In the Matter of Certain Child Carriers and Components Thereof (U.S. ITC Investigation 1154) (2020). Obtained a significant trial defense victory for the firm’s longtime client Infantino in an ITC Investigation over alleged patent infringement. In the Investigation’s Initial Determination, the ITC Administrative Law Judge found that Infantino’s accused products did not infringe the asserted patent, that the patent was invalid as anticipated and obvious, and that the patent was unenforceable due to inequitable conduct. In response to that overwhelming victory for Infantino, the patent owner LILLEbaby waived its right to petition the Commission for review of that Determination, waived its right to appeal the Determination to the Federal Circuit, and voluntarily dismissed its parallel district court case against Infantino.
Boba v. Infantino, 19-cv-00304-H-NLS, (S.D. Cal. 2019). Represented Infantino in breach of contract lawsuit relating to child carriers. Developed new counterclaims after substituting in as defense counsel, and the case settled favorably soon thereafter.
5D Tactical v. 80 Percent Arms, SA CV 18-1759-DOC (KESx); SA CV 18-0917-DOC (JCx) (C.D. Cal. 2018). Represented defendant in consolidated patent infringement lawsuits relating to mechanical jigs. Defeated applications for temporary restraining order in both lawsuits, and the cases settled favorably before discovery.
AutoAlert v. Dominion Dealer Solutions; AutoAlert v. DealerSocket, 12-01661-JLS-JPRx, 13-00657 SJO-JPRx, (C.D. Cal. 2015). Represented AutoAlert in two patent infringement lawsuits relating to lead generation software. Prevailed on claim construction disputes. Cases settled before trial.
Dominion Dealer Solutions v. AutoAlert; DealerSocket v. AutoAlert (PTAB 2013–2015). Represented patent owner AutoAlert in fourteen IPR and CBM proceedings before the Patent Trial Appeal Board relating to lead generation software. Achieved denials of six of the AIA challenges prior to institution. The instituted proceedings settled prior to the oral hearings.
The Ergo Baby Carrier v. Infantino, LLC, 2:15-cv-03229-AB-GJS (C.D. Cal. 2015). Defended Infantino against claims of patent infringement relating to child carriers. Case settled before trial.
Beauty 21 Cosmetics, Inc. v. Glam Doll, Inc. et al., 14-882-JGB-DTBx (C.D. Cal. 2015). Represented Beauty 21 in asserting trademark infringement, copyright infringement, and misappropriation of trade secrets relating to cosmetics products. Successfully defeated motion for summary judgment prior to settlement before trial.
In re Dominion Dealer Solutions, 749 F.3d 1379 (Fed. Cir. 2014). Represented Appellee AutoAlert in opposing a petition for writ of mandamus to the U.S. Patent and Trademark Office to vacate non-institution decisions and institute five inter partes review proceedings. The Federal Circuit denied the petition.
iTEK Services v. Technical Services and Logistics, et al., 12-01592-CJC-RNBx (C.D. Cal. 2014). Represented iTEK in asserting claims of trade secret misappropriation, copyright infringement, and trademark infringement. Case settled before trial.
Gunnar Optiks v. Allure Eyewear et al., 13-CV-1320-H-RBB (S.D. Cal. 2013). Represented Gunnar Optiks in patent infringement lawsuit relating to technology for computer eyewear. Case settled before trial.
MEI 3D v. Gunnar Optiks, 13-0215-SI-KAW (N.D. Cal. 2013). Defended Gunnar Optiks in patent infringement lawsuit relating to technology for 3D imaging. Case settled before trial.
Glidewell Labs. v. Keating Dental Arts, 11-1309-DOC-ANx (C.D. Cal. 2013). Defended Keating against claims of trademark infringement relating to tradenames for zirconium dental implants. Successfully opposed motion for summary judgment of infringement and received case-dispositive grant of summary judgment of noninfringement.
Kruse Technology Partnership v. Daimler, et al., 10-1066-JVS-RNBx (C.D. Cal. 2012). Represented Kruse Technology Partnership in patent infringement lawsuit relating to fuel injection strategies for internal combustion engines. Claims against several defendants settled prior to trial.
Typhoon Touch Technologies v. Dell, Inc., et. al. (E.D. Tex. 2010), 659 F.3d 1376 (Fed. Cir. 2011). Defended Toshiba against claims of patent infringement regarding portable computers with touchscreens. Obtained summary judgment of non-infringement. Federal Circuit affirmed on appeal.
Kruse Technology Partnership v. General Motors, et al., 09-4970-JVS-RNBx (C.D. Cal. 2010). Represented plaintiff in patent infringement lawsuit relating to fuel injection strategies for internal combustion engines. Obtained favorable claim constructions. Case settled before trial.
Wave Loch v. American Wave Machines, 08-cv-928-MMA-WMc (S.D. Cal. 2009). Represented Wave Loch in patent infringement lawsuit relating to artificial wave technology.
In re Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuits and Products Containing Same, Inv. No. 337-TA-666 (ITC 2009). Represented respondent Microsemi in ITC investigation relating to circuitry for flat screen power supplies.
Intamin Ltd. v. Magnetar Technologies, 2009 WL 1582919 (C.D. Cal 2009). Defended Magnetar against claims of patent infringement relating to magnetic brakes for amusement park rides. Obtained summary judgment of non-infringement, invalidity, and no recovery due to plaintiff’s unclean hands. Received a finding of an exceptional case and an award to Magnetar of its attorneys’ fees.
Kruse Technology Partnership v. Caterpillar (C.D. Cal. 2008). Represented plaintiff in patent infringement lawsuit relating to fuel injection strategies for internal combustion engines. Defeated motion for summary judgment of noninfringement and invalidity. Case settled before trial.
Boss Industries, Inc. vs. Yamaha Motor Corporation, U.S.A., 2:05-cv-422 (D. Utah 2008). Defended Yamaha against claims of patent infringement relating to personal watercraft seats. Obtained favorable claim constructions leading to summary judgment of non-infringement. Federal Circuit affirmed on appeal. 333 Fed. Appx. 531 (Fed. Cir. 2009).
Optivus et al. v. Ion Beam Applications, 469 F.3d 978 (Fed. Cir. 2006). Represented appellant Loma Linda University Medical Center in appeal of grant of summary judgment of noninfringement. Affirmed-in-part.
Jonathan Manufacturing Corp. v. Central Industrial Supply Co., 04-1365-DOC-SHx (C.D. Cal. 2006). Represented Jonathan Manufacturing in patent infringement lawsuit regarding computer server mounting technology. Obtained preliminary injunction against defendant.
In re Certain Personal Watercraft and Components Thereof, Inv. No. 337-TA-452 (ITC 2002). Counsel for patentee in ITC investigation regarding technology for personal watercraft. Case settled after four-week bench trial.
R&B Wire Products, Inc. v. Cheng Kuang Chen, et al. (S.D.N.Y. 2001). Represented R&B Wire Products in trade dress infringement lawsuit involving imported goods. Obtained TRO and seizure order.