Litigation Examples
Litigation examples
Texas Instruments Incorporated v. Hyundai Electronics Industries Co., Ltd. - Represented TI in three cases in the E.D. Tex. and nine others filed around the world 1998. Obtained a settlement, valued at over $1.2 billion, in favor of TI after taking the first of over 30 semiconductor patents to trial in the E.D. Tex. and winning.
F&G Scrolling Mouse, LLC. v. IBM Corporation (M.D.N.C. 1999) - Obtained an extremely favorable settlement for IBM in defense of a patent infringement suit concerning scrolling mouse technology.
Alcatel USA, Inc. v. Tekelec, Inc. (E.D. Tex. 2000) - Obtained a favorable settlement for Alcatel by asserting two patents related to the routing of query messages by a signal transfer point in a telecommunications network.
National Presort, Inc. v. Bell & Howell Company Postal Systems, Inc. (N.D. Tex. 2001) - Obtained an extremely favorable settlement for Bell & Howell in defense of a patent infringement suit involving mail sorting technology.
Air Measurement Technologies, Inc. v. Scott Technologies, Inc. (W.D. Tex. 2001) and Air Measurement Technologies, Inc. v. Bacou USA Safety, Inc. (W.D. Tex. 2001) - Counsel for Scott and Bacou. Obtained a favorable settlement in defending against five patents relating to breathing apparatuses for firefighters.
Universal Surveillance Systems, Inc. v. Sensormatic Electronics Corporation (S.D. Fla. 2002) - Obtained a jury verdict in favor of Sensormatic, including an award of damages and permanent injunction, with respect to a Sensormatic patent covering electronic article surveillance tag technology.
Texas Instruments Incorporated v. Intergraph Corporation (Two cases in the E.D. Tex. 2003) - Obtained a favorable settlement for TI by asserting three patents related to computer clock speed control and an intelligent power switch and defending against three patents related to parallel processing.
Symbol Technologies, Inc. v. Hand Held Products, Inc. v. Avnet, Inc. (D. Del. 2003) - Obtained an extremely favorable settlement for Avnet in a patent infringement suit concerning 802.11a/g wireless cards.
Verve, LLC v. 3M Company (E.D. Tex. 2004) - Obtained an extremely favorable settlement for 3M in defending a patent infringement suit involving optical fiber network design.
Lonestar Inventions, LP v. Marvell Semiconductor, Inc. (W.D. Tex. 2004) - After successfully arguing a motion to transfer to the N.D. Cal., obtained a favorable settlement for Marvell in defense of a patent infringement suit involving a high capacitance structure in a semiconductor device.
Motorola, Inc. and Freescale Semiconductor, Inc. v. Micron Technology, Inc. (W.D. Tex. 2004) - Obtained an extremely favorable settlement for Micron in a patent infringement suit involving 34 mobile phone, semiconductor processing, and circuit patents asserted by Motorola/Freescale and Micron.
Wichita Falls Power Management, LLC v. Intel Corporation (N.D. Tex. 2005) - Obtained dismissal for Intel in a patent infringement suit involving microprocessor power management.
TronTech Licensing Incorporated v. Uniden America Corporation (E.D. Tex. 2006) - After invalidating 8 claims based on indefiniteness at Markman hearing, obtained favorable settlement for Uniden in patent infringement suit involving cordless telephone answering machine technology.
Constellation IP, LLC (n/k/a Presentation Specialist Technologies, LLC) v. Travelocity.com, LP and Sabre Holdings Corporation (E.D. Tex. 2006); Constellation IP, LLC v. Travelport, Inc., Orbitz, LLC, Orbitz Away, LLC, Trip Network, Inc. (d/b/a CheapTickets), Galileo International, LLC, and LQ Management LLC (E.D. Tex. 2007); and Constellation IP, LLC v. Netflix, Inc., IAC/InterActiveCorp, and Match.com, LLC (E.D. Tex. 2007) - Obtained dismissal for Sabre and Travelport and favorable settlements for Travelocity, Orbitz, CheapTickets, Galileo, La Quinta, Netflix, IAC/InterActiveCorp, and Match.com by defending patent infringement suits concerning an electronic, customized, presentation system that creates a visual impression characteristic that the customer associates with the seller.
