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Experience
Patent Litigation
NorthPeak Wireless, LLC v. 3Com Corporation, et al.
U.S. District Court for the Northern District of California
U.S. Court of Appeals for the Federal Circuit
Defended Intel and its customers in patent matter accusing 802.11b-compliant (WiFi) products.
Stragent, LLC and SeeSaw Foundation v. Intel Corporation
U.S. District Court for the Eastern District of Texas
Defended Intel in patent infringement case relating to CRC polynomial circuits. Obtained a jury verdict of noninfringement and invalidity.
Fontem Ventures B.V., et al. V. R. J. Reynolds
U.S. District Court for the Middle District of North Carolina
Representing plaintiff Fontem in enforcing seven electronic cigarette patents in two infringement cases. Cases are ongoing.
Fontem Ventures B.V., et al. V. Nu Mark, LLC
U.S. District Court for the Middle District of North Carolina
Represented plaintiff Fontem in enforcing 16 electronic cigarette patents in two infringement cases. Cases resolved after the judge denied Nu Mark’s motion to stay pending IPR proceedings.
Fontem Holdings 1 B.V. & Fontem Ventures B.V. v. NJOY, Inc.
U.S. District Court for the Central District of California
Represented plaintiff Fontem in enforcing five electronic cigarette patents in nine patent cases against some of the largest e-cigarette companies operating in the United States. Cases resolved prior to trial.
High Tech Computer (HTC) Corporation, et al. v. IPCom GmbH & Company, KG
U.S. District Court for the District of Columbia
U.S. Court of Appeals for the Federal Circuit
Representing HTC as declaratory judgment plaintiff and counterclaim defendant in patent infringement suit in which HTC mobile telephones are alleged to infringe patents relating to synchronization, handover and access authorization in Global System for Mobile Communications (GSM) and 3rd Generation Partnership Project (3GPP) networks. Won summary judgment of non-infringement on two patents, and third patent was rejected in reexamination. Convinced Federal Circuit to affirm PTO’s ruling that claims to a method of avoiding cellular network overload were unpatentable over prior-art GSM specifications. No. 2015-1754 (Fed. Cir. Jul. 11, 2016).
Americans for Fair Patent Use LLC v. Sprint Spectrum, L.P., et al.
U.S. District Court for the Eastern District of Texas
Represented HTC America in dispute regarding false marking of mobile device patents. Case settled.
Saxon Innovations LLC v. High-Tech Computer (HTC) Corporation, et al.
U.S. District Court for the Eastern District of Texas
Defended HTC, a major smart phone and Personal Digital Assistant (PDA) manufacturer, in action alleging infringement of four patents relating to communications chips and wireless communications privacy.
In re Certain Electronic Devices, Including Handheld Wireless Communication Devices
U.S. International Trade Commission
Defended HTC Corporation against allegations of patent infringement relating to performance and power management in semiconductors used in wireless communication devices.
Typhoon Touch Technologies Inc. v. Dell Inc., et al.
U.S. District Court for the Eastern District of Texas
Defended HTC, a major smart phone and PDA manufacturer, in action alleging infringement of two patents relating to touch screen technology. Won summary judgment of non-infringement.
Apple Inc. v. High Tech Computer (HTC) Corporation
International Trade Commission
U.S. District Court for the District of Delaware
Defended HTC in actions in the International Trade Commission (ITC) and district court alleging infringement of 20 patents relating to operating systems and mobile handsets.
Inter Partes Reviews
NJOY Inc. et al. v. Fontem Holdings 1 B.V.
Patent Trial and Appeal Board
Represented patent owner Fontem Holdings 1 B.V. in defending against three IPR petitions relating to electronic cigarette technology. Cases terminated before final written decision. IPR2014-01289, IPR2014-01300, IPR2014-01529.
Nu Mark LLC v. Fontem Holdings 1 B.V.
Patent Trial and Appeal Board
Represented patent owner Fontem Holdings 1 B.V. in defending against 25 IPR petitions relating to electronic cigarette technology. IPR2016-01283, IPR2016-01285, IPR2016-01288, IPR2016-01297, IPR2016-01298, IPR2016-01299, IPR2016-01302, IPR2016-01303, IPR2016-01307, IPR2016-01309, IPR2016-01438, IPR2016-01641, IPR2016-01642, IPR2016-01664, IPR2016-01668, IPR2016-01705, IPR2016-01706, IPR2016-01707, IPR2016-01773, IPR2017-000204, IPR2017-00205, IPR2017-00257, IPR2017-00303, IPR2017-00304, IPR2017-00342. Cases terminated before final written decision. The Board denied four of five petitions decided before termination. IPR2016-01283, IPR2016-01285, IPR2016-01307, IPR2016-01309.
R.J. Reynolds Vapor Company v. Fontem Holdings 1 B.V.
Patent Trial and Appeal Board
Represented patent owner Fontem Holdings 1 B.V. in defending against eight IPR petitions relating to electronic cigarette technology. IPR2016-01268, IPR2016-01270, IPR2016-01272, IPR2016-01527, IPR2016-01532, IPR2016-01691, IPR2016-01691, IPR2016-01859. Cases are ongoing. The Board denied three of the first five petitions it decided. IPR2016-01270, IPR2016-01527, IPR2016-01532.
In re Fontem Holdings 1 B.V.
Patent Trial and Appeal Board
U.S. Court of Appeals for the Federal Circuit
Represented patent owner Fontem Holdings 1 B.V. in appeal relating to IPR petition on electronic cigarette technology. Appeal was terminated through voluntary dismissal.
Intellectual Property Litigation
PowerDsine Inc. (Microsemi Corporation), et al. v. AMI Semiconductor Inc. (ON semiconductor), et al.
U.S. District Court for the Southern District of New York
Defense of action alleging misappropriation of proprietary information disclosed under a non-disclosure agreement (NDA) relating to integrated circuits used in Power-over-Ethernet technology, and seeking $88 million in damages. Case settled on highly favorable terms after court found sufficient merit in Defendant's oral motion to exclude Plaintiff's damages expert and to strike Plaintiff's damages claims to suspend the trial in its second week and request detailed written briefing.
Litigation
Johnson, et al. v. Arizona Hospital and Healthcare Association, et al.
U.S. District Court for the District of Arizona
U.S. Court of Appeals for the Ninth Circuit
Trial counsel for defendant hospitals in alleged price-fixing class action and lead counsel for defendants in opposing interlocutory appeal from partial denial of class certification. Case pending. No. CV 07-01292-SRB (D. Ariz.) and No. 09-901-42 (9th Cir.)
Pro Bono
Smith v. Ryan
U.S. District Court for the District of Arizona
Represented inmate in seeking preliminary injunction to obtain medication to treat post-herpetic neuralgia. Won preliminary injunction forcing the state and medical service provider to make requested mediation available. Settled before trial.
