SCO Group v. Novell
(District of Utah, Tenth Circuit). Prevailed in three-week jury trial in Salt Lake City against SCO’s “slander of title” claims involving the UNIX and Linux operating systems when a jury determined that Novell owned the UNIX copyrights. (2010) In an earlier bench trial, won multi-million dollar award for Novell based on its right to royalty payments from UNIX software licenses granted by SCO. (2008) Successfully defended verdicts in 10th Circuit appeal. (2011)
eTool v. National Semiconductor
(Eastern District of Texas). Defeated plaintiff’s claim of patent infringement involving National Semiconductor’s online circuit design tool on summary judgment. Case settled in 2012 after defeating plaintiff’s motion for reconsideration.
Elan Pharma International Limited v. Abraxis Bioscience
(Distrcit of Delaware). Represented Abraxis BioScience in defending its lead product, Abraxane, against claims by Elan Pharmaceutical of infringing Elan’s patents for coated nanoparticles used to deliver paclitaxel for the treatment of metastatic breast cancer. This was the first nanotechnology patent case taken to jury trial. The case settled in 2011.
Vernor v. Autodesk
(Western District of Washington; Ninth Circuit). Represented Autodesk in case regarding software licensing and the first-sale doctrine under copyright law. Brought in to defend Autodesk after motion to dismiss was denied. On appeal, the Ninth Circuit reversed the district court and held that the first sale doctrine does not apply to licensed software.
Autodesk v. SolidWorks
(Northern District of California). Represented Autodesk in trademark infringement action relating to protectibility of Autodesk’s “DWG” mark. Obtained consent judgment of trademark validity as part of settlement.
Notal v. Carl Zeiss Meditec
(AAA/ICDR). Won nearly $10M award for plaintiff in ophthalmologic medical equipment dispute.
TAP v. QLT
(Northern District of Illinois). Settled case in damages phase after liability was established under previous counsel in resorbable polymer patent infringement action brought against client QLT, a biopharmaceutical company.
Discovery Communications, Inc. v. Amazon.com, Inc.
(District of Delaware). Represented Discovery Communications in a patent infringement suit against Amazon.com alleging infringement by Amazon’s Kindle of Discovery’s patents for e-book reader technology. The case settled after a favorable claim construction ruling.
Neuralstem v. Reneuron
(Central District of California). Represented U.K.-based defendant in trade secret and material transfer agreement dispute involving stem cell technology. The case settled shortly before trial.
Fantasy Sports Properties v. Yahoo!
(Eastern District of Virginia; Federal Circuit). Prevailed on behalf of Yahoo! on Federal Circuit appeal after winning early motion for summary judgment of non-infringement in patent infringement suit involving computerized fantasy football games. Successfully represented and currently representing Yahoo! in many other patent infringement actions.
Minebea Co. v. Think Outside
(Southern District of California; Federal Circuit). Won affirmance in the Federal Circuit of summary judgment victory on behalf of Think Outside in a patent infringement action involving the “Stowaway” portable keyboard.
Media Queue v. Netflix
(Northern District of California). Defeated plaintiff on summary judgment in patent infringement lawsuit related to the Netflix DVD “queue.”