Practice Areas
Commercial and Business Litigation
Intellectual Property Litigation
Banking Litigation
Collections
Practice Emphasis
Ms. Elkjer has extensive experience in the areas of complex commercial litigation, intellectual property litigation, general corporate disputes and appellate work. Representation includes large and mid-size corporate clients, including manufacturers and distributors and clients in the oil and gas and banking industries. In addition to representation of clients in complex commercial litigation and intellectual property litigation, she has represented business clients in litigation, contract disputes, personal injury and oil and gas litigation matters. She has tried cases to a jury verdict and has argued appeals.
Representative Clients
• Advanced Display Systems, Inc.
• Alpha Testing, Inc.
• Boston Paperboard Corporation
• Cisco Systems, Inc.
• Fina Oil and Chemical Company
• Fina Technology, Inc.
• Marathon Oil Company
• St. Mary’s Paperboard Corporation
• TransData, Inc.
Representative Matters
Commercial Litigation
• Representation of Marathon Oil Company in multi-million dollar “take-or-pay” natural gas contract litigation against a large electric/fuel company.
• Representation of several businesses in various suits brought for breach of contract, breach of partnership agreement and other business disputes.
• Representation of various banks and financial institutions relating to breach of contract, suits on notes, attachments, foreclosures, garnishments and other ancillary litigation matters.
• Representation of major foundation company in several construction claims brought against it.
• Representation of various contractors in law suits against developers for monies owed.
• Representation of a subsidiary of prominent car manufacturer
defending foreclosure of commercial real estate and deficiency judgment
actions.
• Representation of officers and directors of homeowners association
in suit alleging breach of fiduciary duties.
• Representation of a non-profit corporation in suits brought by
a former employee for breach of contract and wrongful withholding of
federal taxes.
• Representation of television and radio personalities in various
lawsuits involving claims for breach of contract.
• Representation of textile manufacturer in suit involving alleged
breach of contract and violations of the Texas Sales Representative Act.
• Representation of shareholders of a law firm in litigation arising
out of departure from former law firm, including appeals of actions brought
under the Texas Payday Act.
• Dismissal of case brought against attorney accused of malpractice
and
securities violations.
• Representation of major international hotel chain in defense of
personal injury claim with significant jurisdictional issues.
Intellectual Property Litigation
• Defended Fina Oil & Chemical Company and Fina Technology, Inc. in claims including patent infringement and ownership, misappropriation of trade secrets, the rights to royalties on patents, the validity of employee secrecy agreements, defamation of character, infliction of emotional distress, civil conspiracy and breach of fiduciary duty.
• Representation of a client in a 35 U.S.C. § 256 claim (changing inventorship when the inventors refused to cooperate with the Patent and Trademark Office) in federal district court. This case also involved claims pursuant to sections 101, 111, 166 and 262 of the Patent Act.
• Representation of Advanced Display Systems, Inc. in a patent infringement suit regarding cholesteric liquid crystal technology against Kent State University that resulted in three week jury trial. This case also involved patent validity claims pursuant to sections 102, 103, and 112 of the Patent Act.
• Representation of client enforcing patent in design patent infringement action against manufacturers of office products
• Defense of copyright infringement suit regarding ads in Yellow Pages
• Defense of copyright and trademark infringement suits regarding Windspinners
• Representation of Marathon Oil Company in defense of copyright infringement action.
• Representation of Cisco Systems, Inc. regarding intellectual property consultation.
• Representation of client in claims involving patent invalidity, infringement and ownership as well as anti-trust issues in the oil and gas industry.
Trial Experience
• Representation of Fina Oil & Chemical Company in eight-week jury trial on intellectual property issues.
• Lead counsel representing several clients in Temporary Injunction hearings in different intellectual property cases.
• Representation of client as lead counsel in six-day trial regarding complicated property division including commercial buildings and partnership interests.
• Lead counsel prosecuting a personal injury claim to jury verdict.
Appellate
• Representation of Fina Oil and Chemical Company and Fina Technology, Inc. in three separate appeals to the Federal Circuit with regard to patent inventorship and validity issues.
• Successfully argued and defended dissolution of Writ of Garnishment in the Court of Appeals for the Fifth District of Texas at Dallas.
• Successfully argued appeal of jury verdict for personal injury claim in the Court of Appeals for the Fifth District of Texas at Dallas.
• Represented Marathon Oil Company in defense of appeal regarding contractual obligations.
Professional Involvement
• Member, State Bar of Texas
• Member, Dallas Bar Association
Honors and Awards
• While in law school, Ms. Elkjer was a finalist in the Dawson & Sodd Moot Court Competition
• Order of the Barristers
• Member of the Phi Delta Phi Fraternity
Education and Professional Background
• Admitted in Texas
• United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
• United States District Court for the Northern District of Oklahoma
• United States Court of Appeals for the Federal Circuit
• J.D., (cum laude) Baylor University, 1991
• B.A., (cum laude) University of North Texas, 1988
