JOSEPH P. DELLA MARIA, JR.

Of Counsel

jpd@rbmchicago.com

Areas of Practice

  • General Business Practice
  • Litigation
  • Intellectual Property

Education

  • J.D., Notre Dame Law School, 1966
  • A.B., University of Notre Dame, 1962

Experience

  • Law Clerk to Judge Roger J. Kiley, United States Court of Appeals, Seventh Circuit, 1966-67 U.S. Navy, Judge Advocate Generals Corps., 1967-1971
  • Instructor, U.S. Navy Justice School, 1968-71
  • Trustee, Village of Wayne, Illinois, 1988 to 1995

Admissions

  • Supreme Court of Illinois
  • United States Supreme Court
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Military Appeals
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, District of Arizona

Mr. Della Maria represents small and mid-sized corporations and individuals in business transactions and corporate matters including a wide variety of business agreements, domestic and international supply and distribution agreements, mortgages and financing agreements, leases, employee matters, insurance matters, franchise registration and operation, state and federal tax, estate planning, and other business matters.

Mr. Della Maria also represents large and small corporations and individuals in a broad range of business litigation, including unfair competition, patent, trade secret, trademark, copyright, employee termination, discrimination, computer software and electronic data misappropriation, products liability, and entertainment litigation.

Major litigation, transactions, and other experience

Koch Engineering Company, Inc., et al. v. Glitsch, Inc., et al., No. CA3:83-CV-0460-T, U.S. District Court for the Northern District of Texas, Dallas Division; No. 02-1336, U.S. Court of Appeals for the Federal Circuit: Primary responsibility for defending trade secret issues in damages phase of patent and trade secret case, involving high efficiency packing for exchange columns in refinery and petrochemical industries and computer software, where plaintiffs claimed damages exceeding $100 million, including three-week bench trial; primary responsibility for defending proceedings to enforce judgment; primary responsibility for appellant's brief and oral argument on trade secret part of case in U.S. Court of Appeals for the Federal Circuit (1992-2004).

Forgach v Medela, Inc., No. CIV 97-326 TUC ACM, United States District Court, District of Arizona: Primarily responsible for defense of patent case involving foot pedal breastpumps (1997-1998).

Flents Products Co., Inc. v. Medela, Inc., No. 396 CV 00747, U.S. District Court, District of Connecticut; Medela, Inc., et al. v. Flents Products Co., Inc., Case No. 96 C 3432, U.S. District Court, Northern District of Illinois: Primary responsibility for defense of declaratory judgment action and prosecution of design patent infringement case, involving breast warming pack (1996).

Medela, Inc. v. Tesina Painter, et al., No. CC-95-04403, County Civil Court at Law Number One, Dallas County, Texas; Tesina S. Painter, et al. v. Medela,Inc., et al., No. 96-09910-J, District Court, Dallas County, Texas, Judicial District: Primary responsibility for defense of counterclaim alleging usury, fraud, deceptive trade practices, and libel (1996 to 1998).

Natural Technologies, Inc. d/b/a White River v. Medela AG, et al., No. 728661, Superior Court of the State of California, Orange County: Primary responsibility for defense of fifteen corporate and individual defendants in complex case involving allegations of conspiracy, trade libel and unfair competition (1994-1996).

Medela, Inc., et al. v. Ameda/Egnell Corporation, et al., Civil Action No. 94 C 50317, United States District Court for the Northern District of Illinois, Western Division: Primary responsibility for prosecution of patent infringement and unfair competition case, involving electric breast pump technology (1995).

Fifty-State Franchise Registration and Compliance: Primarily responsible for drafting Offering Circular, form of Franchise Agreement and other agreements for service-oriented franchise system, as well as franchise registration and compliance on a nationwide basis for mid-sized medical equipment and service company (1992-1996).

