Representative Engagements

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ITC Section 337 Litigation + Representative Section 337 Engagements

Data Transmission Devices, Inv. No. 337-TA-1150 (Data Scape v. Apple, Amazon, Verizon, et al.). Representing respondent Amazon.
Botulinum Toxin Products, Inv. No. 337-TA-1145 (Allergan and Medytox v. Daewoong). Representing respondent Daewoong.
Cartridges for Electronic Nicotine Delivery Systems, Inv. No. 337-TA-1141 (Juul Labs v. Maduro, et al.). Representing respondent Maduro.
Blood Cholesterol Testing Strips, Inv. No. 337-TA-1116 (Polymer Technology Systems vs. ACON). Representing complainant PTS asserting patent infringement.
Modular LED Display Panels, Inv. No. 337-TA-1114 (Ultravision v. Lighthouse, Panasonic, et. al.) Representing the Lighthouse and Panasonic respondents against allegations of patent infringement. Investigation terminated as to our clients due to a standstill agreement.
Radio Frequency Micro-Needle Dermatological Treatment Devices, Inv. No. 337-TA-1112 (Syneron v. Lutronic, et. al.). Represented the Lutronic respondents against allegations of patent infringement. The investigation settled during the discovery phase.
Ink Toner Cartridges, Inv. No. 337-TA-1106 (Canon v. Aster Graphics, et al.). Represented the Aster respondents. The Commission affirmed the ALJ’s decisions granting summary determination of non-infringement, found no violation, and terminated the investigation.
Solid State Storage Drives, Inv. No. 337-TA-1097 (BiTMICRO v. Lenovo, et. al.). Represented the Lenovo respondents against allegations of patent infringement. The investigation settled just prior to the zhearing.
LED Lighting Devices, Inv. No. 337-TA-1081 (Phillips v. WAC, et. al.) Represented the WAC respondents against allegations of patent infringement. Settled during the discovery phase.
Digital Television Set-Top Boxes, Inv. No. 337-TA-1041 (OpenTV, et al. v. Comcast, ARRIS, et al.). Represented the Comcast respondents against allegations of patent infringement. Complainants withdrew the complaint and investigation was terminated during discovery phase.
Cell Phone Holder for Vehicles, Inv. No. 337-TA-1028 (Nite Ize v. numerous respondents). Represented complainant Nite Ize in an investigation alleging patent infringement. The Commission issued a General Exclusion Order and Limited Exclusion Orders against multiple respondents.
Magnetic Data Storage Tapes, No. 337-TA-1012 (Fujifilm v. Sony). Magnetic Tape Cartridges, Inv. No. 337-TA-1036 (Sony v. Fujifilm). Magnetic Tape Cartridges, Inv. No. 337-TA-1058 (Sony v. Fujifilm). Magnetic Tape Cartridges, Inv. No. 337-TA-1076 (Fujifilm v. Sony). Representing Sony in a series of investigations and counter-investigations involving allegations of patent infringement.
Semiconductor Devices, No. 337-TA-1010 (Tessera v. Broadcom, et al.). Represented respondents against allegations of patent infringement. The investigation settled following a determination of no violation as to one asserted patent but before a Commission decision on review as to the other two asserted patents.
Carbon and Alloy Steel, No. 337-TA-1002 (U.S. Steel Corp. against the Chinese Steel Industry). Represented respondent Masteel Group against allegations of antitrust violations and false designation of origin. The Commission found no violation under both allegations.
Portable Electronic Devices, No. 337-TA-994 (Creative Technology v. Sony, et al.). Represented respondent Sony against allegations of patent infringement. Obtained 100-day hearing and invalidated the asserted patent under §101. The Federal Circuit affirmed.
