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Patents

Utility
  • Infringement Defense.

    Successfully settled a utility patent and trade dress infringement lawsuit brought by Welch Allyn, Inc., a large Massachusetts medical device manufacturer, alleging utility patent and trade dress infringement against our client, a small Massachusetts medical device company concerning specula that incorporate a light and use a color coding sizing system.  Welch Allyn, Inc. V. OBP Corporation, Civil Action No. 5:14-CV-1122 (TJM/DEP) (N.D.N.Y. 2016).

  • Infringement Defense.
    Successfully settled a patent infringement suit involving the mechanical design of a pet water fountain. Pioneer Pet Product, LLC v. Felinicity, Inc., 1:13-CV-1260 (E.D. Wisc. 2014).
  • Infringement Defense.
    Settled a declaratory judgment action against a patent troll who claimed to have a valid patent relating to health care provider website interaction with patients. My Health, Inc. v. Fitango, Inc., 1:14-CV-01085 (D. Del. 2014).
  • Infringement Defense.
    Successfully represented defendant against a long-running patent infringement case filed by a non-practicing patent owner (sometimes called a "patent troll") relating to battery powered water fountain toys. After many motions, the Court granted summary judgment in our client's favor finding the patent invalid for obviousness and allowing our client to submit a bill of costs. Two Moms and a Toy, LLC v. International Playthings, LLC, 1:10-cv-02271-PAB-BNB (D. Colo. 2012).
Design
  • Infringement Defense.
    Defended national shoe wholesaler, Pagoda Trading Company, in patent infringement action. Settled. Maxwell v. Meijer, Inc., Civ. No. IP95 870 C M/A (S.D. Ind. 2003).
  • Infringement Claim.
    Successfully represented plaintiff in patent infringement and misappropriation of trade secrets lawsuit involving process for the trenchless rehabilitation of pipelines. A preliminary injunction was granted on the patent claims under the doctrine of equivalents and on four of the trade secrets claims. Insituform (Netherlands) B.V. v. Spiniello Ltd., No. 95 Civ. 5484 (C.D. Cal. 1995).
    Infringement Claim.
  • Obtained summary judgment for plaintiff in a design patent and trade dress case, including a decision which granted damages to our client. Jack Schwartz Shoes, Inc. v. Skechers USA, Inc., 233 F. Supp. 2d 512 (S.D.N.Y. 2002).
Process
  • Infringement Defense.
    Successfully settled a patent infringement action involving the game play method and board apparatus of our client’s Chinese Revolution game. James Games, Inc., v. Pressman Toy Corporation, 8:13-CV-01925 (C.D. Cal. 2014).
  • Infringement Defense.
    Successfully represented plaintiffs in this action seeking damages and injunctive relief for infringement of three U.S. patents on a method for relining and repairing existing pipelines. After a 4 week non jury trial, a judgment was entered in plaintiffs' favor awarding injunction and $3.1 million in damages. Settled before appeal. NuPipe, Inc., et al. v. J.F. Pacific Liners, Inc., No. 95 Civ. 1511 (N.D. Cal. 1998).

 

Prior results do not guarantee a similar outcome.

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