Representative Matters for Plaintiff/Patent Holders
Representative Matters for Defendants/Accused Infringers
Articles
Newsletters
Speeches & Seminars

Representative Matters for Plaintiff/Patent Holders

Toshiba Corporation v. Wistron Corporation, Investigation No. 337-TA-705 (U.S. I.T.C. 2010). Represented Toshiba in ITC investigation (and a parallel district court action) involving patents on computer hardware and software features.  Just before trial and after defeating each summary judgment motion brought by Wistron, the case settled with Wistron paying for a license under Toshiba’s patents.

Mallinckrodt, Inc. and Nellcor Puritan Bennett, Inc. v. Masimo Corp. Represented Masimo in patent infringement lawsuit involving patents asserted by both parties related to pulse oximeter medical devices.

254 F. Supp. 2d 1140 (C.D. Cal. 2003). Successfully obtained favorable claim construction involving 11 patents.

292 F. Supp. 2d 1201 (C.D. Cal. 2003). Obtained summary judgment of noninfringement on two of Nellcor’s asserted patents.

Assisted trial team in successfully representing Masimo Corp. in a five-week jury trial obtaining $134.5 million dollar damage award.  The jury found that all four of Masimo’s asserted patents were valid and willfully infringed.  Also, successfully defended Masimo against lone patent asserted by defendants.  The appellate court affirmed the damages judgment and ordered the entry of a permanent injunction.  147 Fed.Appx. 158, 2005 WL 2139867 (Fed. Cir. 2005).

Alfa Leisure, Inc. v. King of the Road.  Represented Alfa Leisure in patent infringement lawsuit involving fifth-wheel travel trailers. 

314 F. Supp. 2d (C.D. Cal. 2004).  Successfully defended against summary judgment of unenforceability due to inequitable conduct and also, on that motion, persuaded the Court to dismiss inequitable conduct defense.

2004 WL 1375684 (C.D. Cal. 2004).  Successfully dismissed defendant's invalidity defenses.

O'Hagins, Inc. v. M5 Steel Mfg., Inc., 276 F.Supp.2d 1020 (N.D. Cal. 2003).  Represented O’Hagins in a patent infringement lawsuit involving a patent on roof ventilation devices.  Successfully dismissed competitor’s counterclaim for declaratory judgment of non-infringement of related design patents.

Wechsler v. Macke International (C.D. Cal. 2001).  Represented Wechsler in a patent litigation involving a pet watering device.  Successfully represented Wechsler at one week jury trial, where the jury found that Defendant’s infringement was willful and awarded Wechsler damages.

Representative Matters for Defendants/Accused Infringers

Bierman v. Toshiba Corp., WL No. Civ. 1004032 (Cal. Super. 2014). Represented Toshiba in its defense of a trade secret misappropriation action involving alleged software inventions in which $100 million in damages was sought and successfully achieved summary judgment based on the statute of limitations. Convinced the court that Bierman was constructively aware of the product features alleged to be the misappropriation because of widespread industry publications available beginning in 1988 and showed numerous inconsistencies in Bierman’s story.  The summary judgment order brought a successful end to a four-year litigation.

Digitech Image Technologies, LLC v. HTC America, Inc., (C.D. Cal. 2013) Represented HTC in patent infringement action related to digital image processing.  Obtained favorable dismissal.

Canatelo, LLC  v. Toshiba America, (D.P.R. 2013). Represented Toshiba America Information Systems, Inc. in a patent infringement action related to automated security camera technology.  Obtained favorable dismissal.

Ingeniador, LLC v. Vital Images, (E.D. Tex. 2012). Represented Vital Images, Inc. and Toshiba Medical Systems Corporation, Inc. in patent infringement action related to internet database technology.  Obtained favorable dismissal.

Data Carriers, LLC v. HTC America, Inc., (D. Del. 2012). Represented HTC in patent infringement action regarding autocomplete features.  Obtained favorable dismissal.

Rotatable Technologies, LLC v. HTC America, Inc., (E.D. Tex. 2012). Represented HTC in patent infringement action related to screen rotations on smartphones.  Obtained favorable dismissal. 

MOSAID Technologies, Inc v. HTC America, Inc., (D. Del. 2011). Represented HTC in a patent infringement action related to e-911 standards.  Obtained favorable dismissal. 

Typhoon Touch Technologies, Inc. v. Dell, Inc., 659 F.3d 1376 (Fed Cir. 2011). Represented manufacturers of portable computers with touch screens and obtained affirmance of judgment of no patent infringement. 

Toshiba Corporation v. Wistron Corporation, 270 F.R.D. 538 (C.D. Cal. 2010.). Represented Toshiba regarding counterclaims brought by Wistron on power management patents.  Successfully obtained dismissal of claims on these patents for lack of standing.

Guardian Media Technologies, Ltd. v. Toshiba America Consumer Products, L.L.C., 658 F.Supp.2d (S.D. Cal. 2009) and CV09-0052 (C.D. Cal. 2009).  Represented defendant Toshiba charged with infringement of patents involving methods for censoring video programs in two district courts.  Prior to this lawsuit, a significant segment of the industry had taken a license under the plaintiff’s patent.  But, after adopting Toshiba’s proposed claim construction, and prior to any substantial discovery, two district courts granted and entered judgment of noninfringement on each patent, which prevented Toshiba from paying tens of millions of dollars in royalties sought by the plaintiff.

Commonwealth Scientific and Industrial Research Organization v. Toshiba America Information Systems, Inc. et al. (E.D. Tex. 2007).  Represented Toshiba in a patent infringement lawsuit involving wireless LAN standards.  Successfully settled the case on 4th day of trial after presentation of the invalidity defense.

Linex Tech, Inc. v. Belkin Int’l, Inc. et al., 628 F.Supp.2d 703 (E.D. Texas 2008).  Represented Toshiba in a patent infringement lawsuit involving wireless networking technology.  Successfully settled the case after court ordered plaintiff to supplement its infringement contentions with specificity.

O2 Micro v. Microsemi (E.D. Tex. 2007).  Represented Microsemi in a patent infringement lawsuit involving DC/AC inverter technology.

StorMedia Texas, LLC v. Toshiba American Information Systems, Inc., et al.  (E.D. Tex. 2007).  Represented Toshiba in a patent infringement case involving hard drives.  Successfully dismissed from that case after presenting invalidity contentions.

