Medtronic PLC v. Masimo Corp. (IPR2016-00057) (2016). Represented Masimo in a pivotal IPR requested by Medtronic of Masimo’s U.S. Patent relating to medical signal processing. Obtained a denial to institute the IPR on the merits, preserving Masimo’s rights in this patent.
Medtronic PLC v. Masimo Corp. (IPR2016-00058) (2016). Represented Masimo in this second IPR requested by Medtronic PLC of Masimo’s U.S. Patent relating to medical signal processing. Obtained a denial to institute this IPR on the merits.
Gentherm Canada Ltd. v. IGB Automotive Ltd. (CV-11536-AJT-APP) (E.D. Mich 2016). Represented Gentherm in patent litigation against its competitor IGB Automotive for infringement of Gentherm’s important U.S. Patents. After the litigation started, IGB pursued Inter Partes Review with the patent office of many of the patents-in-suit. Preserved an important patent portfolio for Gentherm.
Select Comfort Corporation v. Gentherm, Inc. (CV-2314) (D. Minn 2015). Represented Gentherm in Declaratory Judgment action attacking Gentherm’s important U.S. Patents. Obtained stipulation to dismiss all claims and counterclaims.
IGB Automotive Ltd. v. Gentherm GmbH (IPR2014-00667) (2015). Represented Gentherm in IPR requested by IGB of all six claims in Gentherm’s U.S. Patent which relates to climate control systems for automobile seats. Prevailed in showing that all six claims were patentable over the asserted prior art.
IGB Automotive Ltd. v. Gentherm GmbH (IPR2014-00668) (2015). Represented Gentherm in IPR requested by IGB of claims in Gentherm’s U.S. Patent which relates to climate control systems for automobile seats. The Board instituted IPR on all but one of the challenged claims. The Board ultimately rejected IGB’s challenge as to seven of the claims, agreeing with Gentherm that the asserted prior art did not render the claims unpatentable.
Masimo Corp. v. Shenzhen Mindray Bio-Medical Tech. Co. Ltd. (12-cv-02206) (C.D. Cal. 2015). Successfully struck Mindray's tortious interference counterclaim, and obtained dismissal of numerous antitrust and inequitable conduct counterclaims. Defeated numerous Mindray motions.
IGB Automotive Ltd. v. Gentherm GmbH (IPR2014-00666) (2014). Represented Gentherm. IGB requested Inter Partes Review (“IPR”) of all twelve claims in Gentherm’s U.S. Patent which relates to climate control systems for automobile seats. Obtained denial of review of many claims, showing that IGB had failed to show a reasonable likelihood of proving unpatentability.
IGB Automotive Ltd. v. Gentherm GmbH (IPR2014-00663) (2014). Represented Gentherm in IPR requested by IGB of 17 claims in Gentherm’s U.S. Patent which relates to climate control systems for automobile seats. Obtained denial to institute an IPR on any of the challenged claims.
IGB Automotive Ltd. v. Gentherm GmbH (IPR2014-00664) (2014). Represented Gentherm in IPR requested by IGB of 19 claims in Gentherm’s U.S. Patent which relates to climate control systems for automobile seats. Although the Board instituted review of eight of the challenged claims, Mr. Jensen prevailed in obtaining denial to institute IPR on the remaining eleven challenged claims.
Dominion Assets LLC v. Masimo Corporation and Cercacor Laboratories, Inc. (12-cv-02773-BLF, 2014 WL 2937058) (N.D. Cal 2014). Represented Masimo and Cercacor in patent infringement action brought by Dominion Assets for infringement of U.S. Patents relating to determination of blood analytes. Obtained dismissal of case for lack of standing.
U.S. Ex. Rel Ruhe, Serwitz, and Catala v. Masimo Corporation (2:10-cv-08169-CJC-VBK, 977 F. Supp.2d 981) (C.D. Cal 2013). Defended Masimo in False Claim Act (Qui Tam) “whistleblower” case brought by former employees of Masimo. Obtained Summary Judgment in Masimo’s favor. Case affirmed on appeal.
Hygia Health Services v. Masimo Corporation (N.D. Ala 2009). Represented Masimo in declaratory judgment case involving patent, trademark, and unfair competition disputes relating to reprocessing of Masimo’s original medical products. Obtained favorable settlement and permanent injunction.
Stewart Land Group LLC v. First American Title Insurance Company (2:08-cv-00476-DB) (2008). Defended First American Title in patent infringement, breach of contract and misappropriation of trade secrets case relating to orthorectified aerial survey images. Obtained dismissal.