Mobile Electronic Devices Incorporating Haptics, and Inv. No. 337-TA-1004 and Inv. No. 337-TA-990 (Consolidated) (Immersion v. Apple, AT&T). Represented complainant Immersion in a consolidated investigation alleging patent infringement. The investigation settled after the hearing.
Automatic Teller Machines, Inv. No. 337-TA-958 (Global Cash Access v. NRT Technology Corp.). Represented respondent NRT against allegations of patent infringement. Obtained favorable Markman ruling finding claim term indefinite and successfully invalidated the patent on summary determination. Complainant then withdrew the Complaint.
Recombinant Factor VIII Products, Inv. No. 337-TA-956 (Baxter v. Novo Nordisk). Represented respondent Novo Nordisk against claims of patent infringement. The investigation settled.
Footwear Products, 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. The investigation is pending at the Commission following a remand of its no violation finding by the Federal Circuit.
Personal Transporters, No. 337-TA-935 (Segway and Deka Products v. multiple respondents). Successfully represented complainants Segway and Deka, alleging infringement of utility patents, design patent, and copyrights. Obtained a General Exclusion Order and Limited Exclusion Orders against multiple respondents.
Hemostatic Products, No. 337-TA-913 (Baxter v. J&J, Ethicon, Ferrosan and PCI). Represented respondent Ferrosan in allegations of patent infringement on a medical device manufactured by Ferrosan and sold by Ethicon in the United States. The investigation was settled.
Antivenom Compositions, 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.
Point-to-Point Network Communication Devices, No. 337-TA-892, (Straight Path IP Group v. Sony, et al.). Represented several Sony entities against claims of patent infringement involving the Sony PlayStation, television sets, smartphones, and other electronic devices. The parties settled on the eve of trial.
TV Programs, 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 charges of copyright infringement related to the Young television show. Won on summary determination of no copyright infringement.
Integrated Circuit Chips, No. 337-TA-859 (Realtek Semiconductor Corp. v. LSI Corp. and Seagate Technology). Successfully represented LSI/Seagate in Section 337 investigation alleging patent infringement involving integrated circuits. The Commission found no violation and no domestic industry.
Sintered Rare Earth Magnets, No. 337-TA-855 (Hitachi Metals, Ltd., Japan and Hitachi Metals North Carolina, Ltd., v. Beats Electronics, LLC, et al.). Successfully represented respondent Beats—Hitachi withdrew the complaint, which resulted in the termination of Beats from the investigation.
Food Waste Disposers, No. 337-TA-838 (Emerson Electric v. Anaheim Manufacturing). Successfully represented Anaheim as a respondent against allegations of multiple unfair acts, including trade dress. Complainant withdrew its complaint after the pre-hearing conference.
Audiovisual Components, No. 337-TA-837 (LSI Corp. v. Funai Electric Co., MediaTek, Realtek Semiconductor, et al.). Represented LSI/Agere against Funai and Realtek concerning audiovisual products and semiconductor chips.
Electronic Devices for Capturing and Transmitting Images, No. 337-TA-831 (Kodak v. HTC Corp., HTC America, Inc. and Apple). Successfully represented HTC in patent dispute with Kodak.
Video Displays and Products Using and Containing Same, No. 337-TA-828 (Mondis Technology Ltd. v. Chimei Innolux Corporation and Innolux Corp.). Successfully represented complainant Mondis. The parties settled the ITC investigation and related district court and foreign litigation based on a payment of royalties to Mondis.