In the Matter of CERTAIN POINT OF SALE TERMINALS AND COMPONENT PARTS THEREOF, Investigation No. 337-TA-524 (U.S.I.T.C. 2004).  Represented CyberNet, Inc. (Korea) and CyberNet USA in patent infringement investigation involving point of sale terminals at the International Trade Commission.

California Pacific Labs, Inc. v. Nalge Nunc Intern. Corp., 2003 WL 24027885 (N.D. Cal. 2003).  Represented Nalge and Apogent in a trade secrets, trade dress, trade mark, conspiracy and breach of contract case involving laboratory equipment.  Obtained summary judgment dismissing most of plaintiff’s causes of action. The case later settled.

RAS Holding Corp. et al. v. SurgiLight, Inc. (M.D. Fla. 2000).  Represented SurgiLight, Inc. in patent infringement action involving a method of treatment for presbyopia.

Articles

Co-author, "Attack on software patents in the United States," Intellectual Property and Entertainment Law, Newsletter of the International Bar Association Legal Practice Division, Vol. 7 Issue 1 (September 2015).

Co-author, "Another Reason to Coordinate Discovery in Parallel Litigation – Circumvention in Section 1782 Requests," International Litigation News, Newsletter of the International Bar Association Legal Practice Division (April 2013)

Author, “Ten Steps in Analyzing Patent Infringement,” ExecSense, E-book available on Amazon.com (February 6, 2013)

Co-author, "The Heightened Domestic-Industry Standard for NPEs", Intellectual Property Litigation Newsletter, American Bar Association Section of Litigation, Summer 2012, Vol. 23 No. 4 (September 2012)

Co-author, “What Medical Device Companies Need to Know about Intellectual Property”, Medical Electronic Device Solutions (MEDS) Magazine (August 2012)

Co-author, "Be careful what you write: attorney-client privilege for international businesses," International Litigation News, Newsletter of the International Bar Association Legal Practice Division (May 2012)

"The Supreme Court reigns in states' aggressive assertion of personal jurisdiction," North American Regional Forum News, Newsletter of the International Bar Association Legal Practice Division (May 2012)

Co-author, “An Overview of U.S. Patent Litigation for Canadians,” 28 Canadian Intellectual Property Review 1, 2012

“The U.S. Patent Litigation Process,” IP Osgoode (December 2010)

“Parent/Subsidiary Liability Issues in Patent Litigation,” ABA Intellectual Property Litigation, Vol. 21, No. 2 (Winter 2010)

"The Supreme Court Takes on Patent Law,"  SideBar,  Federal Litigation Section of the Federal Bar Association (Summer 2007)

"A Supreme End to Patent Trolls?" Orange County Lawyer, The Orange County Bar Association (August 2007)

Co-authored brief for the AIPLA as amicus curiae in Microsoft Corp. v. AT&T Corp. before the Supreme Court of the United States (2007)

“Possible U.S. patent reforms set to have significant impact,” Indus Business Journal (June 2005)

“Patents need to be protected but maybe not ‘at all costs’,” Indus Business Journal (August 2004)

“Surprise! Legal wrangling hinges around dictionary definition,” Indus Business Journal (November 2003)

Trademark and Federal Circuit Review Newsletters

For all issues of the Federal Circuit and Trademark Review Newsletters dating back to May 2012, please click here.

Speeches & Seminars

Panelist on “Anti-NPE Laws - How recent Case Law, the FTC NPE survey, and the newly proposed Innovation Act affect the Enforcement & Valuation of Patents” at a joint Orange County Patent Law Association (OCPLA) and AIPLA event in Irvine, CA (January 2014).

Presented at the “Intellectual Property Seminar for Executives and IP Managers" in Tokyo, Japan (November 2013).

Presented on “eDiscovery and IP Litigation" in Seoul, South Korea (November 2013).

Presented on "Strategies to Handle U.S. Litigations" in Hsinchu and Taipei, Taiwan (September 2013).

Presented on "Recent Trends in U.S. Patent Litigation - Litigation involving Standard Essential Patents (SEP) - from Non-Practicing Entities to Practicing Entities" in Tokyo, Japan (April 2013).

Presented on "Strategies Relating to Preissuance Submission, Post-grant Review and Inter Partes Review" for the Benrishi Kai (Patent Attorney Association of Japan) in Tokyo, Japan (December 2012).

Presented on "Strategies for Taking Advantage of the America Invents Act, Resolving the Tension Between Patentable Subject Matter & Joint Infringement" in Tokyo, Japan (October 2012).

Panelist on “Successful Medical Device Development” at Medical Electronic Device Solutions Conference, San Diego, CA (August 2012).

Presented on "Developments in ITC Litigation - An Overview For Japanese Companies," UBIC hosted seminar, Tokyo, Japan (April 2012).

Lectured on “U.S. Patent Litigation” as part of a three part seminar in Tokyo for the Patent Attorney Kai organization (2011).

Lectured on “Personal Jurisdiction issues for Japanese Companies” and “ITC litigation” in Tokyo as part of seminar on US IP law (2011).

Lectured on “Practical Tips on Enforcing and Defending Patents:  Trial and Post-Trial Matters” at the American Bar Association – Section of Intellectual Property Law Summer Conference, June 21, 2005.

Lecturer on “Patent Enforcement” for the “Understanding Intellectual Property Law for the High Technology Industry” course offered by University of California at Irvine.

Speaking

Ms. Holland has spoken extensively in the field of trademark and copyright law, including seminars sponsored by INTA, OCTANe Venture Capital, the Society of Cosmetic Chemists, law firms in Germany and England, the Orange County Patent Law Association, the Orange County Bar Association, the Orange County Business Journal, the San Diego Business Journal, and the Advertising Production Association of Orange County.  She has been a guest on the radio program “Southern California Business Focus” where she discussed basic copyright issues.

