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Experience
International Trade Commission
In re Certain Laptops, Desktops, Servers, Mobile Phones, Tablets, and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1280
Lead counsel for Amazon in three cases in the U.S. District Court for the Western District of Texas and an International Trade Commission (ITC) investigation instituted on behalf of Sonrai Memory Limited asserting Amazon’s laptops, desktops, and mobile phones infringe patents directed to power saving. Led on novel defenses relating to importation, domestic industry, and public interest.
In re Certain Electronic Devices, Semiconductor Devices, and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1340; In re Certain Electronic Devices and Semiconductor Devices With Timing-Aware Dummy Fill and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1319
Lead counsel for Motorola in Investigation No. 1340 and Lenovo in the prior related Investigation No. 1319. Both investigations asserted that Motorola products infringe patents relating to chip design software and should be excluded from the United States.
In re Certain Integrated Circuits, Chipsets, and Electronic Devices, and Products Containing the Same, U.S. International Trade Commission Investigation No. 337-TA-1287
Lead counsel for Amazon in International Trade Commission (ITC) investigation filed by NXP Semiconductors N.V. and NXP USA, Inc. alleging infringement of integrated circuits, chipsets, and electronic devices. The investigation involved Amazon products Echo, Fire, Kindle, and others.
In re Certain Carburetors and Products Containing Such Carburetors, U.S. International Trade Commission Investigation No. 337-TA-1123
Lead counsel for Amazon against Walbro, LLC in five-patent International Trade Commission (ITC) investigation. Summary determination on novel issue of law relating to domestic industry was granted prior to trial and commission affirmed the decision and complete victory for Amazon.
In re Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts, and Accoutrements, U.S. International Trade Commission Investigation No. 337-TA-1157
Lead counsel for Amazon in a unique International Trade Commission (ITC) investigation involving nonstatutory claims, including unfair competition, false designation of origin, and false advertising.
In re Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1162; In re Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1193
Lead counsel for Amazon in investigations involving allegations of infringement of patents relating to touchscreen technology and seeking an exclusion order. Involved big-picture policy arguments, including economic analysis of the International Trade Commission’s (ITC) public interest factors when nonpracticing entities (NPEs) file in the ITC developed alongside some of the top economists in the country.
In re Certain Filament Light-Emitting Diodes and Products Containing Same, U.S. International Trade Commission Investigation No. 337-TA-1220
Lead counsel for Amazon in investigation and related district court litigation involving allegations of infringement of patents relating to LED lightbulbs, brought by the University of California, Santa Barbara. Complaint was withdrawn shortly before trial.
In re Certain High-Density Fiber Optic Equipment and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1194
Lead counsel for Leviton in a patent infringement suit brought by Corning Optical Communications in the U.S. District Court for the District of Delaware and the International Trade Commission (ITC) alleging Leviton’s fiber optic products infringe four of its patents. Led to the ITC’s first remote trial in late 2020.
In re Certain Portable Battery Jump Starters, and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1256
Lead counsel for Advance Auto Parts in investigation alleging infringement of patents relating to portable battery jump starters and obtained dismissal.
In re Certain Portable Electronic Devices and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-994
Lead counsel for Google and other respondents in ITC investigation resulting in only victory on substantive issue of patent law through ITC’s 100-day program.
In re Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof, and Associated Software, U.S. International Trade Commission Investigation No. 337-TA-882
Lead counsel for Google as an intervenor in International Trade Commission (ITC) investigation brought by patent assertion entity Black Hills Media against accused smart TVs, Blu-ray players, and tablets and software used to stream video content on those devices, including Google Play Music, Google Maps, and YouTube. Prevailed after evidentiary hearing on all grounds.
U.S. District Court
BSD Crown, Ltd. v. Amazon.com, Inc. et al.
U.S. District Court for the Northern District of California
Lead counsel for Amazon, Amazon Web Services, and Twitch in case asserting patent infringement by certain live-streaming products. Filed a motion to dismiss the plaintiff’s willfulness claims.
EcoFactor, Inc. v. Amazon.com, Inc.
U.S. District Court for the Western District of Texas
Lead counsel for Amazon in case asserting infringement of two patents relating to home energy management against Amazon’s smart thermostat product.
Epistar Corporation v. Amazon.com, Inc
U.S. District Court for the Western District of Texas
Lead counsel for Amazon in a 13-patent case filed by Epistar Corporation, the largest LED manufacturer in Taiwan, alleging that Amazon’s Fire TV products infringe patents covering a range of LED chip technologies.
CUPP Cybersecurity LLC et al. v. NortonLifeLock Inc.
U.S. District Court for the Northern District of California
Lead counsel defending NortonLifeLock in nine-patent case initially brought in the U.S. District Court for the Northern District of Texas. Twice won motions dismissing and transferring venue and case is now stayed in the Northern District of California pending inter partes review (IPRs) and appeals.
Nike, Inc. v. lululemon athletica inc. et al.
U.S. District Court for the Southern District of New York
Represented lululemon in six-patent suit related to MIRROR.
Everlight Electronics Co., Ltd. v. Amazon.com, Inc. et al.
U.S. District Court for the Western District of Texas
Lead counsel for Amazon.com and Amazon.com Services LLC in this patent infringement suit brought by Everlight Electronics relating to light emitting products.
Guvera IP Pty Ltd. v. Spotify USA Inc.
U.S. District Court for the Southern District of New York
Represented Spotify in an action alleging patent infringement. Won a motion to dismiss on patent-eligibility grounds and prevailed over the patent owner’s motion for reconsideration.
B# On Demand LLC v. Spotify USA Inc. et al.
U.S. District Court for the District of Delaware
Lead counsel for Spotify in a five-patent case relating to encryption techniques. Prevailed on Section 101 grounds, obtaining a motion to dismiss for patent-ineligible subject matter.
MOAEC Technologies, LLC v. Spotify USA, Inc.
U.S. District Court for the District of Delaware
Lead counsel for Spotify, obtaining a judgment of invalidity of a patent relating to a music organizer and prevailing on Section 101 grounds.
SISVEL v. Spotify USA Inc.
U.S. District Court for the District of Delaware
Lead counsel for Spotify in a five-patent case. Obtained summary judgment of patent invalidity of three patents, prevailing on Section 101 grounds.
Finjan, Inc. v. Blue Coat Systems LLC
U.S. District Court for the Northern District of California
Lead counsel defending Blue Coat, a subsidiary of Symantec Corporation, in a 10-patent suit relating to network security technology, which resulted in a favorable jury verdict for Blue Coat.
Mediations and Early Neutral Evaluations
- Declaratory-judgment plaintiff and defendant patent owner were involved in serial litigation relating to allegations the defendant willfully infringed plaintiff’s patents involving diagnostic test. The case was settled following mediator’s proposal.
- Competitor case relating to a life sciences patent was settled following years of litigation with an early neutral evaluation followed by mediation, and finally with a mediator’s proposal.
- Trademark case in the wine industry was settled following successful mediation and agreement to modify wine label.
- Competitor patent infringement and unfair competition litigation in casino technology industry was settled following mediation.
- Mediated litigation pending in several district courts, appellate courts, and foreign countries over extended time period, ultimately bringing parties closer together and paving the way for successful pretrial settlement conference with magistrate judge.