Navigation Products, Inv. No. 337-TA-810 (Furuno v. Honeywell & Skyforce Avionics). Represented complainant Furuno.
GPS Navigation Products, Inv. No. 337-TA-783 (Honeywell v. Furuno). Represented respondent Furuno.
Protective Cases, Inv. No. 337-TA-780 (Otter Products v. Alibaba, DHgate.com, et al.). Reached a settlement for respondent DHgate.
Certain Semiconductor Chips and Products Containing Same, Inv. No. 337-TA-753 (Rambus v. LSI Corp., et al). Represented respondents LSI and Seagate against allegations of multi-patent infringement.
Mobile Devices, Inv. No. 337-TA-750 (Apple v. Motorola). Represented respondent Motorola.
Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof, Inv. No. 337-TA- 741/749 (Thomson Licensing SAS v. MStar Semiconductor, Inc., et al). Represented MStar, a manufacturer of controller chips used in display monitors, against claims of patent infringement.
Automated Media Library Devices, Inv. No. 337-TA-746 (Overland Storage v. BDT, IBM and Dell). Represented the BDT respondents in a patent-based Section 337 investigation.
Wireless Communication Devices, Inv. No. 337-TA-745 (Motorola v. Apple). Represented complainant Motorola.
Underground Cable and Pipe Locators, Inv. No. 337-TA-727 (Radiodetection, Ltd. Vivax-Metrotech Corp. and Leidi Supply Ltd.) Successfully represented respondents Vivax-Metrotech and Leidi.
Electronic Imaging Devices, Inv. No. 337-TA-726 (Flashpoint Technology v. Nokia, RIM, LG, HTC). Represented respondent HTC.
Portable Electronic Devices, Inv. No. 337-TA-721 (HTC v. Apple). Represented complainant HTC.
Personal Data and Mobile Communication Devices, Inv. No. 337-TA-710 (Apple and NeXT v. HTC and Nokia). Represented respondent HTC.
DC-DC Controllers and Products Containing the Same, Inv. No. 337-TA-698, (Richtek Technology v. Advanced Micro Devices, uPI Semiconductor et al.). Represented respondents MSI Corp. and Micro-Star International.
Bulk Welding Wire Containers and Components Thereof and Welding Wire, Inv. No. 337-TA-686 (Lincoln Global v. Kiswel Ltd., et al). Represented respondent Kiswel Ltd.
Personal Computers and Digital Display Devices, No. 337-TA-606 (Hewlett Packard v. Acer, Inc. et al.). Represented respondent Acer.
Semiconductor Chips with Minimized Chip Package Size, 337-TA- 605 and 337-TA-649 (Tessera v. ATI Technologies, et al.). Represented complainant Tessera.
Sucralose, No. 337-TA-604 (Tate & Lyle v. various foreign companies). Represented complainant Tate & Lyle.
Unified Communication Systems, Inv. No. 337-TA-598 (Microsoft v. Alcatel Lucent). Represented respondent Alcatel
Ink Cartridges and Components Thereof, Inv. No. 337-TA-565 (Seiko Epson Corp. Ninestar Technologies, et al.). Represented complainant Seiko Epson and its related entities.
Flash Memory Devices, 337-TA-552 (Toshiba v. Hynix), NAND Flash Memory Devices, 337-TA-553 (Hynix v. Toshiba). Represented Toshiba in both investigations.
Inkmarkers, Inv. No. 337-TA-522 (Sanford v. Ningbo Beifa, et al.). Represented respondent Ningbo Beifa in a case involving the trade dress of its ink marker products. The action was ultimately settled.
Systems for Detecting Computer Viruses/Worms, 337-TA-510 (Trend Micro v. Fortinet). Represented respondent Fortinet in both a patent action and a subsequent enforcement action commenced by Trend Micro.
Signature Capture Transaction Devices, Inv. 337-TA-504 (NCR v. Ingenico, et al.). Represented complainant NCR in an action involving allegations of patent infringement; helped NCR secure a favorable settlement.