Teaching

Ms. Holland has taught several courses in, and served as an adjunct professor of, intellectual property at several institutions, including: USC Business School for foreign corporations wanting to do business in the U.S.; USC Law School; UC Irvine; UC Riverside; Chapman University; and OC Community College

Publications

"To Tweet or Not to Tweet: Social Media and Intellectual Property Issues,"Orange County Business Journal, October 2015

Quoted in "Condoms may be key to ‘.sucks’ trademark success, lawyers claim," World Intellectual Property Review (WIPR), July 2015

"Managing Intellectual Property Assets,” California Business Law Practitioner, Fall 2014

"Clearing marks in the U.S.: What European practitioners need to know,” 9th Annual Taylor Wessing Brands Forum, London, England, March 2013

“More Than a Brand Name – Monetizing the Unique Aspects of Your Company and Your Products to Increase your Bottom Line,”  Orange County Business Journal,  November 2012

Contributing thoughts to "The Avengers face a new adversary: trademark professionals", a blog post on World Trademark Review, September 2012

"Domain Name Mania - Managing the Mayhem" Orange County Lawyer Magazine, July 2009

“Managing Intellectual Property Assets,” Chapter 1 in the multi-volume treatise Intellectual Property in Business Transactions published by the California Continuing Education of the Bar, 2008 - 2014

Legal Guide to Intellectual Property, a book published by Entrepreneur Press, 2007

“What Is A Copyright” Orange County Business Journal

Christopher M. DiLeo, Invited Speaker, Intellectual Property Workshop, FAB Authority/Fashion Week SD, July 16, 2015. 

Christopher M. DiLeo, Guest Lecturer, Computer and Software Law, UCSD Extension, Mar. 10, 2015. 

Christopher M. DiLeo, Globalization and Direct Infringement, Knobbe Martens Olson & Bear LLP, Dec. 5 and 12, 2014.

Christopher M. DiLeo, How Much is Enough? Patent Pleading Sufficiency under Form 18, Knobbe Martens Olson & Bear LLP, May 24 and 31, 2013.

Christopher M. DiLeo, Making Sense of Therasense, Knobbe Martens Olson & Bear LLP, Mar. 2 and 9, 2012.

Kerry S. Taylor & Christopher M. DiLeo, A Closer Look at the America Invents Act, IP Professionals Connection, Dec. 8, 2011.

Christopher M. DiLeo, Case Reviews: Classen Immunotherapies, Inc. v. Biogen IDEC, No. 2006-1634,-1649 (Fed. Cir. Aug. 31, 2011) and Board of Trustees, Stanford Univ. v. Roche Molecular Sys., Inc., No. 09-1159 (U.S. June 6, 2011), Knobbe Martens Olson & Bear LLP, Sept. 30 and Oct. 7, 2011.

Kathleen R. Mekjian & Christopher M. DiLeo, Crowdsourcing and Patent Reform – Steps Toward a Participatory Examination Process, Int’l Bar Ass’n Convergence (Sept. 2011).

John M. Carson & Christopher M. DiLeo, Funai Electric Co. v Daewoo Electronics Corp., 2011 E.I.P.R. 126 (2011).

Paul A. Stewart, Christopher M. DiLeo, and Wendy K. Peterson, Are You Engaging in the Unauthorized Practice of Law in Other States?, Orange County Bar Ass'n (Feb. 2011).

Christopher M. DiLeo, Case Reviews: Visa Int’l Service Ass’n v. JSL Corp., 95 U.S.P.Q.2d 1571 (9th Cir 2010) and Shell Co. (Puerto Rico) Ltd. v. Los Frailes Service Station Inc., 95 U.S.P.Q.2d 1539 (1st Cir 2010), Knobbe Martens Olson & Bear LLP, Dec. 10 and 17, 2010.

Christopher DiLeo, Comment, Bazaar Transnational Drafting: An Analysis of the GNU General Public License Version Three Revision Process, 10 San Diego Int’l L.J. 193 (2008).

Christopher DiLeo& John Rieffel, Evolving Optimal Histogram Parameters for Object Recognition, 3837 Proc. Int’l Soc’y for Optical Engineering 194 (1999).

Articles, Speeches & Seminars

Co-author, “News Section: National Reports (USA)”, Case Comment, European Intellectual Property Review, Vol. 21, Issue 8 (August 1999).

Representative Matters

Masimo Corp. v. Philips Electronics (D. Del.): successfully represented plaintiff patent holder in obtaining $466 million jury verdict in patent case involving medical device software and obtaining judgment that plaintiff did not infringe competitor patent.

TiVo v. EchoStar Corp. (E.D. Tex.): in one of the first patent cases to go to trial in the Eastern District of Texas, successfully obtained over $74 million jury verdict for plaintiff patent holder on patent for DVR technology.

Kinetic Technologies v. Skyworks Solutions (P.T.A.B.): successfully defended patent owner by protecting all claims in all challenged patents relating to integrated circuits by defeating three separate IPR petitions.

Affinity Labs of Texas v. Alpine Electronics et al. (E.D. Tex.): successfully represented defendant in patent case involving automobile GPS navigation units; case settled favorably before trial.

Nobel Biocare v. Materialise Dental (C.D. Cal.): successfully represented defendant in obtaining early summary judgment of non-infringement in patent case involving dental implant software.

Treasure Garden v. Lancer and Loader et al. (C.D. Cal.): successfully represented plaintiff patent holder in obtaining permanent injunction against national retailer and supplier.

Articles and Speeches

Speaker, Patent Resources Group Advanced Courses: Federal Circuit Law, Santa Ana Pueblo, NM (Oct. 2015).

Speaker, Patent Resources Group Advanced Courses: Federal Circuit Law, Orlando, FL (Apr. 2015).

Armond, Summers, “Recent Trends in Damages and Injunctive Relief in Patent Cases – Overview of the Apple v. Samsung Litigation,”  Tokyo Conference Centre Shinagawa, Tokyo (Apr. 2013).

Armond, Adolphs, Caltech in Orange County Lecture Series: “The Final Frontier: Understanding the Human Brain,” Irvine, CA (Apr. 2013).

Armond, Milkovich; Caltech in Orange County Lecture Series: “Mars Science Laboratory: Recent Activities of the Curiosity Rover,” Irvine, CA (Oct. 2012).

Armond, Schneider; Caltech in Orange County Lecture Series: “The Science of Climate: Facts, Physics, Forecasts,” Irvine, CA (May 2012).

Panelist, "I Didn't Do It: Exploring the Landscape of Divided Infringement in Patent Enforcement," UC Berkeley School of Law, Berkeley, CA (Feb. 2012).

Speaker, Special Session for the Presentation of the Portrait of Circuit Judge Richard Linn, United States Court of Appeals for the Federal Circuit, Washington D.C., 652 F.3d i (June 10, 2011).

