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Morrison & Foerster Secures Settlement for IEX Group, Inc. and Investors Exchange LLC

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Morrison & Foerster has successfully secured a settlement for IEX Group, Inc. and Investors Exchange LLC in a multi-patent infringement suit filed by competitors Nasdaq, Inc. and Nasdaq Technology AB.

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Morrison & Foerster has successfully secured a settlement for IEX Group, Inc. and Investors Exchange LLC in a multi-patent infringement suit filed by competitors Nasdaq, Inc. and Nasdaq Technology AB. The case was settled after Nasdaq voluntarily dismissed one patent, the PTAB invalidated all claims of a second patent, and the PTAB instituted review of two additional patents. Sophia Lee (General Counsel, IEX) reported that “IEX is pleased to put the Nasdaq litigation behind it without any payments being made, without any changes to its business operations, and with the assurance that Nasdaq will not assert the patents against IEX’s market in the future.” The Morrison & Foerster team on this matter included partners Michael Jacobs, Kyle Mooney, Matthew Kreeger, Richard S.J. Hung, and Diek Van Nort, of counsel Fahd Hussein Patel, and associates Eric Lin, Neal Burstyn, and Nicholas Rylan Fung.

Morrison & Foerster Secures Settlement for IEX Group, Inc. and Investors Exchange LLC

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Many of the world’s leading technology and life sciences companies call on Michael Jacobs to lead trial teams in their most complex litigation. He served as co-lead counsel in two of the most-watched intellectual property battles of recent memory, including a high-profile smartphone case leading to a jury verdict of over $1 billion. He defended Uber against Waymo’s autonomous vehicle trade secret claims. And the life sciences industry’s first and most successful biotechnology company looks to Michael when patent and licensing disputes arise. Michael co-founded and served as co-chair of the firm’s Intellectual Property Practice Group.Chambers has called him “a real star” and a “pillar of the Silicon Valley patent litigation community.” Clients have described him as “a very calm, strategic, and practical lawyer… [who] brings a wealth of experience, formidable intellect and legal skills, and a practical, client-friendly approach to all his engagements.” Michael is listed in Band 1 by Chambers USA 2023 and 2022 in its California Intellectual Property: Patent Litigation category, and named to the Legal 500 US 2023 Hall of Fame for Intellectual Property: Patent Litigation. Michael has won the California Lawyer Attorneys of the Year (CLAY) award three times, first for his advocacy on behalf of Intel in the Intel v. Hamidi “trespass to chattels” case, then in 2012 for his defense of Novell in SCO v. Novell, and again in 2014 for his work on a billion dollar smartphone trial.Michael’s work on several landmark cases has helped shape the laws governing emerging technologies.Early in his career, he led the technical team that represented Fujitsu in its landmark operating system software arbitration with IBM. He represented the motion picture industry in the On Command Video case, which established that on-demand video systems require a license under copyright’s public performance right. Michael represented Novell in the widely reported SCO v. Novell Linux litigation, prevailing in a bench trial on Novell’s multimillion dollar claims, defeating SCO’s $200 million claim in a three-week jury trial, and defending those results on appeal in the 10th Circuit. He also represented Autodesk in the Vernor v. Autodesk case, which established that copyright’s first sale doctrine does not immunize the re-sale of licensed software.In addition, he has represented leading life sciences companies in their cutting edge litigation, including Chiron in its hepatitis C virus protease litigation; Abraxis BioScience in a nanoparticle anticancer treatment dispute; QLT in its litigation with TAP Pharmaceutical involving the Eligard anticancer treatment; Genentech in its patent dispute with Phigenix concerning Genentech’s blockbuster drug, Kadcyla, and against Eli Lilly; and Washington University in a life sciences patent valuation dispute with the Wisconsin Alumni Research Foundation (WARF). He has also handled numerous high-profile arbitrations, several of which involved the interplay between arbitration and court proceedings.Michael also achieved victories in several important pro bono cases. He was co-lead counsel for the plaintiffs in the landmark Williams v. State of California class action, which led to a settlement in which the state undertook to address shocking conditions in California’s lowest performing schools. He also represented Jewish and Muslim individuals and organizations in a successful pre-election challenge to an anti-circumcision initiative slated for San Francisco’s ballot.Michael routinely speaks on cutting-edge intellectual property issues. For example, he has participated for many years in the Federal Judicial Center–Berkeley Center for Law & Technology’s education program for federal judges.

Michael A. Jacobs

Partner

Kyle Mooney is a partner in the firm’s Intellectual Property Group, focusing on patent litigation and other intellectual property disputes, including trade secrets, copyright, and trademark disputes.Kyle represents clients in a wide variety of fields, including communications, networking, electronic trading, fiber optic components, semiconductors, LEDs, optical storage and scanning, display technologies, digital cameras, software, automotive components, and medical devices. He has litigated significant IP disputes between direct competitors, as well as patent infringement actions brought by non-practicing entities. Kyle’s IP practice has included jury trials, bench trials, ITC proceedings, PTAB proceedings, and mediations.Kyle also has substantial pro bono experience, including arguments before the Court of Appeals for the Second Circuit and New York Appellate Division in habeas and criminal appeals, and a bench trial in the Southern District of New York in a case involving the Religious Land Use and Institutionalized Persons Act.Kyle received his J.D. from New York University School of Law, where he was a staff editor for the Environmental Law Journal.

