Intellectual Property

Patent Litigation, Including ITC Section 337 Proceedings and PTAB AIA (IPR, CBM and PGR) Proceedings

We have successfully represented clients in major patent cases in district courts and commercial arbitrations throughout the country, in the ITC, in the Federal Circuit Court of Appeals and in the United States Supreme Court. The Firm has a national patent litigation practice and we regularly represent both plaintiffs and defendants in the well-known patent venues in California, Delaware, Illinois, Michigan, Texas, Virginia, Wisconsin and the ITC. Our attorneys are experienced in a wide range of industries and technologies, including: aerospace, automotive, life sciences and pharmaceuticals, business and financial methods, chemicals, computer hardware and software, consumer goods such as apparel, footwear and toys, display and display materials technologies, electronics, real property and architecture, Internet technologies and new media, manufacturing systems and industrial equipment, medical devices, online gaming, semiconductors and fabrication equipment and telecommunications.

While the patent cases we handle are complex, our formula for success is not. We identify early in the case which issues are the most critical to achieving a successful outcome so that we can staff our cases efficiently and win them before trial, as well as at trial. We recognize that it is not only important to understand complex technical issues, but to communicate them in clear and persuasive ways to judges and juries, and we are skilled at doing so. Our reputation as trial lawyers often encourages settlements, but we always prepare to win. Our track record of success speaks for itself.   

Representative Patent Matters:

  • Won summary judgment of noninfringement of nine JVC Kenwood optical disc patents for client Nero, based on patent exhaustion and end user licenses containing express releases, including successfully moving to strike JVC’s 96-page expert declaration as inconsistent with its infringement contentions. The decision was unanimously affirmed on appeal in a precedential opinion.
  • Won reversal by the Federal Circuit Court of Appeals of district court's denial of attorneys' fees, with a unanimous panel issuing a precedential opinion holding that the district court had abused its discretion.
  • Won summary judgment of noninfringement of both asserted patents and invalidity of one asserted patent as anticipated by the prior art for client VIZIO, in case accusing the video processing algorithms used by chipsets in VIZIO's televisions.
  • Won summary judgment of invalidity for client VIZIO, invalidating a patent on portable input-output computer systems based on inadequate written description and failure to claim what the inventor regarded as his invention.
  • Won a complete defense victory in the ITC for respondent VIZIO, preventing exclusion of VIZIO’s blu-ray players.
  • Won summary judgment for defendant Roche, invalidating three Stanford HIV test patents for obviousness and ending Stanford's multimillion-dollar patent infringement suit, and maintained our victory on appeal to the Federal Circuit, before the en banc Federal Circuit on rehearing, and in a decisive victory in favor of Roche in the U.S. Supreme Court.
  • Won a complete defense victory for defendant Intrado in a trial over patent infringement and indemnity issues involving telecommunications patents and their application to the routing of wireless telephone calls.
  • Obtained affirmance in the Federal Circuit of favorable District Court Markman ruling for defendant VIZIO against Patent Harbor in patent infringement case against VIZIO's DVD and Blu-ray players.
  • Won summary judgment of noninfringement for defendant Nike, defeating claims that Nike infringed a rival’s design patent with its AIR JORDAN XVII basketball shoes and won the appeal to the Federal Circuit.
  • Defeated a multimillion-dollar patent royalties claim and obtained compensation from plaintiff in excess of $1 million on behalf of defendant, a major software developer.
  • Won a defense victory for Genentech in multidistrict patent litigation over Columbia University’s recombinant DNA patent.  Columbia conceded the case on the eve of defendants’ summary judgment motion on obviousness-type double patenting, giving Genentech and the other defendants a broad covenant not to sue on the patent at issue.
  • Won reversal and remand for Abbott Laboratories in a patent case taken over post-trial, with the Federal Circuit affirming a post-judgment ruling setting aside willfulness, vacating an injunction prohibiting Abbott from selling its HCV genotyping product, and reversing and remanding for a new trial on invalidity.
  • Achieved no-money settlement for car parts retailer in hard-fought suit brought by famous carmaker involving numerous design patents and trademarks.