Panelist, "Perspectives on KSR, MedImmune, Seagate, and McKesson," UC Berkeley School of Law, Berkeley, CA (Feb. 2009)

Panelist, "Medmmune and SanDisk: Seeking a License Without Getting a Lawsuit,” Fourth Annual Federal Circuit Roundtable Discussion, Chicago-Kent School of Law, Chicago (Sept. 2007).

Author, Introducing the Defense of Independent Invention to Motions for Preliminary Injunctions in Patent Infringement Lawsuits, 91 Cal. L. Rev. 117 (2003).

Author, State Internet Regulation and the Dormant Commerce Clause, 17 Berkeley Tech. L.J. 379 (2002).

Representative Matters

Ms. Natland has been involved in the following litigation cases, amongst others:

Victoria’s Secret Stores Brand Management, Inc. v. Urban Decay Cosmetics, 2:12-cv-00693-GLF-MRA(2012). Represented Defendant and Counter Claimant, Urban Decay Cosmetics, in connection with declaratory judgment suit involving the NAKED mark. Case settled favorably for client resulting in complete phase-out of accused Victoria’s Secret product.

Broadcom Corp. v. BroadVoice, Inc., SACV05-431 DOC (2005).  Represented Plaintiff, Broadcom Corporation, in trademark infringement suit. Case settled favorably for client.

Ms. Natland’s Trademark Trial and Appeal Board (TTAB) experience is extensive, with some highlights noted below:

Ms. Natland successfully represented My Horse Player, Inc. in an ex parte proceeding before the Trademark Trial and Appeal Board, in which the Board's decision on appeal reversed the Examining Attorney by finding that MY HORSE PLAYER is not descriptive and is registrable on the Principal Register (TTAB 2008).

Ms. Natland successfully represented Hurley International LLC as Plaintiff in a precedential decision from the Trademark Trial and Appeal Board, finding on summary judgment that the Defendants had committed fraud on the USPTO. Hurley International LLC v. Volta 82 USPQ2d 1339 (TTAB 2007).  Listed by Allen’s Trademark Digest as one of the top ten trademark cases before the TTAB in 2007.

Ms. Natland successfully represented Jose Remacle in a precedential decision from the Trademark Trial and Appeal Board, reversing the Examining Attorney and finding that the mark BIO-CD is not descriptive and is registrable on the Principal Register. In re Remacle 66 USPQ2d 1222 (TTAB 2002).

Speeches & Seminars

Ms. Natland has spoken extensively on topics related to trademark and Internet law, including:

Guest Lecturer, Chapman School of Law (Music and Entertainment Law) (2015)

Panelist, Chapman Entertainment and Sports Law Symposium, Chapman Law School (2015)

The Intersection of False Advertising Claims and the FDCA, OCBA Entertainment and Sports Section (2015)

Scams, Schemes, and Spoofs: Online Brand Protection, American Corporate Counsel (ACC) (2015)

The Intersection of False Advertising Claims and the FDCA, American Corporate Counsel (ACC) (2014)

Avoiding False Advertising & Unfair Competition, IP Impact Silicon Valley - Trademark Seminar (2013)

Financing of Litigation in Trademark Actions, International Trademark Association (INTA) Annual Meeting (2013)

Silver Linings Playbook: Best Practices in Trademark Clearance and Selection, American Corporate Counsel (ACC) (2013)

Swimming with Piranhas: Avoiding Trade Secret Misappropriation, False Advertising & Unfair Competition Claims, American Corporate Counsel Association (ACC) (2013)

Soarin' Over Your Trademarks: Keys to Monetizing Your Brands, American Corporate Counsel Association (ACC) (2012)

Navigating the Murky Waters of the New Top Level Domain Name Launch (ACC) (2012)

Trademark and Copyright Clearance Scenarios: A Lawyer's Day at the Happiest Place on Earth.... American Corporate Counsel Association (ACC) (2011)

Trademarks in Sports: Ambush Marketing, International Trademark Association (INTA) Annual Meeting (2011)

Keywords and Trademarks, American Corporate Counsel Association (ACC) (2010)

Brand Power:  How to Develop and Protect a Profitable Brand, The Entrepreneurship Institute's Presidents' Forum (2007) (panelist)

Careers in Trademark Law, International Trademark Association Annual Meeting (INTA) (2006)

Brand Searching and Clearance in the Internet Age, International Trademark Association (INTA) Annual Meeting (2005) 

Trademark Trial and Appeal Board Practices, Practicing Law Institute (2004)

Trademark Year in Review, OCPLA/SDIPLA Spring Seminar (2003)

Trademarks and the Internet, National Association of Legal Secretaries (2003)

Dilution and the Victoria’s Secret Case, Orange County Paralegal Association (2003)

Articles

In addition, Ms. Natland has published numerous articles related to copyright, trademark and Internet law, including:

Susan Natland and Jessica Sganga, GoDaddy victorious in dispute over OSCARS and ACADEMY AWARDS marks, World Trademark Review, September 2015

Nuisance Repeat Filing Resolution: An Interview with the Enforcement Committee, INTA Bulletin, April 2015

Tacking isn't tacky - narrow doctrine saves defendant, World Trademark Review, January 2014

SPI in high spirits after suit against STOLI marks is dismissed for lack of standing, World Trademark Review, September 2013

No shades of grey: TTAB finds "white" deceptive for black tea, World Trademark Review, April 2013

Madrid Protocol registrations not insulated from petition to cancel based on abandonment, World Trademark Review, October 2012

Advertising at the Olympics - Let the Games Begin!, Convergence (an International Bar Association publication), Orange County Business Journal and Law360, July 2012

Ninth Circuit recognizes protectable trade dress for skull-shaped vodka bottle, World Trademark Review, June 2012

Time to Review – Achieving Best Practices in Trademark Audits, World Trademark Review, March 2012

Mark for Coffee House Likely to Cause Confusion with Coffee Certification Mark, World Trademark Review, March 2012

Nearly $300,000 awarded to plaintiff in keyword case against competitor, World Trademark Review, February 2011

Eighth Circuit: actual confusion is not a prerequisite to monetary relief, World Trademark Review, January 2011

Common U.S. Marines Slogan Remains in Public Domain, World Trademark Review, October 2010

Use of Identical Mark is Circumstantial Evidence of Dilution, World Trademark Review, July 2010

