Cases
Representative Matters: Obtained summary judgment on behalf of internationally recognized card payment
financial services company dismissing multimillion dollar claim for software copyright infringement. See Micro Focus (US), Inc. et al. v. American Express Company, 1:15-cv-07438-PGG, Docket # 119, Southern District of New York, Sept. 30, 2017.
Currently representing the Commonwealth of Pennsylvania, Department of Labor
Industry in breach of contract
fraud case against International Business Machines Corp. over failed enterprise software system implementation.
Co-led successful defense of a biomedical device start-up company in parallel bet-the-company patent
trade secret litigation in the District of New Jersey
New Jersey Superior Court.
Co-led successful defense of pharmaceutical consulting company in an $18 million dollar trade secret
copyright case concerning incentive compensation reports used in the pharmaceutical industry, pending in the Eastern District of Pennsylvania.
Successfully defended leading enterprise software company
its decision-support software in a $40 million case involving a patent to object-oriented programming
relational database technology, in the Southern District of New York. Following a favorable claim construction, the district court entered summary judgment of non-infringement,
the Federal Circuit affirmed on appeal. See Microsoft Corp. v. DataTern, Inc., 1:11-cv-02365-KBF, Docket # 70, Southern District of New York, Mar. 5, 2012
SAP AG
Microsoft Corp. v. DataTern, Inc., 755 F.3d 899 (Fed. Cir. 2014).
Successfully represented commercial insurance broker in a six-year copyright infringement case against a competitor, ultimately resulting in a $18.9 million jury verdict, affirmed through two appeals to the U.S. Court of Appeals for the Third Circuit. See The Graham Company v. Thomas P. Haughey
USI MidAtlantic, Inc, 568 F.3d 425 (3d Cir. 2009)
646 F.3d 138 (3d Cir. 2011).
Successfully negotiated settlement
redesign of a hotel br
in a trade dress dispute over hotel lobby decor
design.
Defended leading enterprise software company in a five-patent case concerning machine learning
artificial intelligence technology, filed in the Eastern District of Tennessee. Case successfully settled at an early stage.
Co-led a five-patent investigation initiated by Microsoft against Barnes & Noble
its Nook e-reader software platform before the U.S. International Trade Commission, resulting in successful settlement after a one-week bench trial. In the Matter of Certain H
held Electronic Computing Devices, Related Software,
Components Thereof, Inv. No. 337-TA-769 (2011-2012).
Defended leading enterprise software company in a four-patent case concerning software development platforms
decision-support software, filed in the Eastern District of Texas. Case successfully settled at an early stage.
Successfully defended world-leading computer networking company in a patent infringement case concerning server caching technology, pending in the District of Delaware. Secured early dismissal with prejudice of all claims, with no monies paid to plaintiff.
Successfully defended leading enterprise software company in a copyright infringement dispute involving multimillion claims over the use of sales training materials, in the Eastern District of Pennsylvania. Case settled at the end of discovery on favorable terms.
Successfully represented well-known online business directory on appeal of a copyright infringement verdict to the Eleventh Circuit, in which the appeals court favorably clarified the framework for calculating statutory damages under the Copyright Act. See Yellow Pages Photos, Inc. v. Ziplocal LP
Yellow Pages Group, LLC, 795 F.3d 1255 (11th Cir. 2015).
Represented leading beverage can manufacturer on multiple successful appeals to the Federal Circuit in cases involving patents on beverage container technology. See Crown Packaging v. Rexam Beverage Can, 559 F.3d 1308 (Fed. Cir. 2009)
Crown Packaging v. Ball Metal Beverage, 635 F.3d 1373 (Fed. Cir. 2011).
Defended medical device company
tissue bank in a patent dispute over biologic tissues containing viable stem cells
osteoprogenitor cells
the case settled on favorable terms. NuVasive, Inc.
Osiris Therapeutics, Inc. v. Orthofix International N.V., et al.
Musculoskeletal Transplant Foundation, Civ. No. 10-01995 (2010-2011), District of New Jersey.
Defended medical device company Synthes in a patent infringement dispute involving polyethylene-titanium surgical implants
the case settled on favorable terms. Porex Surgical, Inc.
Porex Corporation v. Synthes USA Sales, LLC
Synthes, Inc., Civ. No. 10-00023 (2010), Northern District of Georgia.
Represented biotechnology company Centocor in a patent infringement
licensing dispute involving recombinant monoclonal antibody technology. Centocor Ortho Biotech, Inc. v. Genentech, Inc.
City of Hope National Medical Center, Civ. No. 08-03573 (2008-2009), Central District of California.
Successfully defended medical device company Cordis Corporation in an arbitration involving a doctor's claims to intellectual property rights over cardiovascular medical device technology. Dr. Juan Carlos Parodi v. Cordis Corporation, No. 50 133 T 00108 06 (2007-2009), AAA International Centre for Dispute Resolution.
Advised multiple start-ups on data acquisition, data usage,
Computer Fraud
Abuse Act issues.
