Promega Corporation v. Applied Biosystems, LLC, Life Technologies Corporation, and California Institute of Technology: Judge Richard A. Posner ruled in favor of our client, Promega Corporation, in a suit that it initiated against one of its competitors. In an opinion dated June 12, 2013 from the U.S. District Court for the Northern District of Illinois, Judge Posner ruled that certain claims of U.S. Patent No. RE43,096, asserted against Promega, are invalid. Promega prevailed in its arguments that the claims of the '096 patent were invalid due to the breadth of the claim constructions that Defendants sought and obtained. Certain asserted claims were invalid for lack of written description support. While the patent describes an improvement to DNA sequencing, the breadth of the claims encompassed technologies that Caltech did not invent, including the PCR-based methods on which Promega's accused products are based. The asserted claims were additionally invalid as anticipated or obvious in view of the prior art, including a prior art patent to Caltech, which expired years ago. Judge Posner also found certain claims invalid for obviousness type double patenting. Defendants appealed various aspects of Judge Posner’s decision and the judgment. Six days after oral argument, the Federal Circuit summarily affirmed the judgment, awarding Promega a complete victory in the case.
U.S. Ethernet Innovations v. Digi International, Inc. et al.: Defense counsel for Digi International, Inc. in a patent infringement action in the Eastern District of Texas concerning Ethernet technology. Resolved on confidential terms prior to litigation.
Represented one of the world leading hearing aid manufacturers in patent litigation in the Eastern District of Texas and the District of Minnesota. The case involved technology related to adjustable null placement. A settlement was reached at a very early stage in the case.
Medafor v. Hemostasis: Represented Medafor in a patent enforcement action involving hemostatic powder technology.
Trial counsel for the Guardian ad Litem of a child in In re A.M.C. Following a three-day trial a district court granted the Guardian’s petition to terminate the parental rights of the parents' and place the child up for adoption.
Other cases include trial experience to jury verdicts in complex, multi-million dollar patent litigation in multiple forums. Technologies include medical devices and computer hardware and software.
Represented Xerox in the defense of a patent litigation lawsuit brought by U.S. Ethernet Innovations in the United States District Court for the Eastern District of Texas. The case settled after Xerox filed summary judgment and Daubert motions.