Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Fish Cases

Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (337-TA-841)

ITC Litigation

Fish Cases

Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (337-TA-841)

ITC Litigation

Back to Case Listing

Represented respondent Kingston Technology Co. against Technology Properties Limited in suit involving flash memory card readers. Fish was asked to enter the case just after Markman and to represent Kingston through trial and beyond. After a four day trial, the ALJ issued an initial determination finding non-infringement on all but one patent asserted against Kingston (the ’623 patent). The infringement ruling on the ’623 patent was based on an erroneous claim construction by the ALJ. Fish drafted the section of the Petition to the Commission to reverse the ALJ’s construction. The Commission overturned the ALJ’s construction, and changed over 25 years of practice by requiring that a patentee must have an article protected by the patent in order to meet the domestic industry requirement. By tightening the domestic industry requirement, the Commission made it more difficult for many NPEs to file suit in the ITC. As a result of these rulings, the Commission found no violation by Kingston. By the time the Commission issued its Final Determination, only two of the numerous parties originally accused of infringing the ’623 patent remained in the case. Final determination in favor of client.

In-Depth

Represented respondent Kingston Technology Co. against Technology Properties Limited in suit involving flash memory card readers. Fish was asked to enter the case just after Markman and to represent Kingston through trial and beyond. After a four day trial, the ALJ issued an initial determination finding non-infringement on all but one patent asserted against Kingston (the ’623 patent). The infringement ruling on the ’623 patent was based on an erroneous claim construction by the ALJ. Fish drafted the section of the Petition to the Commission to reverse the ALJ’s construction. The Commission overturned the ALJ’s construction, and changed over 25 years of practice by requiring that a patentee must have an article protected by the patent in order to meet the domestic industry requirement. By tightening the domestic industry requirement, the Commission made it more difficult for many NPEs to file suit in the ITC. As a result of these rulings, the Commission found no violation by Kingston. By the time the Commission issued its Final Determination, only two of the numerous parties originally accused of infringing the ’623 patent remained in the case. Final determination in favor of client.