Defended Dutch biopharmaceutical company in a patent infringement suit in the Southern District of New York. After prevailing on its counterclaims of non-infringement and invalidity, client maintained that the asserted patent was procured by inequitable conduct. Following a five-day bench trial, the Court agreed and found that the patentee engaged in inequitable conduct. Represented client on appeal before the United States Court of Appeals for the Federal Circuit. Obtained full affirmance and denial of petitions that sought panel rehearing and rehearing en banc. The Supreme Court denied Defendants’ petition for writ of certiorari. On remand to the Southern District, obtained finding case was “exceptional” under the Patent Act. The Court awarded client’s request in full for attorneys’ fees, expert fees, and litigation expenses and costs, along with prejudgment interest at a rate of 9% compounded annually, and post-judgment interest. The award in principal was more than $10.5 million in fees and costs, and an estimated $3 million in interest.
Represented patent owner in inter partes review before the United States Patent and Trademark Office. Petitioner sought to invalidate all twenty-three claims of client’s patent. At the institution phase, the Patent Office did not institute review as to six of the patent’s claims. In its final written decision on the remaining seventeen claims, the Patent Office found in client’s favor, upholding the patent’s validity. The Patent Office found patent owner introduced strong evidence of objective indicia of nonobviousness, which few patent owners have successfully accomplished. At the time, only 4.5 percent of total petitions result in a trial where no instituted claims are found unpatentable, according to Patent Office statistics.
Defending financial institution in a patent infringement action filed in the Southern District of New York by a patent assertion entity that alleges infringement of five patents related to computer and network security technologies. Obtained summary judgment of noninfringement.
Defended medical device manufacturer in patent infringement suit in the District of New Jersey relating to intra-aortic balloon catheters and pumps. The matter was successfully settled on favorable terms.
Represented medical device manufacturer in patent infringement suit in the District of Delaware relating to polypropylene hernia patches. Case was resolved on favorable terms prior to trial.
Defended global communications client and three other defendants in a patent infringement suit in Tyler, Texas against a publicly traded patent assertion entity involving wireless technology. Following a six-day trial, the jury returned a verdict finding no infringement on all claims and all claims invalid as anticipated.
Defended a leading computer and mobile device company in a patent infringement action in Marshall, Texas related to smartphone technology. Plaintiff sought $250 million in damages from client and enhancement based on alleged willfulness. After a seven-day trial, jury deliberated an hour and returned a complete defense verdict, finding no infringement on all claims and all claims invalid as anticipated.