Ingersoll Machine Tools v. CG Tech (3:06-cv-50212) (N.D. Ill 2007). Defended CG Tech in dispute involving claims of federal unfair competition, Copyright infringement, misappropriation of trade secret, deceptive trade practices and civil conspiracy relating to machine tool simulation software. Case dismissed with prejudice.
Credit Management Services v. Fisher & Paykel Financial Services, (ICDR Arbitration 2007). ICDR arbitration in San Francisco. Defended Fisher & Paykel Financial Services in intellectual property dispute regarding credit management software. Obtained a dismissal of the entire arbitration.
HLP v. PetArk, (CV-05-0893) (C. D. Cal 2006). Represented Plaintiff in Copyright Infringement and Unfair Competition case relating to pet shelter and pet adoption management software (including payment processing), and related internet systems. Obtained preliminary injunction and subsequent favorable settlement.
Intelligent Computer Solutions, Inc. v. Voom Technologies, Inc., (CV-05-5168) (C. D. Cal 2005). Represented defendant in patent infringement action on patent directed to forensic computer storage duplication. Obtained favorable claim construction and tentative ruling of no infringement on motion for summary judgment. Case settled.
IP3 Networks, Inc. v. Nomadix, Inc., (04-CV-1485) (S.D. Cal 2004). Represented patent owner in declaratory judgment action on patents directed to software and systems for hosting Internet hot spots. Achieved favorable settlement.
Nellcor Puritan Bennett, Inc. v. Masimo Corp., 300 F.Supp.2d 923 (C.D. Cal. 2004). Established that medical device client did not infringe signal-processing patent on pulse oximeters.
Mallinckrodt, Inc. v. Masimo Corp., 254 F.Supp.2d 1140, 292 F.Supp.2d 1201, and 293 F.Supp.2d 1102 (C.D. Cal. 2003). Represented Masimo in patent infringement case related to digital signal processing in medical devices. Jury found that Masimo had not infringed one patent and found that opposing side infringed four of Masimo’s patents, and awarded $134.5M damages in favor of Masimo. Certain other patents asserted against Masimo were dismissed on summary judgment.
Lemelson Medical, Education & Research Foundation vs. RF Micro Devices et al. (CV-01-1440-PHX-ROS (D. Az, 2001). Defended RF Micro Devices in patent infringement case involving multiple patents in the area of machine vision and bar codes. Obtained favorable settlement.
RAS Holding Corp. et al v. SurgiLight, Inc., (M.D. Fla 2000). Represented defendant SurgiLight in patent infringement action involving method of treatment of presbyopia. Favorably settled
Faroudja Laboratories v. Dwin Electronics, Inc., 76 F.Supp.2d 999 (N.D. Cal 1999). Represented Plaintiff in patent infringement suit relating to video processing. Obtained favorable claim construction ruling and defeated defendants summary judgment motion of non-infringement.
Operator Services Company v. Gail F. Stradley et al., (Case No. 97-560252) (Tex. 1997). Defended telecommunications company and employee accused of misappropriation of trade secrets. Obtained Summary Judgment against plaintiff, resulting in dismissal of all claims and a judgment of costs against plaintiff.
Meade Instruments Corporation v. Merlin Controls Corporation, (C.V. 94-407) (D. Col. 1994). Represented manufacturer of telescopes regarding software control systems for telescopes, in action for misappropriation of trade secrets and related claims. Obtained temporary restraining order and stipulated permanent injunction.
Global Gaming Technology v. Trump Plaza Funding et al., (C.V. 94-2021) (D. New Jersey 1994) and IGT North America et al v. Global Gaming Technology (CV-S-94-00601-HDM) (D. Nev. 1994). Defended slot machine manufacturer accused of infringing patent relating to slot machine computer control. Succeeded in obtaining stay of original suit brought against casino customers of manufacturers in favor or later filed action brought by manufacturers in Nevada. Case dismissed against client with no finding of infringement.
Abbott Laboratories v. Pacific Biotech Inc., 19 U.S.P.Q. 2d 1678 (S.D. Cal. 1991). Established no patent infringement by manufacturer Pacific Biotech of immuno-assay test kits.
Atari Games Corp. v. Nintendo of America, Inc., (C.V. 88-4905 FMS) (N.D. Cal.). Represented video game manufacturer accused of infringing patents and copyrights in hardware and software used to lock out unlicensed video games. Obtained voluntary dismissal of one patent infringement claim, and participated in three-week jury trial on remaining patent.