Partner | Austin
afountain@mofo.com | (737) 309-0655 afountain@mofo.comAaron is an experienced courtroom lawyer who partners with his clients to protect their intellectual property. He frequently serves as lead counsel in the most important patent venues in the nation, including the Western and Eastern Districts of Texas, the District of Delaware, the International Trade Commission, and the Court of Appeals for the Federal Circuit.
Leveraging his background as a research scientist, Aaron crafts accurate, effective strategies involving complex innovations. He has represented clients in disputes before the U.S. Patent and Trademark Office, including inter partes review proceedings before the PTAB, and he has counseled clients on patent portfolio management and strategy. Aaron has litigated matters across a diverse mix of industries, including:
Prior to his legal career, Aaron was a research scientist focusing on instrumentation design and method development for proteomics research. Additionally, he previously served as a law clerk to the Honorable Arthur J. Gajarsa for the U.S. Court of Appeals for the Federal Circuit and as a law clerk to the Honorable Harry Lee Hudspeth for the U.S. District Court for the Western District of Texas. Aaron was also a judicial intern to the Honorable Ewing Werlein, Jr. for the U.S. District Court for the Southern District of Texas.
Aaron has been recognized in leading publications for intellectual property, including Chambers USA, Law360, Super Lawyers, and The Legal 500 US.
Aaron’s pro bono activities include successfully serving as lead appellate counsel representing veterans before the United States Court of Appeals for Veterans Claims and lawful permanent residents before the Board of Immigration Appeals. He is a member of the Federal Circuit Bar Association, the Austin Intellectual Property Lawyers Association, and the American Intellectual Property Lawyers Association.
Show More(International Trade Commission; District of Delaware). Lead Counsel. Representing Celanese in multiple patent infringement actions proceeding on different patent families against Chinese competitor and its U.S. supply chain.
(Western District of Texas). Co-lead Counsel. Represented Impulse in patent infringement action against competitor for down-hole drilling technology.
(Western District of Texas). Represented The Home Depot in patent infringement case related to LED technology.
(Federal Circuit). Lead appellate counsel for Smartmatic in multiple appeals from IPR proceedings.
(Western District of Texas). Represented Microsoft and Hewlett Packard in patent infringement cases related to touch screen technology.
(International Trade Commission). Represented Toyota, Panasonic, DENSO, DENSO TEN, and Japan Radio Corp. in ITC investigation involving Toyota cars that include memory management, video decoding, and GPS technologies. Aaron lead the representation related to GPS technology and secured a complete victory on multiple grounds for all respondents before the Commission.
(International Trade Commission). Lead representation of Halstead New England Corp. and its family of companies, as well as Zhangjigang Yihua rundon New Material Co. Ltd and Shangjiagang Elegant Home-tech Co. Ltd., in ITC investigation relating to luxury vinyl tile technology related to mechanical construction and chemical composition.
(District of Delaware). Lead representation of The Home Depot and Halstead in a 9-patent case directed to luxury vinyl tile composition and mechanical locking technologies. Aaron led the invalidation of 4 of the 9 patents before trial and the case settled favorably.
(Federal Circuit). Lead appellate counsel for KLA in a Walker Process antitrust matter relating to allegations of fraud in the prosecution of a KLA patent. The Federal Circuit affirmed summary judgment in favor of KLA in 2019.
(International Trade Commission). Represented One World Technologies et al. in ITC investigation relating to hardware and software control technology for garage door openers.
(Eastern District of Texas). Represented Medtronic in patent infringement action related to artificial heart valves.
(District of Delaware). Lead patent infringement action against competitor related to popular Energy bra.
(District of Delaware). Secured early summary judgment and Federal Circuit affirmance of noninfringement for lululemon in utility patent case regarding sports bras.
(Eastern District of Texas). Represented ESAB in patent infringement action related to hardware and software technology for welding power supplies.
(Eastern District of Texas; U.S. Patent and Trademark Office). Represented Q2 Holding in district court litigation, covered business method reviews and inter partes reviews in connection with patent infringement action related to banking software technology.
(Eastern District of Texas). Defended Micro Focus and Borland in patent infringement action relating to software licensing technology.
(District of Delaware). Defended Luminex in a patent infringement action relating to molecular diagnostics technology.
(Northern District of Texas). Represented Galderma in Hatch-Waxman litigation related to topical acne treatment.
(Southern District of California; U.S. Patent and Trademark Office). Represented Luminex in patent infringement action and inter partes review proceedings relating to molecular diagnostics technology.
(Eastern District of Texas). Represented Ericsson in patent infringement action related to server architectures deployed in telecommunications networks.
(Federal Circuit). Represented Biogen Idec and Genentech in a patent infringement suit concerning biologic for the treatment of chronic lymphocytic leukaemia.
(Eastern District of Texas). Represented Motorola in multibillion dollar offensive and defensive litigation involving six patents. Case settled so favorably that the competitor's stock price dropped 20 percent the day the terms were announced.
(Northern District of Texas). Represented Galderma in Hatch-Waxman litigation related to psoriasis treatment.
(Eastern District of Texas). Represented Oracle America (formerly Sun Microsystems) in a multi-defendant patent infringement case pending before Judge Davis. The case involved allegations of infringement of numerous patents asserted against blade server technology. The case proceeded through a Markman hearing and expert discovery with Oracle America settling shortly before the pretrial conference.
(Northern District of Texas). Represented cellular telephone manufacturer in litigation involving 25 patents and antitrust issues.
(Eastern District of Texas; District of Maryland; International Trade Commission). Represented online learning company in multiple patent infringement actions in three jurisdictions involving three patents. Settled.
(Southern District of Texas). Successful defense of more than US$1 billion trademark infringement case. Unanimous jury verdict for defendants.
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