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Fish Cases

Patent Infringement Cases

Fish Cases

Patent Infringement Cases

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In-Depth

ArcSoft adv. JVC (C.D. Cal.) – Represent ArcSoft in 14-patent case involving DVD technology.

LG adv. Sony (C.D. Cal., S.D. Cal., ITC) – Represented LG against Sony in global patent litigation spanning the ITC, several district courts, and foreign jurisdictions. Lead teams handling four cases involving more than 20 patents in the Southern and Central Districts of California. Technologies and products included televisions, Blu-ray, cellular telephones, telecommunications, personal computers, and PlayStation. 

Raytheon AST v. Teledyne Paradise Datacom and ViaSat (N.D. Cal.) – Represent ViaSat and Teledyne Paradise Datacom in five-patent competitor case involving satellite modems and cancellation technology.

Lucent v. Gateway/Microsoft and Multimedia Patent Trust v. Microsoft cases:

Multimedia Patent Trust v. Microsoft No. 06-CV-0684 H (S.D. Cal.) – Defended Microsoft against video compression patent asserted by MPT. MPT claimed infringement by MPEG-2 and VC-1 decoders and sought more than $400 million in damages. Jury returned verdict of no infringement and awarded no damages.

Lucent and MPT v. Microsoft No. 07-CV-2000 H (S.D. Cal.) – Defended Microsoft against video compression patent asserted by Lucent/MPT, as well as other Lucent patents. Lucent/MPT claimed all MPEG-1, MPEG-2, and VC-1 decoders infringed and sought nearly $1 billion in damages. Jury returned a verdict of no infringement and invalidity and awarded no damages for the video patent. 

Lucent v. Microsoft No. 02-CV-2060 B consolidated with 03-CV-0699 B and 03-CV-1198 B (S.D. Cal.) – Defended Microsoft in multi-part lawsuit.  In one part, Lucent claimed Microsoft infringed three speech compression patents. Obtained dismissal of two speech patents, one during fact discovery, and the other after completion of expert discovery. Summary judgment granted on third speech patent (Lucent had sought more than $170 million in damages). Federal Circuit affirmed (525 F.3d 1200). In another part, Lucent claimed MP3 software infringed three audio compression patents. Obtained dismissal of one audio patent during fact discovery. District court overturned jury verdict of $1.5 billion on remaining two patents.  Federal Circuit affirmed (2008 WL 4349326). Named by IP Law & Business to “Top 10 Litigation Wins” of 2008.

National Law Journal’s 2009 “Appellate Hot List”: Predicate Logic v. Distributive Software (S.D. Cal.) – Lead counsel for Predicate Logic in patent infringement action on software patent. Obtained complete reversal in Federal Circuit of district court decision invalidating claims. Reported at 544 F.3d 1298. Case settled after remand. 

National Law Journal’s 2000 “Top Defense Victories”: Bellcore v. FORE Systems (D. Del.) – Defended FORE against assertion of four patents relating to telecommunications technology, including ATM and Ethernet. Bellcore dismissed two patents after expert discovery. On eve of jury trial involving damages claim for more than $200M, court issued favorable Markman ruling on the two remaining patents. Bellcore admitted it could not prove infringement and Delaware court entered final judgment for FORE. Named top defense victory by National Law Journal in 2000. Federal Circuit affirmed on one patent (unreported opinion 2003 WL 1720080). Case settled after remand of remaining patent.

LG v. Kodak (S.D. Cal., W.D.N.Y., ITC) – Represented LG in multi-jurisdiction case involving numerous patents. Global settlement reached.

Intel v. Broadcom (D. Del.) – Represented Intel on four digital video compression patents and a fifth computer networking patent. Jury trial for Broadcom on video patent overturned and new trial granted. Case settled after grant of new trial.

Dimension One Spas v. Coverplay (S.D. Cal.) – Lead counsel for Dimension One on spa cover patent. Won bench trial rejecting defense of inequitable conduct. Case settled after obtaining summary judgment of infringement.

 

Dimension One Spas v. Ouellette (S.D. Cal.) – Lead counsel for Dimension One on spa cover patent. Obtained final judgment of $654,000 in actual damages, $1.3 million in enhanced damages, and $250,000 in attorneys’ fees.

Trademark/Unfair Competition Cases

USP v. Innotek (S.D. Cal.) – Lead counsel for Innotek in two separate actions involving allegations of design patent infringement, trademark infringement, and unfair competition. Cases settled favorably for Innotek.

PeopleWeb v. The PeopleWeb Inc. (TPI) (N.D. Cal., D. Mass.) – Lead counsel for PeopleWeb in domain name and Internet trademark infringement cases. Case settled after defeating TPI’s motions to dismiss for lack of jurisdiction.

Property Assessment Adjusters (PAA) cases (S.D. Cal.) – Lead counsel for PAA in series of trademark infringement and unfair competition cases. Cases settled favorably for PAA.

Counterfeiting

Adaptec v. Chang (N.D. Cal.) – Represented Adaptec in counterfeiting case involving SCSI adapters and chips. Won seizure of counterfeit adapter boards and chips and worked with U.S. Customs to identify counterfeit products.