Patent Litigation

Defended a popular ridesharing company in Eastern District of Texas patent proceedings from allegations that our client’s on-demand transportation services infringe Rothschild’s patents relating to GPS technology. Obtained a favorable settlement for our client.

We represented Atmel, a leading semiconductor manufacturer, in a multi-week arbitration through which we obtained an award of over $43 million arising from Ericsson's misappropriation of Atmel's patented AVR microcontroller technology and Ericsson's multiple breaches of the parties' license agreement.  The International Centre for Dispute Resolution, International Arbitration Tribunal also awarded Atmel a permanent injunction prohibiting Ericsson from continued misappropriation of Atmel's proprietary technology.

Defended Spanish touch-pad lock manufacturer Ojmar SA and its US subsidiary in a series of patent infringement actions filed by its direct competitor in the Northern District of California. We succeeded in getting two cases dismissed outright and defeated the third by successfully challenging the asserted patent in an IPR proceeding in the Patent Office—a decision summarily affirmed by the Federal Circuit Court of Appeals. We then filed a Walker Process/Handgards antitrust case on behalf of Ojmar against its dominant competitor. The case settled shortly before trial in June 2018.

Represented Google in the Federal Circuit Court of Appeals seeking affirmance of a Northern District of California ruling that a digital rights management patent was invalid. The Federal Circuit ruled in favor of our client, affirming invalidity of the asserted patents.

Served as co-counsel in litigation alleging infringement of patents for a vector for the expression of polypeptides. The cases were resolved by favorable settlements for Novartis. 

Represented Google in a multi-defendant patent infringement action in the Northern District of California involving smart phone, smart watch and headphone technologies. Following a claim construction hearing, the court ruled in favor of defendants.

We obtained a unanimous verdict in a three-week patent jury trial for our client Volterra Semiconductor in the United Stated District Court for the Northern District of California upholding the validity of Volterra's key patents for flip chip integrated power switches against challenges by defendants Infineon and Primarion. Infringement in favor of our client had been determined prior to trial as a result of key rulings we obtained in favor of Volterra in connection with claims construction and summary judgment proceedings.

Obtained a non-infringement judgment for defendants Motorola Mobility and Quickoffice Inc. on 47 mobile devices in a patent case in the U.S. District Court for the Eastern District of Texas. Judgment was upheld on appeal.

Defended Sonic Solutions in a patent infringement suit originally filed by MedioStream, Inc. in the Eastern District of Texas, that asserted infringement claims on two patents pertaining to technology for recording video information onto discs and were directed at Sonic's digital video and DVD software products. In a precedent-setting tactical victory, we obtained an appellate order transferring the litigation from the Eastern Texas to Sonic Solutions' home jurisdiction in Northern California. 626 F. 3d 1252 –(Fed. Cir. 2010) The trial court eventually dismissed - 869 F. Supp. 2d 1095 (N.D.Cal 2012) (granting motion to dismiss)

Defended Google in the U.S. District Court for the Eastern District of Texas in a four-patent case relating to multi-process web browsers. The case is currently pending a post-trial invalidity decision based whether the reissue patents improperly recaptured disclaimed subject matter under 35 USC section 251.

We defended Visa Inc. in a lawsuit filed by DataTern against it and others in the Eastern District of Texas which claimed that Visa was infringing DataTern's ‘402 patent titled "System for enabling access to a relational database from an object oriented program." We obtained a successful settlement of the case for Visa.

Defended Visa U.S.A. Inc. in a case where the plaintiff accused Visa’s gift card technology of infringing five patents. We prevailed on a case-dispositive claim construction at the district court, leading to a stipulated judgment of non-infringement on all five patents. The Federal Circuit upheld the claim construction and judgment on appeal. 563 F.3d 1378 (Fed. Cir. 2009). A petition for en banc rehearing and petition for writ of certiorari were both denied.

We defended Wal-Mart Stores, Inc. and Walmart.com USA, LLC in this action brought by Orion IP, LLC (also known by the name Clear With Computers LLC) in the Eastern District of Texas asserting claims for patent infringement against our clients and many other parties based on patents relating to online sales methods. We were able to settle the claims against our client at an early stage, obtaining the most favorable settlement ever extracted from this litigant by any retailer. We have handled several other patent and licensing related matters for Wal-Mart Stores, Inc. and Walmart.com USA, LLC.