Clear with Computers, LLC (f/k/a Orion IP, LLC) v. Isuzu Motors America, Inc. (E.D. Tex. 2007); Clear with Computers, LLC v. Canon U.S.A., Inc., Uniden America Corporation, Kohler Co., Callaway Golf Company, Plantronics, Inc., Altec Lansing Technologies, Inc., Haier America Trading, LLC, Bed Bath & Beyond, Inc., Buy Buy Baby, Inc., Dillard’s, Inc., The Gap, Inc., Banana Republic LLC, Old Navy LLC, Guess? Inc., Saks Incorporated, Club Libby Lu, Inc., Limited Brands, Inc., Victoria’s Secret Stores, LLC, Urban Outfitters, Inc., Anthropologie, Inc., and Free People, LLC (E.D. Tex. 2008); Clear with Computers, LLC v. Apple, Inc. (E.D. Tex. 2008); Clear with Computers, LLC v. Bassett Furniture Industries, Inc., The Boeing Company, Brunswick Corporation, Sea Ray Boats, Inc., Boston Whaler, Inc., Cabela’s, Inc., eBay, Inc., Halliburton Company, Herman Miller, Inc., Pitney Bowes, Inc., Polaris Industries, Inc., QVC, Inc., and Tommy Hilfiger USA, Inc. (E.D. Tex. 2009); and Clear with Computers, LLC v. Hyundai Heavy Industries Co., Ltd., Chico’s Brands Investments, Inc., and Pacific Sunwear of California, Inc. (E.D. Tex. 2009) - Obtained dismissal for Club Libby Lu and favorable settlements for Isuzu, Canon, Uniden, Kohler, Callaway, Plantronics, Altec Lansing, Haier, Bed Bath & Beyond, Buy Buy Baby, Dillard’s, Gap, Banana Republic, Old Navy, Guess?, Saks, Limited Brands, Victoria’s Secret, Urban Outfitters, Anthropologie, Free People, Apple, Bassett, Boeing, Brunswick, Sea Ray, Boston Whaler, Cabela’s, eBay, Halliburton, Herman Miller, Pitney Bowes, Polaris, QVC, Tommy Hilfiger, Hyundai, Chico’s, and PacSun in patent infringement suits concerning electronic proposal preparation system patents and a computer assisted part sales method patent.
Gemini IP, LLC v. Citrix Systems, Inc. (E.D. Tex. 2007) - Obtained a favorable settlement for Citrix in patent infringement suit concerning remote access software.
Accolade Systems LLC v. Citrix Systems, Inc. (E.D. Tex. 2007) - Obtained summary judgment for Citrix in patent infringement case involving remote access software by successfully arguing that Citrix had been released pursuant to a co-Defendant’s settlement agreement with the Plaintiff.
MHL Tek, LLC v. Subaru of America, Inc., Subaru of Indiana Automotive, Inc., and Fuji Heavy Industries, Ltd. (E.D. Tex. 2007 and Fed. Cir.) and MHL Tek, LLC v. Mitsubishi Motors North America, Inc. (E.D. Tex. 2008) - Obtained dismissal of Fuji, dismissal of two of three asserted patents based on a lack of standing, and summary judgment of non-infringement with respect to the third asserted patent for Subaru of America and Subaru of Indiana Automotive in case involving tire pressure monitoring system patents. The Federal Circuit affirmed the District Court’s lack of standing ruling and found the District Court’s non-infringement ruling moot after holding that there was a standing problem with the third patent as well (and thus reversing the District Court’s ruling on the third patent standing issue). Also obtained dismissal for Mitsubishi Motors in a separate action.
Parallel Networks, LLC v. Netflix, Inc. (E.D. Tex. 2007); Parallel Networks, LLC v. Orbitz, LLC and Priceline.com, Inc. (E.D. Tex. 2008); and Parallel Networks, LLC v. Orbitz Worldwide, Inc. (E.D. Tex. 2010) - After obtaining a favorable claim construction ruling on behalf of Netflix, Orbitz, and Priceline, which led to the effective invalidity of the two patents in suit, the Plaintiff abandoned its case two days before the Court’s hearing on Netflix’s, Orbitz’s, and Priceline’s motion for summary judgment of invalidity by filing a covenant not to sue Netflix, Orbitz, and Priceline, an emergency motion to cancel the invalidity hearing, and a motion to dismiss Netflix, Orbitz, and Priceline with prejudice. The two patents in suit relate to the concept of offloading dynamic web page generation requests from a web server to an application server.
DataTern, Inc. v. Avis Budget Group, Inc. and Hertz Corporation (E.D. Tex. 2009); DataTern, Inc. v. ConocoPhillips Company (E.D. Tex. 2009); and DataTern, Inc. v. The Bank of New York Mellon Corporation, Eagle Investment Systems LLC, Pershing LLC, and Goldman, Sachs & Co. (E.D. Tex. 2010) - Obtained favorable settlements for Avis Budget, Hertz, ConocoPhillips, Bank of New York Mellon, Eagle Investment, Pershing, and Goldman Sachs in patent infringement suits concerning middleware software that facilitates communication between an object oriented program and a relational database.