Montes, et al. v. Boladian, et al., Case No. CV 92-2685R, U.S. District Court for the Central District of Cal., and No. 93-55387, U.S. Court of Appeals, Ninth Circuit; Tercer Mundo, Inc. v. Boladian, et al., No. CV 93-4106 R, U.S.D.C., Central District California: Primary responsibility for defending multiple trial court proceedings and appeal in federal copyright litigation involving ownership of songs written by George Clinton and other members of Funkadelic and Parliament, where plaintiffs claimed ownership of 169, including one-week bench trial (1992 to 1997).

Priority Records v. Bridgeport & Tercer Mundo, No. 94 CIV 0389; U.S. District Court, Southern District of New York, transferred to California on 1/31/96 as Case No. CV96-0690 R, U.S. District Court for the Central District of Cal.: Primarily responsible for defense of interpleader and prosecution of counterclaims for copyright infringement involving 537 claimed infringements of music publishing and sound recording copyrights by various rap artists, in which counterplaintiffs claimed lost royalties and counterdefendants' profits in excess of $10 million (1993-1998).

Director, Mittelhauser Corporation: Service on Board of Directors of mid-sized hazardous waste consulting and remediation company with offices in Illinois, California and Indiana (1978 to 1995).

Director, Hilltop Cabinet Distributors, Inc.: Service on Board of Directors of mid-sized cabinet and kitchen equipment distributor in the Chicago metropolitan area (1986 to date).

Holloway v. Mittelhauser, et al., Case No. 698334, Superior Court of the State of California for the County of Orange: Primary responsibility for defense of pregnancy and sex discrimination case where plaintiff claimed damages exceeding $1 million (1992-1993).

In re A C Jewelers, No. 86 B 00078, U.S. Bankruptcy court, Northern District of Illinois; American National Bank of Arlington Heights v. Alex Klinko, No. 86 CH 118, Circuit Court of the Nineteenth Judicial Circuit, Lake County, Illinois. Primary responsibility for representation of major creditor and emergency recovery of collateral in bankruptcy proceeding, and subsequent foreclosure on residence of debtor's stockholder, resulting in full collection on loan of approximately $500,000.00.

Forty-Eight Insulations, Inc. v. Aetna Casualty & Surety Company, et al., Case No. 87 C 10594, U.S. District Court for the Northern District of Illinois, Eastern Division: Represented Foster Wheeler Corporation in a case brought by subsidiary, Chapter 11, claiming in excess of $200 million primary and excess insurance coverage to cover asbestos claimants (1987 to 1995).

Slimack, et al. v. Country Life Insurance Company, et al., Case No. 81-L-929, Circuit Court for the 20th Judicial Circuit, St. Clair County, Illinois: Primary responsibility for defense of alleged class action for wrongful termination by approximately 3,000 former insurance agents of insurance company, including three-week bench trial of class certification issue (1981-1990).

Felts, et al. v. Country Mutual Insurance Company, et al., Case No. 76 L 65, Circuit Court for the Fifth Judicial Circuit, Coles County, Illinois: Primary responsibility for defense of 92-count complaint by 17 former insurance agents for wrongful termination, breach of contract and restitution, including three-day jury trial and one-week bench trial (1976-1985).

Sudeikis and Kabala v. CTA, et al., Case No. 75 C 2277, United States District Court for the Northern District of Illinois, 78 L 3241, Circuit Court of Cook County, Illinois, Law Division, First District Illinois Appellate Court, reported at 81 Ill.App.3d 838, 37 Ill.Dec. 21, 401 N.E.2d 1114 (1st Dist. 1980), 75 C 2277 and 83 C 5962, U.S. District Court, aff'd, 774 F.2d 766 (7th Cir. 1985); 86 L 25201 and 86 L 25203 (consolidated), Circuit Court of Cook County, Illinois, Law Division; aff'd, First District, 91-3146, appeal denied, Supreme Court No. 75639: Primary responsibility for defense of multiple lawsuits by former employees for civil rights violations and breach of settlement agreement (1975-1993).