Kyle W.K. Mooney

Matt has over two decades of experience representing clients in intellectual property cases. He has represented numerous clients in the pharmaceutical, biotech and medical device industries, in cases involving technologies such as antibody therapeutics and diagnostics, nucleic acid testing, vaccines, and small molecules. Matt also works for clients in information technology, leveraging his software experience. In one case for a computer networking company, Matt persuaded the court to issue an early favorable claim construction for an encryption patent, resulting in summary judgment in the client’s favor. In another case involving hybridization assays, Matt was part of the trial team in a successful arbitration establishing infringement of the client’s patent. Matt is a member of MoFo’s PTAB Litigation Group, representing clients in inter partes review, post-grant review, covered business method and derivation proceedings under the America Invents Act. Matt has served as lead counsel on more than forty such proceedings. In one case for an early stage medical device client, Matt filed an inter partes review petition that persuaded the opposing party to license the patent on favorable terms. In addition, Matt has served as lead or co-lead counsel in more than twenty patent interferences, including one ground-breaking interference confirming that the client was the first to invent a test to screen for HIV antibodies used in blood banks throughout the world.Matt has more than ten years of experience as a consultant in software design and development. He has programmed in C, C++, Pascal, and assembly language, and has developed data analysis and instrument control programs for chemical instrumentation companies.

Matthew I. Kreeger

Senior Counsel

Rich is the Global Co-Chair of Morrison Foerster’s Litigation Department. He previously co-led the firm’s IP Litigation Group and the cross–disciplinary Intellectual Property Group for over a decade. He brings his knowledge as a registered patent lawyer and a Federal Circuit clerk to lead complex technology matters for clients in state and federal trial and appellate courts. He has represented plaintiffs and defendants in high–stakes patent litigation, competitor‑on–competitor cases, non–practicing entity assertions, and trade secret misappropriation disputes—obtaining consent judgments in multiple cases. Rich also represents clients in adversarial proceedings before the U.S. PTO and counsels clients on strategic offensive and defensive patent licensing and acquisition issues. His matters have spanned a broad range of technologies, including:<ul><li>Internet search</li><li>Cryptography</li><li>Programmable logic devices</li><li>Graphical user interfaces</li><li>Smartphones</li><li>Water filtration consumer appliances</li></ul>Rich earned dual bachelor’s degrees in electrical engineering and economics from Stanford University and his law degree from Columbia Law School. In law school, he externed for the Honorable Sonia Sotomayor, then with the Southern District of New York. He was also a James Kent Scholar, a moot court editor and judge, and a recipient of the Carroll G. Harper Prize for excellence in intellectual property. After law school, Rich clerked for the Honorable Paul Michel of the U.S. Court of Appeals for the Federal Circuit.In 2014, Rich was appointed by then San Francisco Mayor Edwin Lee to serve as a Neutral Commissioner on the San Francisco Rent Stabilization and Arbitration Board. He is the current President of the Asian Law Alliance, a non-profit organization that provides pro bono legal assistance to the Asian/Pacific Islander community in the Silicon Valley. Rich is a Fellow of the American Bar Foundation.Rich previously tried multiple criminal cases—all to favorable verdicts—with the San Francisco District Attorney’s Office.

Richard Hung

Fahd H. Patel is Of Counsel in the firm’s Intellectual Property Group. Fahd focuses his practice on intellectual property litigation before the U.S. International Trade Commission (ITC) and in district courts, as well as post-grant proceedings at the U.S. Patent Office.Fahd works on developing case theories throughout the life cycle of a case, from complaint to trial. He frequently works with technical experts, has taken and defended expert depositions, and has prepared multiple experts for deposition and trial. He also prepares case dispositive briefs, performs case management duties, and handles offensive and defensive discovery.In addition to his litigation practice, Fahd is regularly involved with post‑grant proceedings before the Patent Trial and Appeal Board (PTAB) under the America Invents Act. He has prepared numerous petitions for inter partes review that have resulted in settlement of the underlying litigation and has also successfully defended against post-grant review and other petitions. He is a committee co-chair for the PTAB Bar Association.During law school, Fahd worked as a patent examiner at the USPTO, where he examined applications in the areas of computer software, telecommunications, and business methods. He has spent his career working on a wide variety of highly technical subject matters, including telecommunications systems, computer networking, databases, memory interfaces, computer architecture, operating systems, digital rights management, business methods, and computerized financial transactions.Fahd received his B.S. in computer engineering, with honors, from the Georgia Institute of Technology, and his J.D. from the Georgetown University Law Center.Fahd is admitted to practice before the USPTO.

Fahd Hussein Patel

Of Counsel

Nick Fung advises clients on a broad range of intellectual property issues, with a focus on high-stakes patent litigation and trade secrets disputes. With a degree in electrical engineering and computer science, Nick has litigated matters spanning a broad range of technology, including semiconductors, medical devices, and computer hardware and software. Nick has counseled companies at all stages of their life cycles/growth, from startups to Fortune 500 companies, and has represented clients in federal and state courts, the U.S. International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB). Nick serves on the Board of Directors for the Los Angeles Intellectual Property Law Association (LAIPLA) and is a member of LAIPLA’s Diversity Outreach Committee and Washington in the West Committee.Nick received his J.D., cum laude, from New York University School of Law, where he was a semi-finalist in the Marden Moot Court Competition, a Robert McKay Scholar, and an Articles Editor for the Annual Survey of American Law. He holds a B.S. in Electrical Engineering and Computer Science from the Massachusetts Institute of Technology.Prior to joining Morrison & Foerster, Nick was an associate in the New York office of an international law firm, where he was a member of the firm’s Intellectual Property Practice Group.

Nicholas Rylan Fung

Patent Litigation

Patent Trial and Appeal Board (PTAB) Litigation

Litigation