Paul J. Yesawich, III
Special Counsel

Mr. Yesawich is special counsel to the firm and practices in the Business and Commercial Litigation and Intellectual Property Practice Groups, and serves on the e-info^sm Electronic Information Counseling and Management Team.  Mr. Yesawich has practiced with the firm since 1975.  Selected as one of the Best Lawyers in America, the 2011 Best Lawyer of the Year in Bet-the-Company Litigation, and by Super Lawyers as one of the top 10 Lawyers in Upstate New York, he is a Fellow of the American College of Trial Lawyers and a member of the American Board of Trial Advocates.  He focuses his legal practice on commercial disputes and intellectual property matters. 

Representative cases include:

• Bausch & Lomb: Counsel for B&L in various ongoing contract and intellectual property litigation matters.
• Jaccard Corp. v. TNI Packaging (American Arbitration Association, Chicago, Ill; 2012): Counsel for plaintiff in claim for breach of contract relating to the purchase of a business, resulting in award of approximately $800,000.
• Palladian Health v. Summer Street Capital (NYS Supreme Court, Erie County; 2012, and American Arbitration Association, Buffalo, NY 2011): Counsel for Palladian Health in various claims alleging breach by private equity investor of various financing and recapitalization obligations.
• Jaccard Corp. v. Chef Master, Inc. (US District Court, WDNY; 2011): Counsel for plaintiff in claim for trade dress infringement resulting in a settlement of $700,000 and defendant's withdrawal of accused products from the market.
• Wehle v. JPMorgan Chase (Monroe County Surrogate’s Court; 2011): Counsel for JPMorgan Chase in various trust accounting claims alleging breach of fiduciary duty relating to the investment and management of trust assets.
• Chapin v. JPMorganChase (Monroe County Surrogate’s Court; 2011): Counsel for JPMorgan Chase in trust accounting claims alleging breach of fiduciary duty relating to the investment and management of trust assets.
• Izzo Golf, Inc. v. King Par Golf, Inc. (WDNY; 2010): Plaintiff's counsel in a patent infringement action resulting in a jury verdict and finding of willful infringement ultimately totaling approximately $12,000,000.00.
• Eastman Kodak v. Apple, Inc. (US District Court, WDNY ; 2010): Co-counsel for Kodak in claims for infringement by Apple products of Kodak digital still camera and software architecture  patents.
• Ironforge, Inc, et al. v. Paychex, Inc (US District Court, WDNY; 2009):  Counsel for Paychex in class action claims for alleged breach of contract and fiduciary duty.
• Trafalgar Power, Inc v. US Bank (US District Court, NDN; 2009):  Plaintiff's counsel in $30 million dollar claim for defendant's breach of duties under corporate trust indenture.
• In the Matter of JPMorgan Chase (Westchester Co. Surrogate's Court; 2009):  Two and a half week trial representing JPMorgan in contested trust accounting matter regarding claim of negligent retention of securities.
• M&G Polymers, USA v. Carestream Health Care, Inc. (Delaware Superior Court; 2009):  Counsel for Carestream Health in three and one-half week trial regarding the claimed breach of a requirements contract.
• Digitel, LLC v. Tele2  (International Centre for Dispute Resolution; 2009):  Counsel for  telecommunications developer in claims for breach of agreements relating to expansion of Russian wireless telephony networks.
• Eastman Kodak v. Samsung/LG Electronics (U.S. District Court; 2008): Co-counsel for Kodak in patent infringement actions involving digital camera technology.
• Jaccard Corp. v. Keystone Mfg. (U.S. District Court, WDNY; 2008):  Plaintiff's counsel in two week jury trial for claim of trade dress infringement resulting in substantial cash payment and world-wide injunction for plaintiff.
• In the Matter of Adams (Onondaga County Surrogate’s Court; 2008): Counsel for objectant in estate accounting claim resulting in $900,000 judgment against fiduciary following trial.
• In the Matter of JPMorgan Chase (Monroe County Surrogate’s Court; 2008): Obtained $1.12 million award for trust fiduciary resulting from successful defense of surcharge proceeding.
• Eber Brothers v. Southern Wine & Spirits, et. al. (NYS Supreme Court; 2007): Multi-million dollar settlement for plaintiff in claim for defendants’ raiding of plaintiff’s employees.
• Trafalgar Power v. Algonquin Power Income Fund, et. al. (U. S. District Court; 2007): Obtained judgment for plaintiff of approximately $10 million regarding disputed escrow funds.
