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Electrical/Computer Technology

Fish has a strong reputation in the electrical engineering and technology communities for the highest quality of work in the most complex patent matters.

Attorneys from our practice groups work with some of the largest and most successful companies in these sectors. More of the 50 most innovative companies in the world, as ranked by IP Law & Business, referenced our prosecution work more than that of any other law firm.

All our clients, large and small, place a strong value on their intellectual property and trust us to protect the assets of their organizations.

Chicago Board Options Exchange, Incorporated v. International Securities Exchange

Represented CBOE in a patent case related to a fully computerized exchange for trading securities. In March 2013, argued and obtained successful pretrial rulings on motions in limine that forced ISE to consent to judgment in favor of CBOE moments before opening statements were to begin.

Toshiba Corp. v. Imation Corp., et al.

Represented multiple defendants in a patent infringement case involving DVD technology. The defendants won summary judgment of non-infringement on all three patents. On appeal, the decision was affirmed-in-part, vacated-in-part, and remanded. During trial, two defendants were dismissed, two were found not liable on all counts, and the Court determined that Toshiba did not prove any damages against the remaining defendants.

Halo Electronics Inc. v. Bel Fuse Inc., et al.
Counsel for Halo Electronics, a family-run business, in a long-running patent case related to packaging for surface mount magnetic components used in electronics products. In November 2012, a jury found defendant Pulse Electronics liable for willful infringement on three Halo patents, confirmed the patents’ validity, and awarded past damages. At that time, five other competitors had licensed the Halo patent portfolio.

CEATS Inc. v. Continental Airlines Inc.
Represented United, Continental, Delta, US Airways, Virgin, Ticketmaster, Live Nation, and TicketsNow. Invalidated 4 claims from 4 patents based on anticipation and obviousness in patent infringement suit concerning interactive seat map technology.

IMRA America Inc. v. IPG Photonics Corp.
Defended IPG Photonics in a patent litigation matter related to rare earth-doped high power optical fiber lasers and amplifiers, such as for use in cutting, welding, and telecommunications. Jury verdict of non-infringement.

Eolas Technologies Inc. et al. v. Adobe Systems Incorporated et al.
Represented Adobe and Go Daddy in a multi-defendant, multi-patent litigation in the Eastern District of Texas relating to interactive content in browsers. Jury verdict of invalidity of all asserted claims.

Certain Liquid Crystal Display Modules and Products Containing the Same, and Methods for Making the Same (337-TA-702)
Representing respondent Samsung Electronics.

Certain Liquid Crystal Display Devices and Products Containing the Same (337-TA-699)
Representing complainant Samsung Electronics.

Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same (337-TA-661)
Defending NVIDIA and its customers in a nine-patent investigation brought by Rambus involving SDRAM controller patents.

Certain Inkjet Ink Supplies and Components Thereof (337-TA-691)
Representing complainant Hewlett-Packard in a case relating to inkjet cartridges.

Certain Video Displays, Components Thereof, and Products Containing Same (337-TA-687)
Representing LG Electronics in a patent case involving LCD televisions.

Certain MLC Flash Memory Devices and Products Containing Same (337-TA-683)
Representing respondent Apple in a case involving flash memory devices.

Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (337-TA-674)
Representing respondent Chi Mei Lighting Technology Corporation.

Certain Electronic Devices Having Image Capture or Display Functionality and Components Thereof (337-TA-672)
Represented complainant LG Electronics against Eastman Kodak in a patent case involving mobile telephones and wireless communication devices featuring digital cameras. Case settled prior to trial.

iLOR, LLC v. Google Inc. (No. 2008-5050)
Fish represented Google in this case where iLor sought a preliminary injunction against the Google Notebook application. The Federal Circuit affirmed the district court's refusal to enter an injunction and also obtained a reading of the iLor patents that led immediately to a finding of summary judgment of non-infringement for Google.

Certain Tunable Laser Chips, Assemblies and Products Containing Same (337-TA-662)
Representing respondent Syntune of Sweden and CyOptics in a patent investigation related to semiconductor lasers transmitted through optical fibers brought by JDS Uniphase.

Predicate Logic v. Distributive Software (No. 2007-1539)
Fish successfully represented Predicate Logic in obtaining a reversal of the district court’s summary judgment of invalidity. The patent at issue involved a method for data measurement and analysis that could be used in software development.

Lucent Technologies Inc., et al. v. Gateway Inc., et al.
Fish successfully obtained affirmance of the district court’s ruling of noninfringement and lack of standing that set aside a $1.52 billion damage award (the largest patent infringement verdict in history) against client Microsoft. The patents at issue related to encoding and decoding of audio into the digital MP3 format. (Fed. Cir. docket nos: 2007-1546, -1580, 2008-1022. Cite: 2008 WL4349236.)

SRI International, Inc. v. Symantec Corporation and Internet Security Systems, Inc
Fish successfully represented SRI International as co-lead counsel in the District of Delaware in securing a jury verdict of infringement and patent validity against both defendants Symantec and ISS. Technology at issue related to computer network intrusion detection. The case is currently in the post-trial motions stage and the issues of damages and willful infringement have been bifurcated.