A TTAB Finds Mark Disparaging For Use with Wine, World Trademark Review, April 2010

Plaintiff Has Its Cake, May Not Eat It Too, World Trademark Review, December 2009

Trademark “Squatter” Enjoined From Using JAPONAIS Mark, World Trademark Review, September 2009

Eight-year delay bars claim that REDSKINS mark disparages Native American, World Trademark Review, July 2009

Heartbrand beefs with Yahoo!, World Trademark Review, May 2009 

Hershey Garners Sweet Victory Against Furniture Company, World Trademark Review, December 2008

Hobbit Sleeps on Rights, Says Court, World Trademark Review, August 2008

Google’s Motion to Dismiss AdSense Complaint Rejected, World Trademark Law Report, July 2008

Focus on Fraud: Still Treacherous Territory in the U.S., INTA Bulletin, June 2008

The Importance of Trademark Audits, INTA Bulletin, March 2008

HOT WHEELS summary judgment spins out in Ninth, World Trademark Law Report, 2007

TTAB applies more lenient Section 2(d) test in FIRST NIAGARA, World Trademark Law Report, July 2007

Trademark Management: The Whole Truth and Nothing But the Truth, World Trademark Review, April 2007

Jonathan Livingston Seagull Claims Survive Summary Judgment Motion, World Trademark Law Report, April 11, 2007

Trademark Audits – what you need to know, World Trademark Review, May 2006

LAWYERS.COM Generic for Online Legal Database, World Trademark Law Report, March 2, 2006

No Second Bite of the Apple for SNAP Mark Owner, World Trademark Report, December 14, 2005

Infamous Mustang Ranch Name Still Up in the Air, World Trademark Report, September 9, 2005

Brand Searching and Clearance in the Internet Age (contributing author), International Trademark Association, May 18, 2005

Duck Quacking Sound Mark Shot Down by District Court, World Trademark Law Report, April 26, 2005

Nissan Dilution Case Driven Back to the District Court, World Trademark Law Report, October 7, 2004

No New Home for Disputed ‘TahoeLuxuryProperties’ Domain Name, World Trademark Law Report, July 12, 2004

Master Card’s ‘Priceless’ Ads Not Infringed by Political Broadcasts, World Trademark Law Report, April 6, 2004

Fake Gucci Bags Too Good to Recall, World Trademark Law Report, February 12, 2004

MBNA Forfeits MONTANA SERIES and PHILADELPHIA CARD, World Trademark Law Report, November 19, 2003

Default Respondent Prevails in UDRP Action, World Trademark Law Report, September 17, 2003

In Re MBNA America Bank, N.A., Federal Circuit Case Digest, September 2003

In Re The Boulevard Entertainment, Inc., Federal Circuit Case Digest, August 2003

Enterprise Rent-A-Car Company v. Advantage Rent-A-Car, Inc., Federal Circuit Case

Inter Partes Review Proceedings

Game Show Network, LLC v. Stephenson (IPR 2013-00289)

Ranbaxy Labs. Ltd. & Ranbaxy Inc. v. Vertex Pharms., Inc. (IPR2013-00024)

Redline Detection, LLC v. STAR EnviroTech, Inc. (IPR2013-00106)

Dominion Dealer Solutions, LLC. v. AutoAlert, Inc. (IPR2013-00220)

Dominion Dealer Solutions, LLC. v. AutoAlert, Inc.(IPR2013-00222)

Dominion Dealer Solutions, LLC. v. AutoAlert, Inc. (IPR2013-00223)

Dominion Dealer Solutions, LLC. v. AutoAlert, Inc.(IPR2013-00224)

Dominion Dealer Solutions, LLC. v. AutoAlert, Inc. (IPR2013-00225)

Game Show Network, LLC & WorldWinner.com, Inc. v. Stephenson (IPR2013-00289)

Gatekeeper Sys., Inc. v. Dane Techs., Inc. (IPR2013-00305)

Gatekeeper Sys., Inc. v. Dane Techs., Inc. (IPR2013-00338)

Litigation

Kathrein-Werke KG v. Radiacion Y Microondas S.A., 2011 U.S. Dist. LEXIS 113778 (N.D. Ill. Sept. 26, 2011)

Kinetic Concepts, Inc. v. Bluesky Medical Corp., 2010 U.S. Dist. LEXIS 143923 (W.D. Tex. Oct. 18, 2010)

Kathrein-Werke KG v. Radiacion Y Microondas S.A., 2010 U.S. Dist. LEXIS 50468 (N.D. Ill. May 17, 2010)

Kinetic Concepts, Inc. v. Blue Sky Medical Group, Inc., 554 F.3d 1010 (Fed. Cir. 2009)

Kinetic Concepts, Inc. v. Bluesky Medical Group, Inc., 2008 U.S. Dist. LEXIS 2900 (E.D. Tex. Jan. 14, 2008)

Cimcore Corp. v. Faro Techs., Inc., 2007 U.S. Dist. LEXIS 17936, 2007 WL 935665 (S.D. Cal. March 12, 2007)

Faro Techs., Inc. v. Cimcore Corp., 2006 U.S. Dist. LEXIS 23745, 2006 WL 1119223 (M.D. Fla. Apr. 27, 2006)

Custom Teleconnect, Inc. v. International Tele-Services, Inc., 254 F. Supp. 2d 1173 (D. Nev. 2003)

General Creation LLC v. LeapFrog Enters., Inc., 232 F. Supp. 2d 661 (W.D. Va. 2002)

Jam Strait, Inc. v. American Products Co., 2002 U.S. Dist. LEXIS 18956 (E.D. La. Oct. 4, 2002)

General Creation LLC v. LeapFrog Enters., Inc., 192 F. Supp. 2d 503 (W.D. Va. 2002)

Flex-Foot, Inc. v. CRP, Inc., 238 F.3d 1362, 57 U.S.P.Q.2d 1635 (Fed. Cir. 2001)

Phoenix Displays, Inc. v. Burke Display Sys., Inc., 250 F.3d 760 (Fed. Cir. 2000) (unpub. table)

Smith+Noble L.L.C. v. South Jersey Vinyl Inc., 47 U.S.P.Q.2d 1944 (C.D. Cal. 1998)

Forte Techs., Inc. v. Victormaxx Techs., Inc., 1996 U.S. Dist. LEXIS 6741 (W.D.N.Y. Jan. 18, 1996)

Interferences

Yorkey v. Diab, 466 Fed. Appx. 907 (Fed. Cir. 2012) (unpub. table) (Interference No. 105,471)

Yorkey v. Diab, 601 F.3d 1279 (Fed. Cir. 2010) (Interference No. 105,477)

Yorkey v. Diab, 605 F.3d 1297 (Fed. Cir. 2010) (Interference No. 105,471)

Lowy v. Frazer, 75 U.S.P.Q.2d 1797 (Bd. Pat. App. & Int. 2004)

Rose v. Frazer, 2001 Pat. App. LEXIS 43 (Bd. Pat. App. & Int. 2001) (unpub.) (identical to order entered in Lowy v. Frazer, Int’f No. 104,775)

Bronshtein v. Roser, 61 U.S.P.Q.2d 1738 (Bd. Pat. App. & Int. 2001) (unpub.)

