Services | BakerHostetler

Successful patent appeals filed in the United States Court of Appeals for the Federal Circuit require special skills and experience.

Represented Microsoft Corp. at the Federal Circuit and Supreme Court, establishing new law regarding section 271(f) as applied to software, and obtaining reversal of district court judgment of infringement liability. AT&T Corp. v. Microsoft Corp.
Participated in drafting amicus brief before the United States Supreme Court in support of respondents. Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.
Represented patent owner in an appeal from a decision by the PTAB in an IPR. The Federal Circuit reversed the invalidity ruling of a key claim. Pride Mobility Products Corp. v. Permobil, Inc.
Represented client in Federal Circuit appeal from an APA action relating to several inter partes reexaminations, and obtained ruling establishing that the Patent Office’s subpoena power is accessible in proceedings where the Patent Office’s regulations authorize parties to take depositions. Abbott Labs. v. Cordis Corp.
Represented client in appeal to Federal Circuit from district court, and obtained reversal of district court’s grant of summary judgment on written description and anticipation. Crown Packaging Tech. v. Ball Metal Bev. Container Corp.
Represented client in Federal Circuit appeal of willful infringement ruling. The Federal Circuit reversed the willful infringement ruling. Innovention Toys, LLC v. MGA Entertainment, Inc.
Represented 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 client in appeal to Federal Circuit from district court, and obtained reversal of grant of summary judgment of noninfringement. Crown Packaging Tech. v. Rexam Bev. Can Co.
Represented Pharmaceutical Research and Manufacturers of America as amicus curiae before the United States Supreme Court. KSR International Co. v. Teleflex & Technology Holding Co.
Represented patent owners in a case concerning the antidepressant Prozac®. The Federal Circuit upheld the client’s basic patent and held an adversary’s later patent invalid for double patenting. Eli Lilly & Co. v. Barr Laboratories, Inc. (S.D. Ind. and Fed. Cir.).