• In re Bausch & Lomb Shareholder Litigation (U. S. District Court; 2007): Co-counsel for Warburg Pincus defending multiple class action claims brought by Bausch & Lomb shareholders challenging Warburg’s acquisition of B&L.
• Eastman Kodak v. Sony (U. S. District Court; 2007): Co-counsel for Kodak in patent infringement action involving digital still camera technology resulting in a multi-million dollar settlement for Kodak.
• Kershaw/Cherry v. Columbia National Resources/ Resource America,et. al. (NYS Supreme Court; 2007): Counsel for plaintiffs in class actions for underpayment of natural gas royalties resulting in settlement of approximately $4 million.
• In the Matter of Dumont (NYS Supreme Court, Appellate Division, Fourth Department; 2006): Obtained reversal of $24 million dollar judgment against JP Morgan Chase, and dismissal of objections, in trust accounting claim against fiduciary.
• Katel, LLC v. Kyrgyztelecom (International Centre for Dispute Resolution; 2006): Counsel for Katel resulting in arbitration award of $1.13 million for defendant’s breach of contract.
• Redcom Laboratories, Inc. v. Cisco Systems, Inc. (U. S. District Court, WDNY; 2006): Plaintiff’s counsel in multimillion dollar settlement of patent infringement claim involving telephone switching equipment.
• Katel, LLC v. AT&T (U. S. District Court, SDNY; 2006): Summary judgment for plaintiff for $1.8 million dollars in claim relating to termination of telecommunications traffic in the Kyrgyz Republic.
• Labarte/Freeman et al. v. Seneca Resources/First Energy et al. (NYS Supreme Court; 2005): Counsel for plaintiffs in class actions for underpayment of natural gas royalties resulting in settlement of approximately $4.9 million.
• American Rock Salt Company v. Willis Corroon et al. (U. S. District Court, WDNY; 2005): Summary judgment for plaintiff-owner for $4 million on insurance coverage claim related to liquidated damages associated with construction contract.
• FLSA Class Actions (U.S. District Court, WDNY; 2005): Defense of Dick’s Sporting Goods and Eastman Kodak in Fair Labor Standards Act class action claims.
• In the Matter of Hunter (NY Court of Appeals; 2005): Successful defense of JP Morgan Chase in $28 million trust accounting claim.
• Honeywell v. Eastman Kodak (U.S. District Court, District of Delaware; 2005): Defense of Kodak in patent infringement dispute involving liquid crystal displays for digital still cameras.
• Eastman Kodak v. Sun Microsystems (U.S. District Court, WDNY; 2004): Plaintiff’s jury verdict establishing infringement by Sun’s Java platform of Kodak software architecture patents, resulting in settlement of approximately $100 million.
• In the Matter of the Dissolution of Genesee Hospital (New York State Supreme Court; 2004): Summary judgment in the amount of $6.9 million obtained for client in matter of first impression involving nature and extent of statutory receiver's powers.
• NYS Deferred Compensation Plan (2004): Retained as counsel for the Plan in connection with various mutual fund market timing and late trading issues.
• In re Hitchings, et. al. (NASD; 2003): Plaintiffs' counsel in connection with investment suitability claims resulting in settlement of $4.3 million.
• Frontier/Kemper Constructors v. American Rock Salt Company (U.S. District Court, WDNY; 2003): Defense of contractors’ delay and differing site condition claim for $35 million regarding construction of salt mine.
• University of Rochester v. Pfizer (U.S. District Court, WDNY; 2003): Co-counsel for Pfizer in patent infringement claim involving manufacture of the drug Celebrex, resulting in summary judgment dismissing complaint.
• Frink America v. Champion Road Machinery (U.S. District Court, NDNY; 2002): Plaintiff’s jury verdict for $5.3 million in an action for misappropriation of intellectual property.
• Solaia Technology v. Eastman Kodak (U.S. District Court, Northern District of Illinois; 2002): Defense of Eastman Kodak in patent infringement action involving networked programmable logic controllers.
• Trafalgar Power v. Stetson-Harza (U.S. District Court, NDNY and U.S. Court of Appeals, Second Circuit; 2001): Plaintiff’s jury verdict for $11.1 million in an engineering malpractice action.
• Mayo v. Village of Palmyra (U.S. District Court, WDNY; 1998): Plaintiff’s jury verdict for $1.85 million for real estate developer against municipality for denial of substantive due process and equal protection rights.