Action Gaming. Trial and lead counsel for Action Gaming in several offensive patent infringement matters involving
patented poker games, including a jury trial resulting in a $7.3 million jury
award and a permanent injunction protecting a $100-million-dollar-a-year product
line; and first-chairing several successful preliminary injunction arguments
and obtaining dozens of voluntary cease and desist agreements.
Activision TV v. NEC, et al. Lead counsel for
Activision TV in multi-patent, patent assertion matters involving internet
display and content delivery systems resulting in several license agreements.
Adobe v. Wowza Media
counsel for Wowza Media Systems in two multi-patent infringement, false
advertising and unfair competition defensive matters involving video streaming
formats (RTMP, RTMPe, HTTP Dynamic Streaming) which were settled on
confidential terms after Irwin IP obtained summary judgment of no patent
infringement and the court announced its intention to grant Irwin IP’s summary
judgment motion on the non-patent claims.
Apple Computer, Inc. Represented Apple
Computer, both in federal district court and before the International Trade
Commission, in multiple patent infringement matters relating to multiple
devices and GUI’s, operations, and designs.
Avaya. Lead counsel for Avaya
on several patent infringement matters, including a multi-patent infringement
defense involving enhanced facsimile services, and a patent infringement
defense that resulted in a non-infringement judgment for an internet over cable
Baxter Healthcare v.
Fresenius Medical Care Holdings, Inc., et al. Represented Baxter in
a patent infringement defensive matter where plaintiffs asserted infringement
of nine patents relating to peritoneal dialysis.
Bayer v. Zoetis. Represented defendants
Pfizer and Zoetis in a patent infringement defensive matter where Bayer
asserted infringement against Pfizer’s single-dose fluoroquinolone product,
ADVOCIN, for treating bovine respiratory disease. Defeated motion for temporary
restraining order that sought to block launch of the product.
BIAX Corporation v. Sun
Microsystems, Inc., et al. Represented defendant in patent infringement case involving
both processor architecture and software claims.
BIAX Corporation v. Int’l
Business Machines. Represented Motorola in patent infringement case involving
dual processor technology.
Borden v. AMF Bowling. Lead counsel in a
patent infringement defensive matter related to glow-in-the-dark bowling.
BRK Brands, Inc. v. Nest
Labs, Inc. Represented Nest in defending against BRK’s assertion of six
patents against Nest’s smart CO/smoke alarm product. Successfully defeated
motion for preliminary injunction.
Cisco, Moto, Netgear v.
Innovatio (MDL). Represented wireless product manufacturers Motorola, Cisco,
and Netgear, as well as scores of their customers, in a consolidated
Multi-District Litigation proceeding covering nearly two dozen patents relating
to allegations of infringement based upon implementation of the 802.11 wireless
standard. The case settled shortly after the court set a favorable FRAND
Cygnus v. Telegroup. First-chair in a
patent infringement damages trial involving a discontinued telephone call-back
system technology, where the case was “reverse-bifurcated” such that damages
were tried first and the verdict was a tiny fraction of estimated cost of a
DAK v. Indorama. Represented defendant in a case involving patent infringement and trade secret misappropriation
allegations involving technologies relating to methods of making polyethylene
terephthalate (PET) resins and polyesters. The case was favorably settled prior
Greenheck Fan Corp. v. Loren
Cook Company. Represented defendant in patent infringement case involving
mixed flow and in-line centrifugal fan technology. The case settled on
favorable terms shortly after a favorable claim construction ruling.
HALO Branded Solutions v.
Keepcool. Lead counsel for company accused of infringing design patent for
reusable bags. Assisted client in demonstrating non-infringement of
Indufil v. Hy-Pro. Lead counsel for
plaintiff-patentee involving industrial oil filtration, obtaining consent
judgment and permanent injunction against accused infringer.
Sponsored Litigation. Lead counsel for exclusive design patent licensee, in design
patent infringement litigation related to aftermarket vehicle parts brought by
patent owner, which resulted in permanent injunction and attorney fee award.
Technology. Lead and trial counsel in numerous patent infringement
matters involving a diverse range of technology, including “virtual reel”
technology, “method of play” patents, cashless technology, authentication
technology and progressive systems obtaining numerous preliminary injunctions,
successful verdicts and permanent injunctions.
Invista and Auriga v.
plaintiff Auriga in a patent infringement case involving active and passive
polymer barrier technologies.
IQ Biometrix. Lead counsel for IQ
Biometrix in several patent infringement matters related to facial recognition
technology resulting in numerous license agreements and consent judgments.
Distribution Software Company. Lead counsel for mid-sized,
leading software distribution company in defense of patent infringement claims
by Fortune 100 company demonstrating before suit was filed that products did
not infringe resulting with withdrawal of infringement claim.
Mark IV v. Transcore. Lead counsel for Mark IV in multi-patent patent assertion matter involving radio frequency and
automatic vehicle identification systems, arguing claim construction on over 30
terms, and prevailing on each construction; settled on confidential terms.
McDavid Knee Guard, Inc. v.
Nike USA, Inc. Represented plaintiff in patent infringement matter relating
to padded athletic sportswear, settled on confidential terms.
Medtech Products Inc. v.
Ranir, LLC. Lead counsel for Ranir in hotly contested litigation,
defending assertions of patent infringement matter relating to thermoplastic
nightguard design, and asserting offensive claims of unfair competition and
tortious interference, culminating in a settlement on confidential terms.
Otter Products, LLC d/b/a
OtterBox v. Fellowes, Inc. Counsel for OtterBox in a patent infringement and
trade dress case wherein OtterBox has asserted the willful infringement of
eight patents covering protective cases for digital devices and associated
trade dress. Fellowes counterclaimed infringement by OtterBox of two
patents but was forced to dismiss those claims with prejudice in light of
invalidity issues raised by OtterBox.
Outboard Marine v. Orbital
for Outboard Marine in patent declaratory judgment action involving fuel
Pfizer v. Apotex. Represented Pfizer in
ANDA litigation seeking to halt the entrance of a generic version of Zyvox. The
case was favorably settled prior to trial.
Pfizer v. Inventia. Represented Pfizer in
ANDA litigation seeking to halt the entrance of a generic version of Detrol LA.
The case was favorably settled prior to trial.
Ronald A. Katz Tech.
Licensing L.P. v. Time Warner Cable, Inc. et al., (D. Del. 2006) – Represented Qwest
entities in patent infringement action relating to telecommunications. The case
settled on confidential terms.
Ranir, LLC v. DenTek Oral
Care Inc., et al. Lead counsel for Ranir in offensive patent infringement
litigation against DenTek Oral Care, Inc. regarding disposable nightguard
Razor v. Swagway, et al. Lead counsel for
industry leader Swagway in defensive patent infringement matters relating to
self-balancing vehicle design and control logic both in federal district court
and before the International Trade Commission.