Automated Mechanical Truck Transmission Systems, Inv. 337-TA-503 (Eaton v. ZF Meritor, et al.). Represented complainant Eaton in proceedings before the ITC, Court of International Trade, and United States Court of Appeals for the Federal Circuit
Universal Transmitters for Garage Door Openers, Inv. No. 337-TA-497 (Chamberlain v. Skylink Technologies, et al.). Represented respondent Skylink. Obtained summary determination of non-violation of the Digital Millennium Copyright Act (DMCA). The investigation was the first at the ITC to involve the DMCA.
Home Vacuum Packaging Machines, 337-TA-496 (Tilia v. The Holmes Group, et al.). Represented complainant Tilia in a fully litigated temporary relief (TEO) proceeding and thereafter secured a favorable settlement on permanent relief.
Display Controllers and Products Containing Same, 337-TA-481/491 (Enforcement) (Genesis Microchip v. MStar Semiconductor, et al.). Represented respondent MStar Semiconductor in an enforcement proceeding brought by Genesis.
Microlithographic Machines, Inv. No. 337-TA-468 (Nikon v. ASML). Represented complainant Nikon. Nikon ultimately obtained a settlement of $145 million, in resolution of the Section 337 investigation and district court litigation.
Breath Test Systems for the Detection of Gastrointestinal Disorders, Inv. No. 337-TA-495 (Meretek Diagnostics v. Oridion, et al.). Obtained Consent Orders against the respondents in an action involving medical devices.
Semiconductor Devices, Inv. No. 337-TA-472 (Toshiba v. Samsung). Represented Toshiba, with the case ending in an early settlement favorable to Toshiba.
Semiconductor Memory Devices, Inv. No. 337-TA-470 (Mosel Vitelic v. Hitachi). Represented Mosel Vitelic, with the case ending in an early settlement favorable to Mosel Vitelic.
Set Top Boxes (Interactive TV Guide), Inv. No. 337-TA-454 (Gemstar et al. v. Echostar et al.). Represented respondent Echostar against claims of infringement and in asserting a defense of patent misuse. The ITC found no violation, in favor of Echostar.
Excimer Laser Systems, Inv. No. 337-TA-419 (VISX v. Nidek). Represented respondent Nidek against charges of patent infringement related to equipment used for corrective laser eye surgery. The ITC found no violation on multiple grounds.
Disposable Cameras (Lens-Fitted-Film Packages), Inv. No. 337-TA-406 (Fuji Photo Film v. Achiever, et al.). Represented Fuji against imports from multiple sources, primarily located in China, securing a General Exclusion Order.
Hardware Logic Emulators, Inv. No. 337-TA-383 (Quickturn v. Mentor Graphics et al.). Successfully represented complainant Quickturn and obtained an Exclusion Order against Mentor.
Human Growth Hormone, Inv. No. 337-TA-358 (Genentech v. Novo Nordisk et al.). Represented complainant Genentech.
Cell Phones, Inv. No. 337-TA-297 (Motorola v. Nokia). Represented Nokia in a high-profile case involving early cell phones, securing a settlement favorable to Nokia that permitted continued imports.
DRAMs, Inv. No. 337-TA-242 (Texas Instruments v. NEC et al.). Represented respondent NEC in a case in which the ITC found no violation of Section 337 by NEC. TI and NEC eventually settled.
Optical Waveguide Fibers, Inv. No. 337-TA-189 (Corning v. Sumitomo Electric Industries). Represented respondent Sumitomo Electric. The ITC reached a determination of no violation.
Burn Beds (Fluidized Supporting Apparatus), Inv. No. 337-TA-182/188 (Support Systems Int’l v. UHI Corp.). Obtained a preliminary determination of violation for complainant Support Systems in Inv. 337-TA-182 and successfully defended against a charge of infringement by UHI in Inv. 337-TA-188. The cases settled very favorably for Support Systems.

