ELECTRICAL & COMPUTER SYSTEMS

The firm represented the defendant in a matter which involved numerous claims including patent, copyright and Digital Millennium Copyright Act (DMCA) infringement. The technology at issue involved complex computer data storage equipment. In this “bet the company” case, our attorneys handled numerous dispositive motions, including Markman arguments, as well as a preliminary injunction hearing and its appeal. An appeal resulted in two landmark decisions from the Federal Circuit Court of Appeals. These opinions are the only Court of Appeals decisions interpreting the Computer Maintenance Competition Assurance Act. These opinions, along with three others, are the leading opinions concerning the DMCA.

Snap-On Technologies, Inc. v. Hunter Engineering Company
A patent infringement action involving numerous patents covering automotive repair equipment. The primary focus of the case was a complex technology known as machine vision. The case settled favorably for our client after we argued the Markman hearing and summary judgment motions.

William Toy v. Scottrade, Inc.
Our attorneys represented Scottrade, Inc. in this federal patent infringement suit in which the plaintiff claimed that Scottrade infringed a U.S. patent through its online trade notification and stock alerting features. Our attorneys successfully moved to have the case bifurcated into two phases, the first on liability and invalidity issues, to be followed (if necessary) by damages and willfulness. They then prevailed on a key discovery dispute, resulting in an order from the court compelling the plaintiff to produce a series of documents strongly indicating that the patent was procured through inequitable conduct. Shortly after the plaintiff was forced to produce these key documents, the case settled on very favorable terms for Scottrade.

Datamize, LLC v. Scottrade, Inc., et al.
We represented Scottrade, Inc. in this federal patent infringement action filed in the Eastern District of Texas. Plaintiff alleged infringement of two patents by Scottrade. Scottrade asserted that the patents were invalid, based in part upon certain “prior art” publications or services/products. Our attorneys successfully settled the case shortly before trial.

The firm handled a case alleging patent infringement, tortious interference and antitrust violations and involved a mechanical patent for devices used to fill pill cards. In defense of the patent infringement claim, our attorneys submitted a summary judgment brief with a video comparing the patented invention with the alleged infringing device, showing the substantially different ways that they operated. We retained an expert from the packaging industry with a machine that predated the patent and utilized the inventive elements claimed in the patent. The case was settled for a dismissal of all claims and the plaintiff's payment of our client's sanctions award.

U-Gas, Inc. v. Teutenberg
Injunction against computer tampering and access issued in favor of our client in a case involving cyber trespass, tampering and shutdown of computer system.