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Fish Cases

Patent Litigation (Representing Plaintiff)

Fish Cases

Patent Litigation (Representing Plaintiff)

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In-Depth

MIT & Repligen Corp. v. ImClone Systems (D. Mass., J. Sterns) – Counsel for plaintiffs against ImClone Systems in patent case relating to the use of cellular enhancers to increase protein expression in cells. Obtained a $65,000,000 settlement for MIT just before trial.  Related article: Minneapolis/St. Paul Business Journal

Halo Electronics, Inc. v. Pulse Electronics (D. Nev., J. Pro) – Co-lead trial counsel for Halo in a patent case involving packages for surface-mount transformers. Won jury verdict on infringement and validity, and obtained a permanent injunction against Pulse. The case is currently on appeal.

Netcraft Corp. v. AT&T Mobility et al. (D. Del., J. Sleet) – Co-lead counsel for Netcraft in a patent case involving third-party payment systems.  Successfully settled the case with all defendants after arguing and obtaining favorable claim construction and pre-trial rulings.  The resulting licenses totaled nearly $40 million.

NUtech Ventures (University of Nebraska) v. Syngenta Seeds et al. (D. Neb., J. Smith Camp) – Lead counsel for NUtech in a patent case involving bio-engineered corn used in the production of ethanol.  Obtained favorable claim construction rulings on all disputed terms. (Markman Hearing Video)

Halo Electronics, Inc. v. Bel Fuse et al. (N.D. Cal., J. Whyte) – Lead counsel for Halo Electronics in a patent case against multiple defendants that involved a family of patents related to surface-mount transformers.  The defendants all licensed the technology from Halo to end the case after Markman and summary judgment rulings.

Patent Litigation (Representing Defendant)

Bel Fuse, Inc. v. Halo Electronics, Inc. – (D. N.J., J. Brown) – Lead trial counsel for defendant Halo Electronics in a patent case involving Ethernet connectors.  After an invalidity trial that resulted in a hung jury, Halo obtained a favorable cross-license for its patents in a co-pending case.

Hyperphrase Technologies v. Google, Inc. (W.D. Wis., J. Shabaz) – Counsel for Google in a patent case involving multiple patents relating to data storage and retrieval systems.  Obtained a summary judgment of noninfringement that was later affirmed by the Federal Circuit.

Amazin’ Raisins Int’l v. Ocean Spray Cranberries (D. Mass., J. Wolf) – Co-lead counsel for defendant Ocean Spray in a patent infringement action involving a method of making food products.  Obtained summary judgment of noninfringement that was later affirmed by the Federal Circuit.

Tektronix v. LeCroy Corp. (D. Oregon, J. Mosman) – Counsel for LeCroy in a multiple patent case involving hardware and software for digital oscilloscopes.  Responsible for summary judgment of noninfringement on Tektronix’s key patent that resulted in a favorable settlement for LeCroy.

Bruno Independent Living Aids v. Acorn Mobility and Acorn Stairlifts (W.D. Wis., J. Crabb) – Counsel for Acorn Mobility in a patent infringement case involving mobility equipment.  Obtained summary judgment of invalidity and inequitable conduct.  The court also declared the case “exceptional,” and awarded $400,000 in attorney fees to Acorn.  The inequitable conduct finding and fee award were affirmed by the Federal Circuit.

Patent Licensing

St. Jude Children’s Research Hospital – Successfully licensed a patent portfolio covering nucleic acids, proteins, polypeptides, and antibodies used to develop ALK inhibitors.

St. Jude Children’s Research Hospital – Successfully licensed a patent portfolio covering compositions and methods used to identify and develop JAK inhibitors.

Negotiated and drafted numerous patent licenses and settlement agreements for clients.