventing toy company E. Mishan & Sons, Inc. (Emson) from importing and selling Radical Racers toys in the US after Spin Master sued Emson for infringing patents covering its Zero Gravity® toys.
Case Study
For Kowa Pharmaceuticals and Nissan Chemical, Mintz sued nine generic drug makers that had filed Abbreviated New Drug Applications (ANDA) with the FDA. The court upheld the validity and infringement of all asserted claims in two patents for the cholesterol drug Livalo®.
Case Study
Mintz secured an arbitration award of more than $140 million for bank and insurance bondholders following a Eurobond default. The matter against the British Virgin Islander bond issuer, the Egyptian guarantor companies, and two individual owners was found to involve fraud and misappropriations of assets.