Bronshtein v. Roser, 61 U.S.P.Q.2d 1742 (Bd. Pat. App. & Int. 2001) (unpub.)

Speeches & Seminars

Panelist, "USPTO and Plain Meaning of Terms" Webinar, Intellectual Property Owners Association (May 2015)

Presenter, "2014 Patent Update for Medical Device Companies - USPTO Post-Grant Proceedings: Lessons Learned After 2 Years," IN3 Medical Device Summit, San Francisco (November 2014)

Panelist, "Understanding New Proceedings for Challenging Patent Validity,” 2013 Patent Disputes Forum, November 2013 (Santa Clara, CA)

Panelist, "Important Developments in Intellectual Property and How They Impact Your Business," IP Impact - Silicon Valley, September 2013 (Palo Alto, CA)

Panelist, "Post-Grant Proceedings under the America Invents Act," Los Angeles Intellectual Property Law Association (LAIPLA) “Washington in the West” Conference, January 2013 (Los Angeles, CA)

Panelist, "Dealing Strategically with the America Invents Act," IP Impact - Silicon Valley, September 2012 (Palo Alto, CA)

Panelist, "Strategic Implications of the America Invents Act," IP Impact - Silicon Valley, October 2011 (Menlo Park, CA)

Speeches & Seminars

Panelist, "Protecting and Enforcing Your High Technology Intellectual Property," Knobbe Martens Hosted Webinar Series (April 17, 2014).

Co-presenter, "Magnifying Your IP IQ: Topics for the Savvy Intellectual Property Manager," Intermediate Workshop at SPIE Photonics West Conference (February 2012 and 2013).

Representative Patent Matters

Silver State Intellectual Technologies, Inc. v Apple Inc., Civil Action No. 13 CV 0957 (D. Nev.).  Represented plaintiff asserting patents in the field of graphical user interface design for communications and navigation functions found in smartphones and tablets.  Case settled successfully without litigation.

Oasis Research, LLC v. Pro Softnet Corp.,et al., Civil Action No. 4:10 CV 435 (E.D. Tex.).  Represented defendant accused of infringing patents in the field of remote data storage and computer backup, in the Sherman Division of the Eastern District of Texas.  Asserted patents ultimately held invalid by a Texas jury for failure to name co-inventors.

The Laryngeal Mask Company Ltd., et al. v. Ambu A/S, et al., Civil Action No. 07 CV 1988 (S.D. Cal). Represented plaintiff asserting patent in field of laryngeal mask airway devices, a medical device used to administer anesthesia gases and establish an airway in unconscious patients. Obtained disqualification of initial defense counsel. Case settled successfully after appeal to the Federal Circuit. Published decisions at 2008 U.S. Dist. Lexis 15320 (S.D. Cal 2008); 618 F.3d 1367 (Fed. Cir. 2010).

Golden Hour Data Systems, Inc. v. emsCharts, Inc., et al., Civil Action No. 06 CV 381 (E.D. Tex.). Obtained $3.5 million jury verdict on behalf of San Diego-based Golden Hour Data Systems in patent case involving computerized integrated data management services for the emergency medical services industry.  Brought case before Judge T. John Ward in the Eastern District of Texas.

American Calcar v. BMW of North America, Civil Action No. 04 CV 0614 (S.D. Cal.) Represented plaintiff asserting multiple patents in the areas of car/driver graphical user interfaces, telematics and navigation systems – defendant took a license under the asserted patents and the case settled before trial.

Raytheon v. Overland Storage, et al., Civil Action No. 03 CV 013 (E.D. Tex.).  Defended manufacturer of mass data storage products against patent infringement claim brought in the Eastern District of Texas (Judge T. John Ward).  After filing summary judgment motion, plaintiff offered full license at nominal cost and case settled.

Hewlett-Packard v. Mustek, Civil Action No. 99 CV 0351 (S.D. Cal.).  Represented defendant against five asserted HP patents in the field of image scanning — obtained complete defense victory after jury trial and appeal.  Published decision at 340 F.3d 1314 (Fed. Cir. 2003).

Flex Products v. Advantage Sealing Systems, Civil Action No. 00 CV 0231 (S.D. Cal.).  Represented plaintiff asserting patents in the field of rubberized asphalt compositions – obtained preliminary injunction that was affirmed on appeal – defendant took a license under the asserted patents.

Farnbach v. Hewlett-Packard, Civil Action No. 99 CV 0884 (S.D. Cal.).  Represented plaintiff inventor asserting patents covering oscilloscope trigger circuits – successfully settled case with defendant taking a license under the asserted patent.

Millennium v. Cardiff Software, Civil Action No. 99 CV 1577 (S.D.N.Y.).  Represented defendant software company against four asserted patents in the field of electronic forms and data entry systems – successfully settled case allowing defendant to continue selling accused products.

Representative Trademark Matters

Eagle Precision Technologies, Inc., et al., v. Eaton Leonard Robolix, Inc., Civil Action No. 03 CV 352 (S.D. Cal.).  Represented defendant in complex contractual trademark dispute over use of the “Eaton Leonard” name and trademark for computer controlled tube bending equipment.  Successfully defended client’s continued use of its name and trademark and favorably settled case.

Creative Labs v. Mad Dog Multimedia, Civil Action No. C02-04575 (N.D. Cal.).  Defended client against motion for temporary restraining order and product recall alleging trademark/trade dress infringement and false advertising in connection with computer sound cards.  Published decision at 66 U.S.P.Q.2d 1625.