TQP Development, LLC v. Barclays Bank PLC and Amazon.com, Inc. (E.D. Tex. 2009); TQP Development, LLC v. Ticketmaster Entertainment, Inc. (E.D. Tex. 2009); TQP Development, LLC v. Delta Air Lines, Inc., BigMachines, Inc., Transamerica Life Insurance Company, and Bank of New York Mellon Corporation (E.D. Tex. 2010); TQP Development, LLC v. OppenheimerFunds, Inc., Nationwide Investment Services Corporation, and Nationwide Mutual Insurance Company (E.D. Tex. 2011); and TQP Development, LLC v. New York Life Insurance Company, New York Life Insurance and Annuity Corporation, and Massachusetts Mutual Life Insurance Company (E.D. Tex. 2011) - Obtained dismissal of Ticketmaster and favorable settlements for Barclays, Amazon, Delta, BigMachines, Transamerica, Bank of New York Mellon, Oppenheimer, Nationwide, New York Life, and MassMutual in patent infringement suits relating to SSL encryption.
Landmark Technology, LLC v. Fossil, Inc., Coach, Inc., and Select Comfort Corporation (E.D. Tex. 2009); Landmark Technology, LLC v. Tiffany & Co., Dillard’s, Inc., Urban Outfitters, Inc., CVS Caremark Corp., and RadioShack Corp. (E.D. Tex. 2010); Landmark Technology, LLC v. Hastings Entertainment, Inc., Books-A-Million, Inc., Tuesday Morning Corporation, BJ’s Wholesale Club, Inc., and Ulta Salon, Cosmetics & Fragrance, Inc. (E.D. Tex. 2010); and Landmark Technology, LLC v. Tech for Less, Inc. (E.D. Tex. 2011) - Obtained extremely favorable settlements for Fossil, Coach, Select Comfort, Tiffany, Dillard’s, Urban Outfitters, CVS, RadioShack, Hastings, Books-A-Million, Tuesday Morning, BJ’s Wholesale, Ulta, and Tech for Less in patent infringement actions relating to e-commerce technology.
WebMap Technologies LLC v. Travelocity.com, Inc., Expedia, Inc., TripAdvisor LLC, IAC/InterActiveCorp, Citysearch, LLC, and City Accommodations Network, Inc. (E.D. Tex. 2009) - Obtained favorable settlements for Travelocity, Expedia/TripAdvisor, IAC/Citysearch, and City Accommodations Network in patent infringement suit against Acacia entity WebMap concerning interactive website mapping technology.
EMG Technology, LLC v. Priceline.com, Inc. (E.D. Tex. 2009); EMG Technology, LLC v. Barnes & Noble, Inc. (E.D. Tex. 2009); EMG Technology, LLC v. Burger King Holdings, Inc. and McDonald’s Corporation (E.D. Tex. 2010); and EMG Technology, LLC v. Kohl’s Corporation (E.D. Tex. 2011) - Obtained favorable settlements for Priceline, Barnes & Noble, Burger King, McDonald’s, and Kohl’s in patent infringement suits involving mobile wireless web browsing technology.
SFA Systems, LLC v. Barnes & Noble Inc., Barnesandnoble.com LLC, and J&R Electronics Inc. (E.D. Tex. 2009) and SFA Systems, LLC v. BigMachines, Inc., Carestream Health, Inc., Ricoh Americas Corporation, and Enterasys Networks, Inc. (E.D. Tex. 2010) - Obtained favorable settlements for Barnes & Noble, J&R, BigMachines, Carestream, Ricoh, and Enterasys in patent infringement suits concerning computerized sales force automation.
Phoenix Licensing, L.L.C. v. Barclays PLC, Barclays Bank PLC, and Barclays Bank Delaware (E.D. Tex. 2009) - Obtained settlement for Barclays in patent infringement suit involving e-commerce technology.
Stambler v. Ticketmaster Entertainment, Inc., Expedia, Inc., Hotels.com, LP, Sabre Holdings Corporation, and Travelocity.com LP (E.D. Tex. 2009); Stambler v. USAA Federal Savings Bank and MoneyGram International, Inc. (E.D. Tex. 2010); and Stambler v. Atmos Energy Corp., Orbitz Worldwide, Inc., Orbitz, LLC, and Priceline.com, Inc. (E.D. Tex. 2010) - Obtained favorable settlements for Ticketmaster, Expedia, Hotels.com, Sabre, Travelocity, USAA, MoneyGram, Atmos, Orbitz, and Priceline in patent infringement actions relating to SSL authentication and encryption.
