Successful patent appeals filed in the U.S. Court of Appeals for the Federal Circuit require special skills and experience.
- Defended an appeal on behalf of Blackhawk Network and obtained affirmance of a summary judgment victory of noninfringement relating to prepaid gift cards. AlexSam, Inc. v. Blackhawk Network, Inc.
- Represented Trading Technologies International Inc.’s (TT) successor-in-interest in an appeal to the Federal Circuit, which held, for the first time, that the Supreme Court’s WesternGeco LLC v. ION Geophysical Corp., 585 U.S. 407 (2018), decision permits damages based on foreign conduct in cases involving domestic infringement under 35 U.S.C. § 271(a), consistent with our client’s position on appeal. Harris Brumfield, Trustee for Ascent Trust v. IBG LLC, Interactive Brokers LLC.
- Defended on appeal BakerHostetler’s wins at the ITC and in inter partes reviews (IPRs) that invalidated five patents directed to strontium-rubidium elution control systems. All decisions were summarily affirmed. Bracco Diagnostics v. Jubilant DraxImage Inc.
- Defended on appeal a BakerHostetler win from the U.S. District Court for the Northern District of California invalidating browser-based toolbars under 35 U.S.C. § 101. MyMail, Ltd. v. ooVoo LLC and MyMail, Ltd. v. IAC Search & Media, Inc.
- Represented a client in an appeal to the Federal Circuit from a district court and obtained reversal of a grant of summary judgment of invalidity. Ball Metal Beverage Container Corp. Crown Packaging Technology.
- Defended on appeal a BakerHostetler win from the U.S. District Court for the District of Delaware that invalidated a location-based search system under 35 U.S.C. § 101. British Telecommunications v. IAC/InterActiveCorp.
- Represented TT in an appeal to the Federal Circuit and obtained vacatur of the PTAB’s finding of invalidity. The Federal Circuit found that TT’s patent claims are technological and directed to a specific improvement in the way computers operate. Trading Technologies International, Inc. v. IBG LLC, Interactive Brokers LLC.
- Defended an appeal on behalf of SPX Cooling Technologies and obtained affirmance of a jury trial victory of noninfringement, invalidity and zero damages as well as affirmance of a summary judgment victory of noninfringement relating to evaporative fluid coolers. Baltimore Aircoil Co. v. SPX Cooling Technologies, Inc.
- Represented a client in Federal Circuit appeals from two IPRs where the USPTO canceled two patents as invalid over prior art. The Federal Circuit affirmed both decisions in consolidated appeals. Raytheon Co. v. Sony Corp.
- Represented a patent challenger in an appeal to the Federal Circuit from the PTAB and obtained affirmance of the PTAB’s invalidation of all challenged claims in the underlying IPR proceeding. Power Survey, LLC v. L-3 Communications Holdings.
- Brought an appeal on behalf of Cardpool and obtained confirmation that the client’s 52 amended and reexamined claims were valid over a district court’s decision that had invalidated the original claims of a patent relating to a gift card exchange. Cardpool, Inc. v. Plastic Jungle, Inc.
- Participated in drafting an amicus brief before the Supreme Court in support of the respondents. Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.
- Represented a patent owner in an appeal from a decision by the PTAB in an IPR and obtained reversal of the invalidity ruling regarding a key claim. Pride Mobility Products Corp. v. Permobil, Inc.
- Represented a client in a Federal Circuit appeal from an Administrative Procedure Act action relating to several IPRs and obtained a ruling establishing that the USPTO’s subpoena power is accessible in proceedings where its regulations authorize parties to take depositions. Abbott Laboratories v. Cordis Corp.
- Represented a patent owner who was defending a $45 million jury verdict on appeal to the Federal Circuit and obtained affirmance. TruePosition Inc. v. Andrew Corp.
- Represented patent owners in a case concerning the antidepressant Prozac. The Federal Circuit upheld the clients’ basic patent. Eli Lilly & Co. v. Barr Laboratories, Inc.
- Successfully argued that the Federal Circuit should remove convoyed sales from the damages award because the appellee had not shown a functional relationship between the patented system and the convoyed products at trial. Wash World Inc. v. Belanger Inc.