Pharmaceutical & Medical Devices

Botulinum Toxin Products

Inv. No. 337-TA-1145 (Allergan and Medytox v. Daewoong). Representing respondent Daewoong.

Blood Cholesterol Testing Strips

Inv. No. 337-TA-1116 (Polymer Technology Systems vs. ACON). Representing complainant PTS asserting patent infringement.

Radio Frequency Micro-Needle Dermatological Treatment Devices

Inv. No. 337-TA-1112 (Syneron v. Lutronic, et. al.). Represented the Lutronic respondents against allegations of patent infringement. The investigation settled during the discovery phase.

Recombinant Factor IX Products

Inv. No. 337-TA-1066 (Bioverativ v. CSL Behring). Representing Represented complainant Bioverativ asserting patent infringement.

Devices for and Methods of Testing for Cholesterol

Inv. No. 337-TA-969 (Polymer Technology Systems, Inc. v. Infopia America LLC, Infopia Co., Ltd., and Jant Pharmacal Corp.). Represented complainant in a case alleging patent infringement. The investigation settled.

Recombinant Factor VIII Products

Inv. No. 337-TA-956 (Baxter v. Novo Nordisk). Represented respondent Novo Nordisk against claims of patent infringement. The investigation settled.

Hemostatic Products

Inv. No. 337-TA-913 (Baxter v. J&J, Ethicon, Ferrosan and PCI). Represented respondent Ferrosan in allegations of patent infringement on a medical device manufactured by Ferrosan and sold by Ethicon in the United States. The investigation was settled.

Antivenom Compositions

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.

Recombinant Human Erythropoietin

Inv. No. 337-TA-568 (Amgen vs. Roche). Represented respondent Roche against claims of patent infringement before the ITC and at the Federal Circuit. Settled after remand from the Federal Circuit.

Consumer Products

Modular LED Display Panels

Inv. No. 337-TA-1114 (Ultravision v. Lighthouse, Panasonic, et. al.) Representing the Lighthouse and Panasonic respondents against allegations of patent infringement. Investigation terminated as to our clients due to a standstill agreement.

Ink Toner Cartridges

Inv. No. 337-TA-1106 (Canon v. Aster Graphics, et al.). Represented the Aster respondents. The Commission affirmed the ALJ’s decisions granting summary determination of non-infringement, found no violation, and terminated the investigation.

LED Lighting Devices

Inv. No. 337-TA-1081 (Phillips v. WAC, et. al.) Represented the WAC respondents against allegations of patent infringement. Settled during the discovery phase.

Cell Phone Holder for Vehicles

Inv. No. 337-TA-1028 (Nite Ize v. numerous respondents). Represented complainant Nite Ize in an investigation alleging patent infringement. The Commission issued a General Exclusion Order and Limited Exclusion Orders against multiple respondents.

Certain Protective Cases for Electronic Devices and Components Thereof

Inv. 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.

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. The investigation is pending at the Commission following a remand of its no violation finding by the Federal Circuit.

Personal Transporters

Inv. No. 337-TA-935 (Segway and Deka Products v. multiple respondents). Successfully represented complainants Segway and Deka, alleging infringement of utility patents, design patent, and copyrights. Obtained a General Exclusion Order and Limited Exclusion Orders against multiple respondents.

Food Waste Disposers

Inv. No. 337-TA-838 (Emerson Electric v. Anaheim Manufacturing). Successfully represented Anaheim as a respondent against allegations of multiple unfair acts, including trade dress. Complainant withdrew its complaint after the pre-hearing conference.

Electronics, Semiconductors, Integrated Circuits

Data Transmission Devices

Inv. No. 337-TA-1150 (Data Scape v. Apple, Amazon, Verizon, et al.). Representing respondent Amazon.

Solid State Storage Drives

Inv. No. 337-TA-1097 (BiTMICRO v. Lenovo, et. al.). Represented the Lenovo respondents against allegations of patent infringement. The investigation settled just prior to the hearing.

Digital Television Set-Top Boxes,

Inv. No. 337-TA-1041 (OpenTV, et al. v. Comcast, ARRIS, et al.). Represented the Comcast respondents against allegations of patent infringement. Complainants withdrew the complaint and investigation was terminated during discovery phase.

Semiconductor Devices

Inv. No. 337-TA-1010 (Tessera v. Broadcom, et al.). Represented respondents against allegations of patent infringement. The investigation settled following a determination of no violation as to one asserted patent but before a Commission decision on review as to the other two asserted patents.