Polaris Pool Systems v. Letro Products, Civil Action No. 94 CV 7747 (C.D. Cal.).  Represented plaintiff in jury trial asserting registered trade dress of automatic swimming pool cleaners – obtained infringement verdict against defendant and permanent injunction.

Helix Technology v. Overland Data, Civil Action No. 98 CV 11292 (D. Mass.).  Represented defendant in trademark case involving technical service programs – obtained partial summary judgment against plaintiff – settlement allowed client to continue use of mark.

Yoder Brothers v. GroLink Plant, Civil Action No. 01 CV 2308 (N.D. Ohio).  Represented trademark owner in declaratory judgment action involving asexually reproduced plants – infringer agreed to stop using client’s mark and case settled.

Articles

“New Eastern District of Texas Procedures Aim to Curb Nuisance Value Lawsuits," published in SideBAR quarterly newsletter of the Federal Litigation Section of the Federal Bar Association, Summer 2011 (with Nick Transier).

“Licensing After MedImmune v. Genentech,” presented to the San Diego Chapter of the Licensing Executives Society, Summer 2007.

“Southern District Rolls Out New Patent Local Rules,” published in the Association of Business Trial Lawyers – San Diego (ABTL) Report, Fall 2006 (with Joe Reisman).

Speeches & Seminars

"The Future of Patent Law Remedies," co-panelist at the Third Annual USD Patent Law Conference, January 2013.

“Enablement Requirements for Computer-Based Systems,” presented to the San Diego Intellectual Property Association, Fall 2005.

“Practical Tips on Enforcing and Defending Patents: Pre-Litigation Matters,” presented at the Intellectual Property Law Annual Summer Conference of the ABA, June 2003.

“Motion Practice in Patent Cases,” presented to the Intellectual Property Law Section of the San Diego County Bar Association, November 2000.

Wilson, J., Bhargava V., et al., “A Wireless Sensor Network and Incident Command Interface for Urban Firefighting,” Proc. 2007 4th Ann. Int’l Conf. on Mobile & Ubiquitous Sys.: Computing, Networking & Services, Philadelphia, PA, Aug. 6-10, 2007.

Representative Matters

Dominion Dealer Solutions v. AutoAlert, Counsel for patentee in Patent Trial Appeal Board proceedings. Prepared preliminary patent owner responses to five petitions seeking the institution of inter partes reviews.  The PTAB denied all five petitions.

Glidewell Labs. v. Keating Dental Arts, Counsel for accused infringer in trademark infringement lawsuit. Obtained summary judgment of no infringement.

Intamin, Ltd. v. Magnetar Technologies, Inc., Counsel for accused infringer in patent litigation regarding magnetic braking technology.  483 F.3d 1328 (Fed. Cir. 2007).  Obtained summary judgment of non-infringement, invalidity, and no recovery due to plaintiff’s unclean hands.  2009 WL 1582919 (C.D. Cal 2009).  Federal Circuit affirmed on appeal.  (Fed. Cir., Jan. 18, 2011).

Typhoon v. Toshiba America Information Systems, et. al.: Counsel for accused infringer in multi-defendant patent litigation regarding laptop computer technology.  Obtained summary judgment of non-infringement.  Federal Circuit affirmed on appeal, 659 F.3d 1376 (Fed. Cir. 2011).

IMRA America v. IPG Photonics: Counsel for plaintiff in patent litigation regarding high power fiber lasers.

O2 Micro Int’l. v. Microsemi Corp, et al.:  Counsel for accused infringer in ITC investigation regarding circuitry for flat screen power supplies.

Wave Loch v. American Wave Machines: Counsel for plaintiff in patent litigation regarding artificial wave technology.

Boss Industries, Inc. vs. Yamaha Motor Corporation, U.S.A.: Counsel for accused infringer in patent litigation regarding technology for 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).

Kruse Technology Partnership v. Caterpillar: Counsel for plaintiff in patent litigation regarding internal combustion engine technology.  Defeated motion for summary judgment of noninfringement and invalidity.  Case settled before trial.

Express, LLC v. Fetish Group, Inc.:  Counsel for fashion boutique owner against claims by national retailer of fraud and unfair competition.  Obtained summary judgment of copyright infringement in client’s distinctive design on clothing.  424 F. Supp. 2d 1211 (C.D. Cal. 2006).  Also obtained summary judgment dismissing plaintiff’s fraud and unfair competition claims.  464 F. Supp 2d 965 (C.D. Cal. 2007).

Jonathan Manufacturing Corp. v. Central Industrial Supply Co.:  Counsel for plaintiff in patent litigation regarding computer server mounting technology.  Obtained preliminary injunction against defendant’s accused product.

Romala Stone, Inc. v. The Home Depot U.S.A., Inc.: Counsel for accused infringer in patent litigation.  Obtained transfer of the case to the Northern District of Georgia.

Optus Software v. FileNet:  Counsel for software company against claims of copyright infringement, breach of contract, and unfair competition.  Developed evidence of spoliation, and case settled before trial. 

Yamaha Motor Co., Ltd. v. Bombardier Inc.:  Counsel for patentee in ITC investigation regarding technology for personal watercraft. Case settled after four-week trial.

Advanced Delivery & Chemical Sys., Ltd. v. Air Products and Chemicals, Inc.:  Counsel for accused infringer in patent litigation regarding chemical delivery system technology. Obtained summary judgment of invalidity.

R&B Wire Products, Inc. v. Cheng Kuang Chen, et al.:  Counsel for plaintiff in trade dress infringement lawsuit involving imported goods.  Obtained temporary restraining order and seizure order against defendant.

Bassani Mfg. v. Brothers Performance Warehouse, Inc. dba BBK Performance, Inc.:  Counsel for plaintiff in trade dress infringement and unfair competition litigation.  Case settled before trial.

Articles

“Photoclinometry,” D G Jankowski, Article in Encyclopedia of Planetary Sciences, Chapman & Hall (1998).

“Rheology and Structure of Planetary Near-Surface Materials From Landform Topography,” Cornell University Department of Astronomy Doctoral Thesis, 1994.

"Topography of Small Martian Valleys." Goldspiel J M, S W Squyres, D G Jankowski, Icarus 105, 479–500 (1993).

"‘Softened’ impact craters on Mars: Implications for ground ice and the structure of the Martian megaregolith.” D. G. Jankowski and S. W. Squyres, Icarus 106, 365-379 (1993).

