Jolynn Lussier is a litigation senior principal at Fish & Richardson representing clients in patent and trade secret matters. She has successfully led teams to key victories at summary judgment and at trial and has crafted risk assessment strategies and agreements protecting her clients’ most important innovations. Ms. Lussier’s practice includes work as lead counsel in cases around the country as well as before the USPTO, Patent Trial and Appeal Board. Ms. Lussier has also successfully argued before the Court of Appeals for the Federal Circuit and has been involved in hotly contested disputes abroad.
As a lawyer who is also an engineer, she keys in on and cultivates a deep understanding of her clients’ technology. She’s represented clients across a broad band of technologies, including complex computational software, specialty chemicals, electronic warfare systems, consumer audio products, optical filters, and polymeric coatings. Known by clients equally for her straight talk as well as her advocacy skills, she’s often led multi-disciplinary teams brought together to offer creative solutions to her clients’ pressing business issues.
For more than a decade, Ms. Lussier has served as a Litigation Group Leader at Fish & Richardson, mentoring and inspiring junior associates.
Before entering the legal field, Ms. Lussier worked for four years as an Electrical Design Engineer for Raytheon Company. Jolynn was part of a team of engineers designing radar transmitter systems for a class of U.S. naval warships equipped with the AEGIS Weapons System. She regularly interfaced with program office team leads and resolved field issues and held a Secret clearance.
She is from Pittsburgh, PA.
Represented capacitor maker in patent litigation involving patent on multi-rated capacitors for HVAC applications, obtaining a consent judgment on behalf of American Radionic. American Radionic Co., Inc. v. Packard Inc. et al, M.D. Florida.Represented BAE Systems in hard-fought suit against a former subcontractor for trade secret theft, breach of contract, and patent infringement arising from defendants’ work with a major BAE Systems competitor on a gimbal assembly for an infrared countermeasure systems that prevents missiles from striking aircraft. Case also involved litigation on government authorization and consent under 28 U.S.C. §1498 and states secrets privilege. BAE Systems Information and Electronic Systems Integration Inc. v. Aeroflex Incorporated et al., D. Delaware and Federal Circuit appeals court.
Represented Vutek in a patent suit involving cross-claims for infringement of patents relating to ink jet technology for large color images, obtaining after a bench trial a judgment of no liability for Vutek and a finding of willful infringement of its patented ink jet print head innovation with an award of treble damages, attorney fees and permanent injunction, later affirmed on appeal. Signtech USA, Ltd. V. Vutek, Inc., S.D. Texas and Federal Circuit appeals court.
Represented PPG Industries in hotly contested competitor patent dispute over PPG’s precipitated silica products engineered for use in a variety of industrial applications, obtaining summary judgment of no liability and evidence exclusion order, and favorable appeal outcome. Rhodia Chimie v. PPG Industries, Inc., D. Delaware and Federal Circuit appeals court. Also represented PPG Industries in long-running international contested proceedings involving Rhodia’s assertion of other precipitated silica patents.
Represented PPG Industries in infringement suit on patents for methods and compositions relating to resins and coatings having low or zero volatile organic compounds. Polymer Solvents LLC v. PPG Industries, Inc. et al, E.D. Texas.
Represented Rembrandt Vision against contact lens makers in an expert-intensive case concerning infringement of a patent on a polymeric composition for a soft gas permeable contact lens, obtaining a $41 million verdict after a jury trial and defeating an inequitable conduct challenge in a separate proceeding. Rembrandt Vision Technology L.P. v. CIBA Vision Corp. et al, E.D. Texas.
Represented Clopay Plastic in patent case involving methods of making a breathable film/nonwoven laminate. Kimberly-Clark Worldwide Inc. v. Clopay Plastic Prods. Co., Inc. et al, D. Delaware.
Represented manufacturing startup for thin film optical interference filters used in fluorescence microscopy and its founders in monumental battle involving accusations of record theft by their former employer—stealing more than 400 alleged trade secrets among other violations, obtaining after a 22-day bench trial a complete victory for the founders and startup against claims for trade secret misappropriation, conversion, breach of loyalty, tortious interference with business relations, unfair competition, conspiracy and breach of contract, later affirmed on appeal. Omega Optical, Inc. v. Chroma Technology Corp. et al., Vermont Superior Court and Vermont Supreme Court.
Represented Nuance in a patent infringement suit involving a type of interface for use in speech recognition systems. AllVoice Computing plc v. Nuance Communications, Inc., S.D. Texas and Federal Circuit appeals court.
Represented L&H Holdings (formerly Dragon Systems) in patent case relating to speech recognition software, successfully defeating motion for preliminary injunctive relief and obtained summary affirmance on appeal. AllVoice Computing plc v. L&H Holdings USA, Inc. et al, D. Massachusetts and Federal Circuit appeals court.
Represented Sane Solutions, Unica Corporation, and WebTrends in patent infringement suits targeting web site analytics software. NetRatings, Inc. v. Sane Solutions, LLC et al, S.D. New York; NetRatings, Inc. v. WebTrends, Inc., D. Oregon.
Represented Bose in infringement suits and related patent office proceedings asserting infringement of patents concerning remote-controlled audio system that couples to, and can control functions of, a separate computer. See, e.g., Bose v. SDI Technologies, Inc., et al, D. Massachusetts and Federal Circuit appeals court.
Represented MBO Labs in appeal of infringement case involving patent to a design for a hypodermic safety syringe. MBO Laboratories, Inc. v. Becton, Dickinson & Co., Federal Circuit appeals court.
Represented Nike in suit by individual claiming infringement of patents for shock-absorbing athletic shoe soles, obtaining summary judgment of no liability on all 157 accused Nike shoe models, later affirmed on appeal. Lawlor v. Nike, Inc. et al, D. Massachusetts and Federal Circuit appeals court.
Represented Bose in suit by individual claiming infringement of patent relating to a dual speaker system requiring a specific configuration of speaker drivers. Janes v. Bose Corporation, N.D. Illinois.
Represented Bose in patent infringement case involving patented loudspeaker having a novel port design for radiating acoustic energy, obtaining after a bench trial a permanent injunction and $5.6 million damages award—a hybrid lost profits and reasonable royalty award based on the entire value of the infringing systems, later affirmed on appeal along with district court’s ruling excluding evidence disclosed on eve of trial. Bose Corporation v. JBL, Inc. et al, D. Massachusetts and Federal Circuit appeals court. Also represented Bose on related later appeal arising from infringer’s challenge of district court’s decision lifting stay execution of $8.3 million judgment (includes interest).
Trademark: Represented Boston Athletic Association in trademark counterfeiting cases, obtaining temporary restraining orders prior to running of BAA’s Boston Marathon® and enforced restraining orders against counterfeiters. Boston Athletic Association v. John Does, Massachusetts Superior Court.
Trademark: Represented Fiber Composites in trademark infringement suit involving composite wood decking materials. Perfection Fence Co. v. Fiber Composites LLC, D. Massachusetts.
False Advertising: Represented Bose in asserting false advertising and patent infringement claims on equalization technology used in music systems. Bose Corp. v. Cambridge Soundworks Inc. et al, D. Massachusetts.
Copyright: Represented individual against Patriots football team in copyright suit on logo design. Grubb v. KMS Patriots, D. Mass. and First Circuit
Fish Litigation Blog
June 24, 2016
Patent Litigation for the Non-Specialist: How it Works and What to Expect
Authors: Jolynn M. Lussier, Adam Kessel, Lawrence K. Kolodney
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