Mobile Electronic Devices Incorporating Haptics

Inv. No. 337-TA-1004 and Inv. No. 337-TA-990 (Consolidated) (Immersion v. Apple, AT&T). Represented complainant Immersion in a consolidated investigation alleging patent infringement. The investigation settled after the hearing.

Portable Electronic Devices

Inv. No. 337-TA-994 (Creative Technology v. Sony, et al.). Represented respondent Sony against allegations of patent infringement. Obtained 100-day hearing and invalidated the asserted patent under §101. The Federal Circuit affirmed.

Audio Processing Hardware

Inv. No. 337-TA-949 (Andrea vs. Conexant). Represented intervenor Conexant against claims of patent infringement in 100-day proceeding on standing and full investigation. Settled before initial determination.

Point-to-Point Network Communication Devices

Inv. No. 337-TA-892, (Straight Path IP Group v. Sony, et al.). Represented several Sony entities against claims of patent infringement involving the Sony PlayStation, television sets, smartphones, and other electronic devices. The parties settled on the eve of trial.

Integrated Circuit Chips

Inv. No. 337-TA-859 (Realtek Semiconductor Corp. v. LSI Corp. and Seagate Technology). Successfully represented LSI/Seagate in Section 337 investigation alleging patent infringement involving integrated circuits. The Commission found no violation and no domestic industry.

Audiovisual Components

Inv. No. 337-TA-837 (LSI Corp. v. Funai Electric Co., MediaTek, Realtek Semiconductor, et al.). Represented LSI/Agere against Funai and Realtek concerning audiovisual products and semiconductor chips.

Electronic Devices for Capturing and Transmitting Images

Inv. No. 337-TA-831 (Kodak v. HTC Corp., HTC America, Inc. and Apple). Successfully represented HTC in patent dispute with Kodak.

Data Storage

Magnetic Data Storage Tapes and Magnetic Tape Cartridges

Magnetic Data Storage Tapes, Inv. No. 337-TA-1012 (Fujifilm v. Sony).
Magnetic Tape Cartridges, Inv. No. 337-TA-1036 (Sony v. Fujifilm).
Magnetic Tape Cartridges, Inv. No. 337-TA-1058 (Sony v. Fujifilm).
Magnetic Tape Cartridges, Inv. No. 337-TA-1076 (Fujifilm v. Sony).
Representing Sony in a series of investigations and counter-investigations involving allegations of patent infringement.

Formatted Magnetic Data Storage Tapes

Inv. No. 337-TA-931 (ARC vs. Fujifilm, IBM, Oracle). Represented complainant ARC asserting patent infringement. Settled before hearing.

Automated Media Library Devices

Inv. No. 337-TA-746 (Overland Storage v. BDT, IBM and Dell). Represented the BDT respondents in a patent-based Section 337 investigation.

Industrial

Industrial Control System Software

Inv. No. 337-TA-1020 (Rockwell Automation v. 3S-Smart System Software, et al.). Represented complainant Rockwell in patent infringement suit. Rockwell obtained a favorable settlement agreement early in the investigation.

Carbon and Alloy Steel

Inv. No. 337-TA-1002 (U.S. Steel Corp. against the Chinese Steel Industry). Represented respondent Masteel Group against allegations of antitrust violations and false designation of origin. The Commission found no violation under both allegations.

Automatic Teller Machines

Inv. No. 337-TA-958 (Global Cash Access v. NRT Technology Corp.). Represented respondent NRT against allegations of patent infringement. Obtained favorable Markman ruling finding claim term indefinite and successfully invalidated the patent on summary determination. Complainant then withdrew the Complaint.

DC-DC Controllers and Products Containing the Same

Inv. No. 337-TA-698, (Richtek Technology v. Advanced Micro Devices, uPI Semiconductor et al): Represented Respondents MSI Corp. and Micro-Star International in a patent infringement and misappropriation of trade secrets Section 337 investigation. MSI obtained a favorable settlement agreement that included the dismissal of pending parallel and related infringement litigation.