Knobbe/Martens: Intellectual Property Law

Successes

Successes

AngleFix Tech, LLC v. Smith & Nephew, Inc.
Knobbe Martens obtained a stay pending inter partes review (IPR) on behalf of client Smith & Nephew, Inc. from the district court for the Western District of Tennessee. The motion effectively halted litigation in the patent infringement case brought by non-practicing entity, AngleFix LLC, relating to variable angle bone plates and screws for use in orthopedic surgery.  Smith & Nephew subsequently obtained a favorable settlement.

Ranbaxy Labs. Ltd. v. Vertex Pharmaceuticals, Inc.
In one of the first inter partes review (“IPR”) petitions to challenge the validity of a patent protecting a branded pharmaceutical, Knobbe Martens achieved a positive settlement for Ranbaxy. In 2012, another generic producer challenged the validity of patent claims protecting Vertex's Lexiva product for treatment of HIV-1 and was later sued by Vertex for patent infringement. Ranbaxy filed an IPR petition  challenging the same patent claims as obvious over the prior art. The PTAB granted Ranbaxy’s petition and instituted the IPR. The PTAB’s institution of the IPR, as well as the ensuing proceedings, resulted in a favorable settlement.

STAR EnviroTech, Inc. v. Redline Detection Inc.
STAR EnviroTech, Inc. designs and develops tools for testing vehicle evaporative emission control systems. We successfully defended STAR’s patent against an inter partes review (“IPR”) filed by STAR’s competitor Redline Detection, Inc. The Patent Trial and Appeal Board initially determined that Redline had demonstrated a reasonable likelihood of proving at least one of STAR’s patent claims unpatentable.  But as a result of persuasive evidence and arguments, Knobbe Martens successfully defended STAR’s patent, making its client STAR one of only a small percentage of patent holders to survive an IPR with all claims intact. In a 33-page precedential decision, the Federal Circuit affirmed the PTAB’s decision.

Dominion Dealer Solutions LLP v. AutoAlert, Inc.
A Knobbe Martens team successfully represented AutoAlert, Inc. in defeating five petitions for inter partes review (“IPR”) filed by competitor Dominion Dealer Solutions LLP challenging the validity of AutoAlert's five patents related to lead generation and data mining for automotive dealerships. The team, led by Craig Summers, Brent Babcock and David Jankowski, convinced a three-judge panel from the Patent Trial and Appeal Board (“PTAB”) to uphold the validity of all five patents because the petitions failed to establish a reasonable likelihood that any of the claims in AutoAlert’s patents were invalid.  Dominion’s requests for rehearing were also denied by the panel.  The five denials are a rare feat, considering that only about 12% of the 203 IPR petitions decided by the PTAB during 2013 were denied.  Dominion was subsequently unsuccessful in its appeals seeking to overturn the PTAB’s decisions.

Stephenson v. Game Show Network LLC
A Knobbe Martens team led by Brent Babcock and Ted Cannon successfully convinced the Patent Trial and Appeal Board to invalidate a patent that was allegedly owned by a competitor of Knobbe client Game Show Network LLC. Game Show Network was sued in 2011 by John Stephenson, founder of Multimedia Games Inc., for infringement of a patent regarding computer gaming tournaments.  The case was then stayed pending the Board’s review.  In its decision, the Board found that all 19 claims of Stephenson’s patent were invalid.  The Knobbe Martens team convinced the Board that these claims were anticipated and obvious in view of an earlier patent application.

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