Intellectual Property Litigation

Certain Wi-Fi Routers, Wi-Fi Devices, Mesh Wi-Fi Network Devices, and Hardware and Software Components Thereof; and Certain Wi-Fi Access Points, Routers, Range Extenders, Controllers and Components Thereof: Lead ITC counsel in patent-infringement investigations on behalf of Netgear against TP-Link. In the investigation filed by Netgear secured an initial determination of violation of Section 337 and a recommendation that exclusion and cease and desist orders issue to remedy the violation. The strength of the ALJ initial determination forced settlement of the parties’ dispute on terms highly favorable to Netgear.

Certain Semiconductor Devices, Mobile Devices Containing the Same, and Components Thereof: Lead ITC counsel for TSMC, the world’s largest manufacturer of semiconductor products and clear leader in the advanced node processes necessary to power cutting-edge technologies across all industries, in a high-consequence patent infringement investigation brought by Daedalus Prime. Daedalus sought exclusion of TSMC chips from the United States, as well as cease and desist orders barring a range of activities associated with the chips. After extensive pre-hearing litigation, and immediately after the final pre-hearing conference, Daedalus approached TSMC with an offer that resulted in settlement of the dispute.

Certain Movable Barrier Operator Systems and Components Thereof: Lead ITC counsel in a patent infringement investigation brought by Overhead Door Company (OHD) against market-leading Chamberlain Inc. OHD won sweeping victory before the ALJ, achieved affirmance of the victory before the Commission, and secured exclusion and cease and desist orders against nearly the entirety of Chamberlain’s product line.

Certain Lithium-Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Processes Therefor: Lead counsel in a trade secret-based investigation on behalf of Complainant LG Chem against SK Innovation involving cutting-edge electric vehicle battery technologies. Proved widespread spoliation of evidence by SKI and secured a default judgment as a sanction together with issuance of lengthy exclusion and cease and desist orders. Issuance of the remedial orders forced SKI to settle the matter for payments of nearly $2 billion.

In the Matter of Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II (ITC): Represented Honda in multi-patent case filed by Intellectual Ventures. Secured termination of initial investigation for lack of standing. Subsequently secured complete victory on the merits for Honda in the re-filed investigation following an evidentiary hearing.

Kadrey et al v. Meta Platforms Inc.; Chabon et al v. Meta Platforms Inc.; Huckabee et al. v. Meta Platforms Inc., representing Meta Platforms in copyright infringement class action cases filed by comedian Sarah Silverman, writer Michael Chabon, and others, arising out of the training and output of Meta’s LLaMA large language generative AI model.

Andersen et al v. Stability Al Ltd. et al, representing Midjourney, a prominent generative artificial intelligence platform, in connection with a first-of-its-kind class action lawsuit asserting copyright, Digital Millennium Copyright Act and right of publicity claims.

Certain Network Devices, Related Software and Components Thereof (I); Inv. No. 337-TA-944; and Certain Network Devices, Related Software and Components Thereof (II); Inv. No; Inv. No. 337-TA-945: Lead ITC counsel for Arista Network Systems in enforcement and U.S. Customs-related proceedings resulting from investigations brought by Cisco. Replaced original counsel after adverse ITC determinations; developed alternative designs and secured the right to import most of Arista’s product offerings through proceedings before Customs. Further defended in enforcement actions brought in the ITC by Cisco, which settled during pendency of the enforcement actions with Arista’s ability to import secured.

Certain Baseband Processor Chips and Chipsets, Transmitter and (Radio) Chips, Power Control Chips, and Products Containing Same, Including Cellular Telephone Handsets: Represented Qualcomm in a patent infringement case regarding cellular service and device industry. Obtained reversal on appeal of ITC remedial order, overturning significant and longstanding Commission precedent in the area of downstream exclusion remedy.

Certain Variable Speed Wind Turbines and Components Thereof: Represented Kenetech Windpower Inc. in patent infringement-based investigation under Section 337, securing determination of infringement and issuance of exclusion and cease and desist orders.

Medytox Inc. v. Aeon Biopharma, Inc.; Daewoong Pharmaceutical Co. Ltd., representing Medytox in securing a significant victory in a decision by the U.S. International Trade Commission affirming that Daewoong misappropriated trade secrets belonging to Medytox to develop a botulinum neurotoxin product.

Cross Match Technologies v. Suprema: Represented Cross Match before the ITC in a case related to fingerprint scanners. Following trial, the ITC issued an exclusion order barring the accused products from importation into the U.S.

Duolingo v. Modern Fonts Association; CoStar v. Modern Fonts Association: Represented Duolingo and CoStar in declaratory judgment actions and IPR proceedings that culminated in finding that all challenged claims were invalid. This representation was twice recognized in The American Lawyer’s Litigators of the Week.

Celgard v. Shenzhen Senior Technology: Represented Shenzhen Senior Technology in a global trade secret and patent dispute relating to lithium-ion battery technology. Defeated Celgard’s motion for a preliminary injunction in the Northern District of California, earning recognition from The American Lawyer.

Magna Mirrors of America v. SMR: Defended SMR entities in a competitor patent infringement action in the Western District of Michigan. At trial, the jury found no infringement and all asserted claims invalid.

Overhead Door, serving as the day-to-day partner, in:

• A four-patent case that Chamberlain brought in the Eastern District of Texas, ending in a jury verdict for Overhead Door (Chamberlain v. Overhead Door).
• A five-patent ITC case related to garage door openers against Chamberlain, in which the ITC found three patents valid and infringed (Overhead Door v. Chamberlain).

Represented Abbott in several patent cases involving medical devices, including:

• A worldwide war against its competitor, DexCom, related to continuous glucose monitoring devices. Cases settled favorably after favorable jury verdict and judgment of infringement.
• A patent infringement lawsuit brought by competitor ISS relating to a wireless heart monitoring device called CardioMEMs, in which the team successfully filed inter partes review petitions (IPRs) and forced ISS to dismiss its case voluntarily.
• A patent infringement lawsuit in the Central District of California in which Flexstent alleged that Abbott’s Xience stents, the bestselling drug-eluting stents on the market, infringed its patent; Abbott filed an IPR with the patent office seeking to invalidate the patent and the PTAB agreed.

Represented Amazon in several cases, including:

• As Lead Counsel in a seven-patent case in the Eastern District of Texas related to cloud computing technologies (Edge Networking v. Amazon)
• In obtaining dismissal of all patent claims against the company in a dispute related to automated pricing technology.
• In a dispute related to automated pricing technology.

Magic Labs. v. Privy: Represented Privy in one of the early competitor patent actions in the blockchain and cryptography industry.

EnerPol v. Schlumberger: Defended Schlumberger (now SLB) in a patent infringement action in the Eastern District of Texas related to oil and gas processing technology. Following a successful claim construction order, the plaintiff stipulated to SLB’s non-infringement. The Federal Circuit ultimately affirmed, earning recognition from the national press.