Certain Peripheral Devices and Components Thereof and Products Containing the Same (337-TA-654)
Represented complainant Microsoft against Primax Electronics in a patent case relating to peripheral devices, such as keyboards and computer mice, connected to a computer. Case settled before trial.

Lucent Technologies, Inc. v. Microsoft Corp. (525 F.3d 1200)
Fish successfully obtained affirmance of district court’s grant of summary judgment of non-infringement on one patent in favor of client Microsoft on this case involving speech coding.

Dominant Semiconductors v. OSRAM GmbH (2007-1456)
Fish successfully obtained affirmance of the district court’s summary judgment of no unfair competition (and other similar claims) in favor of client OSRAM. The technology involved light emitting diodes (LEDs). In a precedential opinion, the Federal Circuit made a number of important clarifications of its law regarding what patent owners can legally do to alert others about their patents.

Certain Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same (337-TA-648)
Representing respondent Cypress Semiconductor in a patent case filed by LSI and Agere Systems.

Certain Liquid Crystal Display Modules, Products Containing Same, and Methods for Using the Same (337-TA-634)
Represented respondent Samsung Electronics against patent infringement claims brought by Sharp accusing Samsung's LCD products.

Graffia v. Hartford Computer Group, Inc.
Fish represented Hartford Computer Group, Inc. in a lawsuit in the Delaware Court of Chancery brought under Section 220 of the DGCL by a stockholder for corporate books and records. Fish obtained a favorable settlement.

Certain Computer Products, Computer Components and Products Containing Same (337-TA-628)
Represented respondent ASUS against IBM in investigation concerning products implementing power supplies, variable speed fans, and Network Address Port Translation. ASUS prevailed on all claims after full hearing on merits. The ALJ’s decision was affirmed by the Commission.

Certain Noise Canceling Headphones (337-TA-626)
Represented complainant Bose enforcing active noise-cancelling headphone patents against seven respondents. Case settled favorably just prior to trial.

System General Corp. v. International Trade Commission (254 F. App’x 824)
Fish represented Power Integrations as an intervenor on the side of the ITC and successfully obtained summary affirmance of an ITC finding of infringement. The decision was significant because it excluded System General from importing the infringing chips at issue and also the downstream products that incorporated the chips, such as LCD monitors and printer adapters.

Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (337-TA-621)
Representing Micronics Japan in multi-patent investigation brought by FormFactor concerning probe cards for testing semiconductor wafers.

U.S. Philips Corp. v. Iwasaki Electric Co. (505 F.3d 1371)
Fish successfully obtained affirmance of district court’s partial summary judgment of no literal infringement in favor of client Iwasaki. The Federal Circuit vacated partial summary judgment of non-infringement under the doctrine of equivalents and remanded the issue to the district court. The technology related to high pressure, mercury-vapor lamps.

OSRAM GmbH v. International Trade Commission (505F.3d 1351)
Fish successfully obtained reversal of ITC improper claim construction and resulting finding of non-infringement on behalf of client OSRAM. The patents at issue involved light-emitting diodes.

Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same (337-TA-619)
Represented respondents Kingston Technology Company and Phison Electronics Corp. in a patent case involving flash memory devices. Final determination of no infringement.

Morrow v. Microsoft Corp. (499 F.3d 1332)
Fish successfully obtained reversal of district court’s decision that creditors of bankrupt Internet service provider had standing to sue Fish client Microsoft for patent infringement. The patents at issue involved hypertext technology.

Encyclopaedia Britannica Inc. v. Magellan Navigation Inc., et al.
Represented TomTom in patent infringement case involving navigation devices. Won summary judgment of invalidity of two Britannica patents.

Toshiba Corp. v. Juniper Networks, Inc. (248 F. App’x 170)
Fish successfully obtained affirmance of district court’s claim construction, which had resulted in summary judgment of non-infringement favorable to client Juniper Networks. The patents at issue involved a routing scheme for sending data between computers and disparate types of networks.

Data Encryption Corp. v. Microsoft Corp. (248 F. App’x 166)
Fish represented Microsoft against Data Encryption, a subsidiary of infamous patent assertion company Acacia Technologies Group, who had accused the encrypting file system of Microsoft Windows of infringing its patent. Fish successfully obtained affirmance of district court’s summary judgment on non-infringement. The patents at issue related to file encryption and decryption.

JuxtaComm Technologies Inc. v. Ascential Software Corp., et al.
Represented Microsoft in a multi-defendant patent infringement case filed in the Eastern District of Texas involving database technologies and data integration software. Case settled favorably.

All Computers Inc. v. Intel Corp.
Fish successfully obtained summary affirmance of district court’s favorable claim construction that resulted in summary judgment of non-infringement in favor of Fish client Intel. The patent at issue involved processors on consumer laptop computers.

Certain Semiconductor Devices, DMA Systems, and Products Containing Same (337-TA-607)
Represented complainant Samsung Electronics against Renesas Technology in a patent case relating to semiconductors and DMA systems. Case settled after trial.

