| Representative Experience |
CopyrightRepresented Prime Time 24 Joint Venture, a satellite carrier, in defense of claims of copyright infringement arising from its retransmission of network programming to the home satellite-dish market |
CopyrightRepresented iCraveTV and TVRadio Now, Corp. in defense of claims of copyright infringement arising out of iCraveTV's Canadian Web site, which provided a television video service |
CopyrightSuccessfully represented a video production studio in defending claims based on the use of photographs of Elvis Presley in a film. We won the case on summary judgment and obtained a rare award of fees against the plaintiff. |
Copyright - Software RelatedRepresented Sybase, Inc. in a dispute with a large retail merchandise vendor concerning relational database management and related software. The matter was successfully resolved through mediation. |
Copyright - Software RelatedRepresented NationsRent, a national provider of rental equipment, in litigation involving software used at its rental locations |
Copyright - Software RelatedRepresented a major health insurer and its subsidiary HMO in litigation concerning the HMO’s development and use of point-of-service and decision-support software. The case was settled after lengthy discovery. |
Copyright - Software RelatedRetained as special counsel for software copyright matters by Automatic Tracking Systems, a vendor of loan-tracking software and services, in an arbitration held in Cleveland, Ohio. The arbitration resulted in a judgment in favor of our client. |
Copyright - Software RelatedRepresented a major health insurer and its subsidiary HMO in litigation concerning the HMO’s development and use of point-of-service and decision-support software. The case was settled after lengthy discovery. |
Patent: Ajinomoto Heartland LLC et al. v. Global Bio-Chem Technology Group Co. Ltd. et al. (Int’l Trade Comm’n) Defending Global Bio-Chem Technology Group and its affiliates in an ITC proceeding involving claims of patent infringement related to genetically engineered L-lysine and methods of production |
Patent: Biogen Idec, Inc. v. The Trustees of Columbia University in the City of New York, (D. Mass.)
Represented Biogen Idec, Inc., Genzyme Corp., and Baxter Healthcare in a suit challenging the validity and enforceability of Columbia’s patent on compositions and methods used in producing proteins by recombinant DNA technology. Shortly before trial, we obtained a royalty-free covenant not to sue from Columbia.
CATEGORIES: Patent
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Patent: C.R. Bard, Inc. v. Boston Scientific Corp. (D. Del.) Won an eight-figure jury award for Bard, including lost profits, price erosion damages, and royalties. The decision was affirmed by the Federal Circuit. 2000 WL 915241 (Fed. Cir.). |
Patent: C.R. Bard, Inc. v. United States Surgical Corporation (D. Del.)Won a jury verdict of willful infringement and a damages award in an amount greater than the defendant’s gross sales of the infringing product |
Patent: Cognex Corporation v. Electro Scientific Industries, Inc. (D. Mass.) Represented the defendant in a patent suit by Cognex Corporation involving machine vision and software algorithms, including vision algorithms for aligning surface-mounted devices on printed circuit boards. We obtained a favorable claim construction decision leading to a successful settlement. Cognex Corp. v. Electro Scientific Industries, 214 F. Supp. 2d 110, modified, 242 F. Supp. 2d 47 (D. Mass. 2003). |
Patent: Enzo Biochem, Inc. v. Becton Dickinson and Company, et al. (S.D.N.Y.)Successfully defended Becton Dickinson in a patent infringement action involving DNA probes for detection of bacterial pathogens. The district court’s decision invalidating the patent was affirmed by the Federal Circuit. Enzo Biochem, Inc., v. Gen-Probe, Inc. et al., 424 F.3d 1276 (Fed. Cir. 2005).
CATEGORIES: Patent
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Patent: Freedom Wireless, Inc. v. Boston Communications Group, Inc. (D. Mass.) Represented Boston Communications Group, Inc. and Western Wireless Corporation in defense of a patent case brought by Freedom Wireless, Inc., a licensing company that owns a portfolio of patents on prepaid wireless telecommunications. The litigation was ultimately settled, and our clients obtained licenses under the patent-in-suit. |
Patent: Fresenius Medical Care Holdings, Inc. v. Roxane Laboratories, Inc. (S.D. Ohio)Representing Fresenius in patent litigation under the Hatch-Waxman Act challenging an Abbreviated New Drug Application filed by generic manufacturer Roxane Laboratories, Inc. involving Fresenius’s patented PhosLo® brand drug for patients with end-stage renal disease. We are also defending Fresenius against an antitrust counterclaim. |
Patent: Genetics Institute, Inc. v Baxter Healthcare Corp. (D. Mass.) Represented Baxter Healthcare in a patent infringement, inventorship and contract dispute involving the manufacture of recombinant Factor VIII for treatment of Hemophilia A. The case was successfully settled before trial. |
Patent: Johns Hopkins et al. v. CellPro, Inc. (D. Del.) Won jury verdicts for Johns Hopkins University and its licensees that CellPro willfully infringed two patents on monoclonal antibodies and stem cell purification technology. The Court awarded treble damages and attorneys’ fees and entered a permanent injunction against CellPro’s infringing products. The judgments were affirmed in Johns Hopkins Univ. v. CellPro, Inc., 152 F.3d 1342 (Fed. Cir. 1998). We also defeated CellPro’s march-in petition to the NIH under the Bayh-Dole Act. |
Patent: King Controls v. KVH Industries, Inc. (D. Minn.)We are currently defending KVH Industries, Inc, a manufacturer of mobile satellite systems, in patent litigation involving satellite dish devices and methods for automatically positioning satellite dishes. We recently obtained a jury verdict invalidating the patent -in-suit. |
Patent: Massachusetts Eye and Ear Infirmary v. QLT Inc. (D. Mass.)Represented QLT in complex patent and trade secret litigation arising out of a collaboration among QLT, Massachusetts Eye and Ear Infirmary, and Massachusetts General Hospital that led to the development of photodynamic therapeutic treatment for age-related macular degeneration. We obtained a district court order correcting inventorship to add QLT’s scientist to the patent, leading to a stipulated dismissal.
CATEGORIES: Patent
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