2019: Won denial of motion to dismiss in patent case concerning television broadcast center technology, because pleadings were specific enough.
2019: Part of winning trial and appeal team for Tinnus Enterprises and Zuru, Inc. against adjudged infringer Telebrands, Inc. in case about Bunch O Balloons, the famous award-winning water balloon toy.
2018: Won denial of motion to dismiss in patent case concerning television broadcast center technology, because license defense failed.
2018: Successfully resolved trade secrets theft accusation by obtaining plaintiff’s voluntary dismissal of pending lawsuit, with prejudice.
2016: Successfully negotiated resolution of trade secrets dispute.
2016: In Conair Corp. & Babyliss FACO SPRL v. Taizhou Jinba, after a court hearing on damages, we obtained a large default judgment and a permanent injunction for our client against an importer of substantially similar hair care products.
2014: In Conair Corp. & Babyliss FACO SPRL v. Le Angelique, Inc., we obtained a temporary restraining order for our client against an importer of substantially similar hair care products.
2014: In Conair Corp. & Babyliss FACO SPRL v. K&A Beauty, LLC, we obtained a permanent injunction for our client after entry of a final default judgment against another importer of substantially similar hair care products.
2014: In Yowie North America, Inc. v. Candy Treasure, LLC, we obtained denial of a preliminary injunction motion in a patent and unfair competition case against our client in the confectionary industry. The case was later dismissed by settlement.
2014: We filed a civil rights action against the United States Patent and Trademark Office seeking a declaration that inter partes review proceedings are unconstitutional.
2014: In Marvellous Day Electric v. Holiday Bright Lights, we obtained summary judgment of invalidity for our client against an international electric light manufacturer’s claim of patent infringement. We also obtained dismissal of all claims under state and federal unfair competition laws. None of the decisions were appealed.
2013: We were appointed counsel for a civil rights plaintiff and obtained a jury verdict against the defendant for violating our client’s Eighth Amendment rights. The jury awarded both compensatory and punitive damages.
2011: In Lear Corp. v. Johnson Controls, Inc., we and our co-counsel won a jury trial in Detroit, Michigan for a first-tier automotive supplier against its direct competitor. Representing the patentee, we won by proving indirect infringement (inducement) of dependent claims under the doctrine of equivalents, winning substantial damages in a jury verdict finding infringement and no invalidity. In the process, we achieved a major mid-trial evidentiary victory on the admissibility of survey evidence.
2009: In Newegg v. TeleCommunication Systems, Inc., we and our co-counsel won transfer from a California to a Maryland court, to bring a declaratory judgment case into our client’s home district.
2008: In 1st Technology v. Bodog Entertainment Group, we and our co-counsel won a preliminary injunction against our client’s opponent, precluding the opponent from transfers of numerous intellectual property assets.
2008: In Revenue Science, Inc. v. Valueclick, Inc., we won dismissal on the pleadings of a complaint that accused our client of patent infringement.
2019: Filed Ninth Circuit Court of Appeals amicus brief on behalf of Christian clergyman supporting removal of unconstitutional Latin cross in a public park.
2016: Successfully argued appeal of criminal sentence, resulting in vacating of the original sentence and restitution order, with remand for resentencing.
2016: The firm won an agency appeal for our client in the Court of Appeals for the Federal Circuit (App. No. 2016-1592), resulting in a precedential opinion vacating a Patent Trial and Appeal Board decision that had invalidated his patent.
2016: The firm won a white collar criminal sentencing appeal for our client in the Court of Appeals for the Seventh Circuit (App. No. 15-1180), vacating a sentence and restitution order. The case had involved allegations of criminal violations of the Electronic Espionage Act and Computer Fraud and Abuse Act in the context of a high frequency trading company.
2016: The firm won a patent appeal for our client Computer Software Protection against Adobe Systems, Inc. in the Court of Appeals for the Federal Circuit (App. No. 15-1608) (affirming per curiam without opinion), resulting in affirmance of a denial of attorneys’ fees under 35 U.S.C. § 285.
2016: The firm won a patent appeal for our client Lifeport Sciences against Medtronic, Inc. in the Court of Appeals for the Federal Circuit (App. No. 15-1862) (affirming per curiam without opinion), resulting in affirmance of patent validity found by the Patent Trial and Appeal Board of the United States Patent and Trademark Office.
2015: The firm and co-counsel won a patent appeal for our client Lighting Ballast Control against Universal Lighting, Inc. in the Court of Appeals for the Federal Circuit (App. No. 12-1014), on remand from the United States Supreme Court. This precedential opinion affirmed a $3 million jury verdict and judgment. Before Supreme Court review, the case had earlier involved an unfavorable en banc decision. Ultimately, the Supreme Court overturned the en banc decision, reversing longstanding review standards that gave inadequate deference to district court patent claim construction findings.
2015: The firm won an appeal in the Court of Appeals for the Eighth Circuit (App. No. 2013-3388), in a case alleging that a bank tortiously helped a Ponzi scheme flourish, resulting in a published opinion reinstating the case for our client.
2012: The firm won a patent appeal for our client 1st Media, LLC against Electronic Arts, Viacom, and Sony Computer Entertainment America in the Court of Appeals for the Federal Circuit (App. No. 2010-1435) (reversing a judgment of inequitable conduct in full), resulting in a published opinion reinstating an infringement case regarding the Rock Band video game.
2008: The firm won a patent appeal for our client 1st Technology, LLC against the online gaming enterprise Bodog Entertainment Group in the Court of Appeals for the Federal Circuit (App. No. 2008-1132) (affirming per curiam without opinion), resulting in affirmance of a $50 million patent infringement judgment.
2007: The firm won major parts of a patent appeal for our clients HyperPhrase Technologies, LLC and HyperPhrase, Inc. against Google, Inc. in the Court of Appeals for the Federal Circuit (App. No. 2007-1125, -1176) (affirming-in-part and reversing-in-part), resulting in remand for further proceedings in the trial court.
2019: Won client a rehearing before Patent Office Director in one of the first ever Precedential Opinion Panel (POP) proceedings at the Patent Trial and Appeal Board.
2019: Successfully negotiated cease and desist agreement by an infringer of client’s trademark.
2014: After filing a preliminary response in the Patent Trial & Appeal Board, we obtained dismissal of a petition for inter partes review directed against a cryptography invention.
2012: On February 7, 2012, the United States Patent and Trademark Office granted our request for ex parte reexamination of a design patent being asserted against our client. The patent was ultimately found invalid.
2011: Through petition practice, we won dismissal of an inter partes reexamination proceeding filed against our client to invalidate one of its major revenue-generating patents.
2010: Through petition practice, we succeeded in having stricken all of an inter partes reexamination requester’s comments and expert evidence, leaving only our patentee-client’s evidence for the Patent Office to consider.
We are licensing counsel to clients ranging from individual inventors to Fortune 500 companies. We have favorably concluded many licenses on behalf of both rights holders and rights buyers, ranging from small acquisitions or sales to multi-million dollar IP licenses. We handle both large-scale licensing campaigns and one-time licenses, as well as license acquisitions. In one example, we counseled a food industry client in its acquisition of exclusive rights to be the only company allowed to sell a consumer food product.
2018: Successfully concluded multi-million dollar licensing campaign of significant patent portfolio in wireless technology with dozens of licensees.