Susan Koegel

Representative Engagements

Data Transmission Devices, Inv. No. 337-TA-1150 (Data Scape v. Apple, Amazon, Verizon, et al.). Successfully represented respondent Amazon against allegations of patent infringement. Complainants withdrew the complaint and terminated the investigation.
Ink Toner Cartridges, Inv. No. 337-TA-1106 (Canon v. Aster Graphics, et al.). Successfully represented the Aster respondents. The Commission affirmed the ALJ’s decision granting summary determination of non-infringement, found no violation, and terminated the investigation. Currently on appeal to the Federal Circuit.
LED Lighting Devices, No. 337-TA-1081(Phillips v. WAC, et. al.) Represented the WAC respondents against allegations of patent infringement. Settled favorably during the discovery phase.
Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002 (U.S. Steel against the Chinese Steel Industry). Successfully represented the Masteel respondents against allegations of antitrust violations and false designation of origin. No violation.
Certain Protective Cases for Electronic Devices and Components Thereof, No. 337-TA-955: Successfully represented respondent Tech21 U.K. Limited in patent infringement allegations brought by Otter Products, LLC.; Otter withdrew the complaint and terminated the investigation.
Certain Antivenom Compositions and Products Containing the Same, Inv. No. 337-TA-903 (BTG v. Veteria Laboratories, BioVeteria Life Sciences, LLC, Laboratorios Silanes, Instituto Bioclon S.A. de C.V. and Rare Disease Therapeutics, Inc.). Represented complainant BTG in charges of patent infringement against respondents producing an antidote to snakebites. The investigation settled favorably.
Footwear Products, Inv. No. 337-TA-936 (Converse, Inc. v. New Balance, Walmart, Skechers U.S.A., Inc. and Zulily, Inc., et al.). Representing Skechers and Zulily against charges of trademark infringement and unfair competition. Invalidated registered trademark. Decision remanded by the Federal Circuit.
Certain Personal Transporters, Components Thereof, and Manuals Therefor, Inv. No. 337-TA-935 (Segway and Deka v. thirteen respondents): Successfully asserted utility patents, design patents and a copyright against respondents. Obtained a General Exclusion Order, Limited Exclusion Order and Cease and Desist Orders.
Certain TV Programs, Literary Works for TV Production and Episode Guides, Inv. No. 337-TA-886 (E.T. Radcliffe, LLC and Emir Tiar v. The Walt Disney Company and Thunderbird Films): Successfully represented The Walt Disney Company against allegations of copyright infringement related to the Mr. Young television show. Won on summary determination of no copyright infringement and on determination of no unfair trade competition or unfair acts.
Certain Semiconductor Integrated Circuits and Products Containing Same, Inv. No. 337-TA-665 (Qimonda AG v. LSI Corporation, Seagate Technology, et al.): Represented Seagate Technology against allegations of patent infringement with regard to semiconductor integrated circuit chips and downstream products containing those chips. The ITC found in Seagate’s favor that the patents were invalid, not infringed and that Qimonda had no domestic industry. In a Rule 36 affirmance, the Federal Circuit rejected Qimonda AG’s appeal and affirmed the ITC’s ruling that found respondents Seagate and LSI did not infringe Qimonda AG’s patents and that Qimonda did not have a domestic industry.
Certain Tunable Laser Chips, Assemblies and Products Containing Same, Inv. No. 337-TA-662 (JDS Uniphase Corporation v. Bookham, Inc., Syntune AB, et al.): Represented complainant JDSU, a California-based company and leading provider of optical products for the telecommunications industry. Asserted the infringement of patents involving tunable laser chips used to transmit optical data signals at various wavelengths. The investigation was terminated based on favorable settlement agreements with the respondents taking limited licenses.
Certain Hard Disk Drives, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-616 (Steven F. Reiber and Mary L. Reiber v. Western Digital Corporation, Hewlett-Packard Company, Toshiba America Information Systems, Inc., et al.): Represented Toshiba America Information Systems against allegations of patent infringement for a process involved in making hard disk drives. The complaint was withdrawn by the complainants prior to trial.
Certain Endoscopic Probes for Use in Argon Plasma Coagulation Systems, Inv. No. 337-TA-569 (ERBE Elektromedizin GmbH and ERBE USA, Inc. v. Canady Technology LLC, Canady Technology Germany GmbH, et al.): Represented Canady against allegations of patent and trademark infringement with regard to medical devices. After trial, the complainants’ patent was found not to be infringed by Canady; there was also a finding of no domestic industry. The Administrative Law Judge’s finding of no violation was affirmed by the Commission. The Commission decision was affirmed on appeal by the Federal Circuit.
Certain Foam Footwear, Inv. No. 337-TA-567 (Crocs, Inc. v. Australia Unlimited, Double Diamond Distribution Ltd., Holey Soles Holding Ltd., et al.): Represented Australia Unlimited against allegations of trade dress and design patent infringement related to foam shoes. Succeeded in having trade dress allegations dismissed and negotiated a settlement based on cross-licensing of design patents.
Certain Laminated Floor Panels, ITC Inv. No. 337-TA-545 (Unilin Beheer B.V., Unilin Flooring N.C. LLC, et al. v. Power Dekor Group Co., Vohringer Wood Product (Shanghai) Co., Ltd., Yekalon Industry, Inc., et al.): Achieved a 337 victory for Yekalon in this wood flooring investigation. The Administrative Law Judge found that the new product design developed by our legal team with the client during the early part of the investigation did not infringe the three asserted patents. This non-infringing product allowed Yekalon to continue selling in the U.S. market when other respondents’ products were excluded.
Certain Point of Sale Terminals and Components Thereof, Inv. No. 337-TA-524 (Verve LLC v. Thales e-Transactions, Inc., Hypercom Corporation, Lipman USA, Lipman Electronic Engineering, et al.): Represented respondents Lipman USA and Lipman Electronic Engineering against allegations of patent infringement on point of sale terminals (e.g., for swiping credit cards). Succeeded in forcing patent owner to withdraw complaint and persuaded the Administrative Law Judge to issue a seven-figure sanction against the complainant.
Certain Digital Image Storage and Retrieval Devices, Inv. No. 337-TA-520 (Ampex Corp. v. Sony Corp.): On behalf of complainant, Ampex, obtained an initial licensing fee of $40 million, and an agreement for continuing licensing payments from Sony Corp., settling ITC action and federal court suit over digital camera image-related patents. An additional complaint against Sanyo on the same patents was settled by Sanyo taking a license prior to institution of the investigation.

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Representative Engagements