Tax-Qualified Incentive Stock Option Plan: Primary responsibility for drafting stock option plan covering both tax-qualified incentive stock options and non-qualified options, option agreements and forms of stock repurchase agreements, as well as development of a computerized system for documentation of options, repurchase agreements upon exercise, and tracking deadlines (1989 to 1995).

Commercial Loan Documentation Package. Primarily responsible for development and drafting of comprehensive Commercial Loan Document Package for major suburban bank.

Bonner v. Westbound Records, Inc. and Westbound Records, Inc. v. Phonogram, Inc., No. 74 CH 1356, Circuit Court of Cook County, Illinois, No. 83-2213, Illinois Appellate Court, First District, reported at 76 Ill.App.3d 359 and 76 Ill.App.3d 736 (1st Dist. 1979). Primarily responsible for appeal where court found exclusive recording contract between Ohio Players and record company is valid and enforceable and remanded case for trial on multi-million dollar claims arising out of release of five gold and platinum albums by subsequent recording company (1979-1982). Primarily responsible for prosecution of claim against subsequent record company for interference with contract.

Foster Wheeler Corporation v. Babcock & Wilcox Company, No. 76 CIV 1224, U.S. District Court, Southern District of New York. Reported at 440 F.Supp. 897 (1977) and 512 F.Supp. 792 (1982) and 193 USPQ 161 (Southern District Indiana 1976). Responsible for prosecution of declaratory judgment concerning alleged infringement and breach of contract in litigation involving steam circuitry on multi-million dollar electrical generating stations, including two-week bench trial (1976-1981).

Egnell, Inc. v. Weniger, et al., No. 80 CH 6643, Circuit Court of Cook County, Illinois, and No. 80-3162, Appellate Court of Illinois; reported at 94 Ill.App.3d 325, 418 N.E.2d 915, 49 Ill. Dec. 895 (1st Dist. 1981). Primary responsibility for defense of preliminary injunction trial and appeal involving alleged misappropriation of trade secrets and enforcement of non-competition agreement, including bench trial (1980-1981).

CTA v. Weatherspoon, No. 79 CH 8200, Circuit Court of Cook County, Illinois. Responsible for prosecution of injunction case against bus and rapid transit operators and their unions to halt City-wide strike against Chicago Transit Authority (1979).

Mathias v. Mading-Dugan, No. 70 C 2151, U.S. District Court, Northern District of Illinois. Responsible for defense of one of several defendants in complex insurance and securities fraud litigation, including two-week jury trial (1975-1977).

United States Navy, Judge Advocate Generals Corps: 1967-1971

Highest rank: Lieutenant Commander

Fourth Naval District Headquarters, Philadelphia, PA: Responsible for prosecution and defense of courts martial, counsel for disabled retirees at Physical Evaluation Board, and legal assistance (1968)

Naval Justice School, Newport, Rhode Island: Instructor in Court Martial Procedure and Constitutional Law in regular courses for lawyers and non-lawyers and special courses for senior officers and military judges; wrote procedure text used by Naval Justice School to reflect massive changes in Uniform Code of Military Justice in 1969; one of six Instructors selected to teach first course for newly-appointed Special Court Martial Judges in Navy and Air Force in Southeast Asia; expanded law library from basic military law to include all federal and major state case law and materials for a comprehensive criminal law library (1969-1971).

Recipient of Navy Commendation Medal (June 1971)

PUBLIC OFFICE

Trustee, Village of Wayne, Illinois,

Board of Trustees. Appointed 1988, elected 1989, 1993;

Chairman of Development Committee. Primarily responsible for development of Historic and Rural Preservation Ordinance involving conservation easements and land donation to municipality to block county and state powers of eminent domain for road widening and bridge construction; negotiated several major annexation agreements for residential and commercial developments; assisted in comprehensive revision of zoning and subdivision ordinances.