Mr. Doyle’s practice focuses on patent litigation and patent licensing disputes for pharmaceutical, biotechnology, telecommunication, and other technology companies. In 2006 and 2007, he was ranked as one of the top ten Intellectual Property Lawyers in the United States by U.S. Lawyer Rankings. He was selected as a top IP lawyer in the United States by Chambers USA 2007; selected for the second year in a row as a top attorney by his peers in The Best Lawyers in America 2007® in the field of intellectual property law; and recognized as one of Southern California’s leading intellectual property attorneys by The San Diego Daily Transcript and the Los Angeles Times in 2005, 2006 and 2007. He practices on a nationwide basis, currently serving as lead trial counsel in patent cases pending in Illinois, Texas, Maryland, Delaware, Colorado, California. Mr. Doyle regularly serves as lead appellate counsel in cases before the Federal Circuit.

Mr. Doyle has substantial jury trial experience in patent cases, including six week, five week, four week, three week and two week jury trials in the last five years. His experience includes the following significant recent and pending matters:

• Applera Corporation v. Illumina - Mr. Doyle represents Applera in this just filed patent declaratory relief case involving three DNA sequencing patents. The case is pending in the Northern District of California.
• Nichols Institute Diagnostics v. Scantibodies Clinical Laboratory, Inc. - Mr. Doyle represents Scantibodies in this patent suit brought by Nichols in the Southern District of California, involving immunoassays to detect levels of parathyroid hormone (PTH) in human blood. Nichols, the largest producer of PTH test kits in the United States, sued Scantibodies based on its licensed rights to the ‘790 patent. He prevailed in a three week jury trial which resulted in a jury verdict invalidating the patent on best mode, enablement and written description grounds. The Federal Circuit in August 2006 ordered that judgment be entered in favor of Scantibodies.
• Maxwell Technologies, Inc. v. Nesscap, Inc., et al. - Mr. Doyle was recently retained by Maxwell to enforce its ultracapacitor patent portfolio against Nesscap, a Korean competitor using Maxwell’s patented technology to compete unfairly with Maxwell. The complaint was filed in October 2006, along with a motion for preliminary injunction. Ness responded by
• challenging service and personal jurisdiction. On April 11, 2007, the preliminary injunction motion was granted.
• General Atomics (Diazyme division) v. Axis-Shield - Mr. Doyle represents the Diazyme division of General Atomics in a declaratory relief patent case against Axis-Shield. The patents in the case involve homocysteine assay technology. Axis-Shield had threatened to sue Diazyme, claiming that Diazyme’s new homocysteine assay technology is covered by Axis-Shield’s homocysteine’s assay patents covering older technology. To clear the negative market effect of this accusation of infringement, Diazyme brought a declaratory relief action in the United States District Court for the Northern District of California. Diazyme’s motion for summary judgment was granted on April 11, 2007.
• Inverness Medical Switzerland and Unipath Diagnostics v. Acon Laboratories - Mr. Doyle represented Acon in two patent suits brought by Inverness alleging that Acon’s test kits infringe a total of nine patents. Inverness won a preliminary injunction prohibiting Pfizer from selling its e.p.t product (the market leader). Inverness filed a similar motion against Acon, asserting the same patent it had used against Pfizer, but Inverness was unsuccessful in its two year effort to obtain a preliminary injunction against Acon. The case was recently settled on terms favorable to Acon Laboratories.

• Represents Scantibodies in this patent suit brought by Nichols in the Southern District of California, involving immunoassays to detect levels of parathyroid hormone (PTH) in human blood. Nichols, the largest producer of PTH test kits in the United States, sued Scantibodies based on its licensed rights to the ‘790 patent. He recently prevailed in a three week jury trial which resulted in a jury verdict invalidating the patent on best mode, enablement and written description grounds. 

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• Represented Macronix America, Inc. in a patent infringement case involving a semiconductor process and circuit patents. Obtained a favorable settlement after winning two summary judgments of invalidity and a bench trial on inventorship.

   

• Represented EchoStar in what has been called the biggest-ever patent case in the International Trade Commission. Won on multiple grounds including non-infringement, no domestic industry, patent misuse and invalidity for failure to join a co-inventor.

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• Represented Beckman Coulter in defense of a patent infringement action filed by Composite Rotor regarding a medical centrifuge patent. Obtained a summary judgment of non-infringement which was affirmed by the Federal Circuit in 2003.

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• Represented Syntron Bioresearch in a patent suit brought by Abbott Laboratories alleging that Syntron's test kits infringe Abbott's '484 and '162 lateral flow immunoassay patents.

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• Representing EchoStar in a patent infringement case with respect to data broadcasting and conditional access patents. The conditional access patent asserted against EchoStar was declared invalid by the Court based on Mr. Doyle's motion. The remaining data broadcasting patent was invalidated by Mr. Doyle in a related action. The court in the EchoStar case has stayed the action while the invalidity ruling in favor of Mr. Doyle's client is appealed by the plaintiff.