Litigation

We have a wealth of experience in all aspects of intellectual property, antitrust and commercial litigation. Our goal is to work in partnership with our clients and achieve the best, most focused and cost-effective outcome in each circumstance.

We have successfully represented plaintiffs and defendants in cases before numerous state and federal courts including the United States Supreme Court, as well as before regulatory agencies, such as the International Trade Commission. We are also experienced in alternative dispute resolution forums, appreciating that litigation may not be the answer in all circumstances. We frequently combine our litigation skills and expertise with our corporate experience in situations such as work-outs and reorganizations.

Sample Litigation Representation:

One of the leading cases on the doctrine of the on sale bar, The Beachcombers International, Inc. and Patrick McCarthy v. WildeWood Creative Products, Inc., 31 F.3d 1154 (Fed. Cir. 1994), where a jury verdict of invalidity was obtained on behalf of WildeWood and the decision was successfully defended on appeal. The case established that sales by a person other than the patentee and unknown to the patentee, nonetheless constitute a statutory bar if such sales occurred more than a year before the filing of the application.
Independent Ink, Inc. v. Illinois Tool Works et al., 396 F.3d 1342 (Fed. Cir. 2005). Won a Federal Circuit reversal of summary judgment dismissing antitrust claims for illegal tying of patented products with non-patented products. The United States Supreme Court overruled the presumption of market power and remanded the case for trial.
Scieran Technologies, Inc. v. Bausch & Lomb Incorporated, D. Del. (2005). Patent infringement case involving a medical device for excising tissue in the back of the human eye. Case settled under confidential terms.
Targetti North America, Inc. v. Electrix, Inc., C.D. Cal. (2005). Patent infringement case involving fluorescent cove lighting systems for galleries, theaters and casinos. Case settled under confidential terms.
Systems Division, Inc. v. Teknek Electronics, LTD and Teknek, LLC, 2003 U.S. App. Lexis 3288 (Fed. Cir. 2003). Won appeal in Federal Circuit reversing District Court grant of summary judgment. On remand, won a $3 million jury verdict of patent infringement in industrial cleaning technologies.
Martin Gardner Reiffin v. Microsoft Corporation, 214 F.3d 1915 (Fed. Cir. 2000). Wrote the appeal brief resulting in reversal of summary judgment previously obtained by Microsoft against our client. The appellate opinion stands as one of the leading cases of the Gentry Gallery v. Berkline Corp., 134 F.3d 1973 (Fed. Cir. 1998) progeny of cases.
Hewlett-Packard Co. v. Repeat-O-Type Stencil Mfg. Corp, Inc., 123 F.3d 1445 (Fed. Cir. 1997). Obtained summary judgment against Hewlett-Packard of non-infringement of Hewlett-Packard patent based upon repair/reconstruction. Successfully defended award of summary judgment on appeal. The case is one of the leading cases of the repair/reconstruction doctrine.
Won a verdict of more than $23 million dollars for patent infringement in the case of Automotive Products PLC. v. Tilton Engineering, Inc., 855 F. Supp. 1101 (C.D. Cal. 1994). In that case, judgment also included an attorney’s fees award in excess of $3 million.
Won a $3 million dollar jury verdict after reversal of summary judgment against Plaintiffs and remand in the case of Systems Division, Inc. v. Teknek, 2003 U.S. App. Lexis 3288 (Fed. Cir. 2003).
Independent Ink, Inc. v. Illinois Tool Works et al., 396 F.3d 1342 (Fed. Cir. 2005). Won a Federal Circuit reversal of summary judgment dismissing antitrust claims for illegal tying of patented products with non-patented products. The United States Supreme Court has remanded the case for trial.
Caddock Electronics, Inc. v. Siemens Components, Inc. et al., (D. N.J. 1997). Successfully represented Plaintiffs in antitrust case against Siemens regarding specialized circuit breakers in telephone line systems. Case settled.
Automotive Products v. Tilton Engineering, Inc., 855 F.Supp. 1101 (C.D. Cal. 1994). Won patent infringement and antitrust claims, which resulted in a $24 million judgment for the client, including over $3 million in attorneys fees.
Clayton Jacobson v. Kawasaki Heavy Ind. Ltd., Japan; Kawasaki Motors Corporation, USA; and Kawasaki Motors Mfg., Corp., USA, (C.D. Cal. 1989). Successfully defended Kawasaki in antitrust case involving the “jet ski”®.
Abeshouse, dba Amity Products v. Ultragraphics, 754 F.2d 467 (2nd Cir. 1985). Obtained jury verdict in favor of Plaintiffs on a copyright infringement suit involving the Rubik’s Cube. Remanded on appeal for reduction of the jury verdict as the 2nd Circuit found that the verdict was excessive.
Interealty Corp. v. Superlative, Inc. et al., (C.D. Cal. 2001). Successfully defended client against allegations that it copied Plaintiff’s software used in its nationwide real estate business.
Veterinary Imaging Centers, Inc., v. Sound Technologies, Inc., et al., (N.D. Ohio 2002). Successfully defended client against allegations that it copied Plaintiff’s software related to veterinary services.
PMI v. Thermos, (W.D. Wash. 2004). Developed successful defense for Thermos against competitor’s trade dress attack on Thermos’ successful product.
St. Charles Mfg. Co. v. Mercer, 719 F.2d 380 (11th Cir. 1983). Obtained summary judgment against St. Charles and successfully defended the summary judgment on appeal. One of the leading cases on trademark infringement damages.
Case I.D. Confidential, (C.D. Cal. 1999). Successful defense of trade secret formulas for perfumes and lotions, including recoupment of attorney fees.