Citizens Electronics Co. v. OSRAM GmBH (225 F. App’x 890)
Fish successfully obtained affirmance of the district court’s decision to dismiss the complaint against client OSRAM for lack of subject matter jurisdiction. The technology related to light emitting diodes.

Certain Unified Communications Systems, Products and Components Thereof (337-TA-598)
Represented complainant Microsoft against Alcatel-Lucent in a case related to computer telephony and unified messaging. The Administrative Law Judge found infringement and validity.

Certain NAND Flash Memory Devices and Components Thereof (337-TA-592)
Represented respondent Hynix Semiconductor. Case settled favorably.

Accolade Systems LLC v. Citrix Systems Inc.
Obtained summary judgment in favor of client Citrix releasing Citrix from all asserted claims in software patent infringement suit.

Certain Dynamic Random Access Memory Devices and Products Containing Same (337-TA-595)
Defended Samsung Electronics against patent infringement claims brought by Renesas Technology accusing Samsung’s DRAM products. Case settled after trial.

Fenner Investment Ltd. v. Microsoft Corp., et al.
Represented Microsoft in a patent infringement case relating to an interface for joysticks used in Microsoft's Xbox game systems. The case was won on summary judgment the day before trial was scheduled to begin.

Northeastern University, et al. v. Google, Inc.
Defending Google against claims for patent infringement. The technology at issue relates to techniques for searching large, distributed databases.

Certain Inkjet Ink Supplies and Components Thereof (337-TA-581)
Represented complainant Hewlett-Packard in an investigation against Ninestar Technology. Case settled favorably.

Certain Peripheral Devices and Components Thereof and Products Containing the Same (337-TA-580)
Represented complainant Microsoft in a case relating to peripheral devices. Case settled favorably.

Witness Systems Inc. v. NICE Systems Inc., et al.
Fish successfully represented Witness in a patent infringement case involving speech analytics. The case was tried verdict and the jury found infringement and awarded precise damages demand advanced at trial.

Certain Flash Memory Devices and Components Thereof, and Products Containing Such Devices and Components (337-TA-552)
Defended patent infringement action on behalf of Hynix Semiconductor against Toshiba relating to flash memory products. After a full hearing, no violation was found.

Certain Power Supply Controllers and Products Containing Same (337-TA-541)
Represented complainant Power Integrations against System General relating to power supply controllers.

Certain Network Controllers and Products Containing Same (337-TA-531)
Represented Marvell Semiconductor against Realtek Semiconductor in a patent infringement action relating to gigabit ethernet network controllers. Case settled favorably.

Certain Point of Sale Terminals and Components Thereof (337-TA-524)
Defended patent infringement action on behalf of Ingenico against Verve relating to point-of-sale devices. Obtained termination of investigation before hearing.

Certain Disc Drivers, Components Thereof, and Products Containing Same (337-TA-516)
Represented complainant Seagate Technology against Cornice alleging infringement of seven patents relating to disc drive apparatuses and magnetic recording media. Cornice agreed to cease import of named products after first day of trial.

Certain Light-Emitting Diodes and Products Containing the Same (337-TA-512)
Prosecuted patent infringement action on behalf of German companies Osram and Osram Opto Semiconductors against Malaysian company Dominant Semiconductors relating to light emitting diodes (LEDs). Nine patents found valid and infringed. Successfully obtained infringement finding against all accused products in the complaint. Obtained exclusion order against relevant LEDs.

Arendi U.S.A. Inc., et al. v. Microsoft Corp., et al.
Defended Microsoft in a patent case relating to Office XP "smart tag" technology, which involves associating actions with certain content in an electronic document. Won jury verdict of non-infringement (the first ever for Microsoft) after a two week trial. Verdict selected by the National Law Journal as one of the ten top defense verdicts of 2004.

Uniloc USA Inc., et al. v. Microsoft Corp., et al.
Defending Microsoft in patent infringement lawsuit accusing Microsoft Product Activation. District court granted post-trial JMOL of non-infringement and no willfulness, along with, in the alternative, a new trial. Appeal currently pending before the Federal Circuit.

Certain Display Controllers and Products Containing Same (337-TA-491)
Prosecuted patent infringement action on behalf of Genesis Microchip against Media Reality Technologies and Trumpion Microelectronics relating to display controller technology. Obtained exclusion order against accused products.

Electrical/Computer Technology Experience
Represented software companies in antitrust counterclaim against BMC Software, Inc., which had brought trade secrets claim against the companies, that resulted in $39 million settlement for the software companies.

Zoran v. ArcSoft
Represented ArcSoft in this litigation, and cross action, for breach of contract, and misrepresentation, arising out of a failed alliance for the development of technology used to port video and other content from a computer to a television and other peripheral devices. A comprehensive business solution was worked out between the parties.

United States of America, ex rel John D. Battaglia v. Texas Data Control, et al.
Successfully defended Texas Data Control in qui tam case alleging violations of the federal False Claims Act. In addition to the defense verdict, Fish obtained $15 million settlement after verdict. National Law Journal put this case on the biggest winner list in 1998.

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