Parallel Networks, LLC v. Netflix, Inc. (E.D. Tex. 2010); Parallel Networks, LLC v. Flairview Travel PTY Ltd. and Flightbookers Ltd. (E.D. Tex. 2010); Parallel Networks, LLC v. TripAdvisor LLC, Brawn, LLC, US Airways, Inc., Delta Air Lines, Inc., Oriental Trading Company, Inc., Cabela’s, Inc., Barnes & Noble, Inc., Barnesandnoble.com, LLC, Onestop Internet, Inc., and Iconix Brand Group, Inc. (E.D. Tex. 2010); and Parallel Networks, LLC v. Sunglass Hut Trading, LLC, The Goodyear Tire & Rubber Company, Citizen Watch Company of America, Inc., Dillard’s, Inc., Subaru of America, Inc., ASICS America Corporation, Jones Investment Company, Inc., and Jones Retail Corporation (E.D. Tex. 2010) - In the first early Markman/Summary Judgment procedure ever implemented in the Eastern District of Texas, obtained summary judgment of non-infringement for Netflix, Flairview Travel, Flightbookers, TripAdvisor, Brawn, US Airways, Delta Air Lines, Oriental Trading, Cabela’s, Barnes & Noble, Onestop Internet, Iconix, Sunglass Hut, Goodyear, Citizen Watch, Dillard’s, Subaru, ASICS, and Jones Retail in patent infringement suit involving the dynamic generation of an applet.
Microlog Corp. v. CVS Pharmacy, Inc. and La Quinta Corporation (E.D. Tex. 2010) - Obtained extremely favorable settlement for CVS and La Quinta in patent infringement action relating to unified customer contact technology.
Condatis LLC v. Bombardier Inc., Brunswick Corporation, Mercury Marine, and Cummins MerCruiser Diesel Marine (E.D. Tex. 2010) - Obtained extremely favorable settlement for Bombardier, Brunswick, Mercury Marine, and Cummins MerCruiser in patent infringement case concerning realtime sensing of parameters in a powered vehicle.
Actus, LLC v. MoneyGram International, Inc. (E.D. Tex. 2010) - Obtained dismissal of MoneyGram in patent infringement suit relating to electronic token payment technology.
Ganas, LLC v. Sabre Holdings Corporation (E.D. Tex. 2010) - Obtained favorable settlement for Sabre in patent infringement case relating to Internet firewall technology.
CEATS, Inc. v. United Air Lines, Inc., Continental Airlines, Inc., Delta Air Lines, Inc., US Airways, Inc., Virgin America, Inc., Ticketmaster, LLC, Live Nation Worldwide, Inc., and TicketsNow.com, Inc. (E.D. Tex. 2010) - Pursuant to jury trial, invalidated 4 claims from 4 patents on behalf of United, Continental, Delta, US Airways, Virgin, Ticketmaster, Live Nation, and TicketsNow based on anticipation and obviousness in patent infringement suit concerning interactive seat map technology.
Innovatio IP Ventures, LLC v. LQ Management LLC (N.D. Ill. 2011) - Obtained favorable settlement for La Quinta in connection with patent infringement suit involving WiFi technology.
Unified Messaging Solutions LLC v. Atmos Energy Corp., Atmos Energy Services, LLC, and TXU Energy Retail Company LLC (E.D. Tex. 2011) -Obtained favorable settlements for Atmos and TXU in patent infringement action relating to web mail.
Dexas International, Ltd. v. Dollar Tree Stores, Inc. and Greenbrier International, Inc. (E.D. Tex. 2011) - Obtained favorable settlement for Dollar Tree in patent infringement suit concerning a cutting board scoop.
Ogma, LLC v. Haier Group Company and Haier America Trading, LLC (E.D. Tex. 2011) -Obtained extremely favorable settlement for Haier in patent infringement case concerning HDTV aspect ratio technology.
H-W Technology L.C. v. Orbitz Worldwide, Inc. (N.D. Tex. 2011) - Obtained extremely favorable settlement for Orbitz in patent infringement action relating to the use of a smartphone to access a mobile website to order goods and services.
ArrivalStar S.A. v. True Religion Sales, LLC (S.D. Fla. 2011) and ArrivalStar S.A. v. Virgin America, Inc. (N.D. Ill. 2011) - Obtained extremely favorable settlements for True Religion and Virgin in patent infringement cases concerning vehicle monitoring and notification systems.
Alloqate, LLC v. Orbitz, LLC, Expedia, Inc., Hotwire, Inc., Travelocity.com LP, and Kayak Software Corporation (D. Del. 2011) - Obtained dismissal for Orbitz, Expedia, and Hotwire and extremely favorable settlements for Travelocity and Kayak in connection with patent infringement suit relating to website price alert technology.