"Plains Tectonism on Venus: The Deformation Belts of Lavinia Planitia," -Squyres, S. W., D. G. Jankowski, G. E. McGill, M. Simons, and S. C. Solomon, J. Geophys. Res. 97, 13579-13600 (1992).

"Sources of Error in Planetary Photoclinometry." Jankowski, D G and S W Squyres, J. Geophys. Res. 96(E4), 20907-20922 (1991).

“On the Obliquity and Tidal Heating of Triton,” D G Jankowski, C F Chyba, P D Nicholson, Icarus 80, 211-219 (1989).

“Tidal Evolution in the Neptune-Triton System,” C F Chyba, D G Jankowski, P D Nicholson, Astronomy and Astrophysics 219, L23-L26 (1989).

“Solid-State Ice Volcanism on the Satellites of Uranus,” D G Jankowski and S. W. Squyres, Science 9, Vol. 241. 1322-1325 (1988).

“Diffusion-recombination phenomena from paired initial conditions,” D G Jankowski, Phys. Rev. A 33, 4415 - 4418 (1986).

Speeches & Seminars

"On the Patenting of Mice and Men: The Supreme Court’s Association for Molecular Pathology v. Myriad Genetics Case and Other Developments in Patent Law," Federal Bar Association, Inland Empire Chapter, September 25, 2013, Riverside, California.

"Magnifying Your IP IQ: Topics for the Savvy Intellectual Property Manager," workshop presentation, International Society for Optics and Photonics (SPIE), February 5, 2013, San Francisco, California.

“Enforcement of Patents: Offensive and Defensive Strategies,” workshop presentation, International Society for Optics and Photonics (SPIE), January 24, 2012, San Francisco, California.

Co-Author, "Three New Tools to Challenge Patents," Orange County Business Journal, Intellectual Property Supplement (2013)

Ruden, S. P., “Evolution of Photoevaporating Protoplanetary Disks,” The Astrophysical Journal, 605, 880 (2004)

Supervised M.S. Thesis in Physics, “Analytic Techniques for Simulating the Translational and Rotational Motion of an Earth-Orbiting Satellite” (2002)

Co-Author, “Technology Roadmap for the Office of Space Science Origins Theme,” Jet Propulsion Laboratory Pub. No. 400-887 (2001)

Ruden, S. P., “The Formation of Planets,” in The Origin of Stars and Planetary Systems, 643 (Kluwer Academic Press 1999)

Representative Matters for IP Owner/Plaintiff
Representative Matters for Accused Infringer/Defendant
Other Noteworthy Cases
Articles
Books and Chapters
Speeches & Seminars

Representative Matters for IP Owner/Plaintiff

Masimo Corp. v. Philips Electronics North America Corp. and Philips Medizin Systeme Boblingen GmbH., Case No. 09-80-LPS-MPT (D. Del. Oct. 17, 2014).  Represented medical-device maker Masimo and led trial team to a complete victory in obtaining a jury verdict of over $466 million for lost-profits damages against Philips for infringing two Masimo patents.  The jury also rejected Philips’s infringement claims seeking $169 million.

Applied Medical Resources Corp. v. Tyco Healthcare Group LP d/b/a Covidien, CV 11-01406, (C.D. Cal., July 11, 2014).  Represented medical-device maker and patent owner  Applied Medical Resources, Corp. in an inventorship dispute filed by Covidien and Gaya Ltd.  In a 130-page opinion, the district court ruled in Applied's favor on all claims, holding that no individuals associated with Gaya are inventors on any of the five Applied patents at issue.  All litigation between the parties has since settled.

Schindler Elevator Corp. v. Otis Elevator Corp., 593 F.3d 1275 (Fed. Cir. 2010). Represented elevator company Schindler and obtained reversal of noninfringement ruling. On remand, obtained a jury verdict that Otis directly and indirectly infringed the patent and that the patent is valid. On second appeal, Federal Circuit invalidated the patent for obviousness. No. 2011-1615 (Fed. Cir. 2012).

Advanced Thermal Sciences Corp. v. Applied Materials, Inc., SACV 07-1384 JVS (C.D. Cal 2010). Represented BE Aerospace subsidiary ATS, and after a bench trial, won a ruling that AMI breached a joint development agreement by filing ten patent applications on temperature control systems for semiconductor fabrication equipment and that ATS was the sole inventor and owner of other patents. ATS was also awarded its attorney fees.

Applied Medical Resources Corp. v. United States Surgical Corp., 448 F.3d 1324, reh’g en banc denied, (Fed. Cir. 2006). Represented medical-device maker and patent owner and obtained reversal of noninfringement ruling. After remand, jury verdict of patent validity and no infringement. Affirmed on appeal.

Applied Medical Resources Corp. v. United States Surgical Corp., 353 F. Supp.2d 1075 (C.D. Cal. 2004), aff'd, 453 F.3d 1356 (Fed. Cir. 2006). In jury trial, represented medical-device maker in obtaining verdict of $43.5 million and a finding that Tyco-Unit U.S. Surgical had willfully infringed patent. The Court upheld the verdict, enhanced the damages, and entered a $64.5 million judgment. The appellate court affirmed the judgment in its entirety.

Mallinckrodt, Inc. v. Masimo Corp., 2004 U.S. Dist. LEXIS 28518 (C.D. Cal 2004), aff’din part andrev’din part, 2005 U.S. App. LEXIS 19427, 2005 WL 2139867, 147 Fed. Appx. 158, reh’g en banc denied, 2005 U.S. App. LEXIS 24108 (Fed. Cir. 2005), cert. dismissed, 546 U.S. 1162 (2006). In jury trial and on appeal, obtained $134.5 million verdict for owner of four patents on read-through-motion pulse oximeters. Jury found that Covidien-held Nellcor had willfully infringed the four patents, while also finding that client had not infringed a Tyco patent. Before trial, the court dismissed on summary judgment other Nellcor claims and defenses. 254 F. Supp.2d 1140 (Markman), 292 F. Supp.2d 1201, and 293 F. Supp.2d 1102 (C.D. Cal. 2003). The appellate court affirmed a $164.5 million judgment and ordered the entry of a permanent injunction. The case settled for $330 million and future royalties.

Gart v. Logitech, Inc., 254 F.3d 1334 (Fed. Cir. 2001), cert. denied, 122 S. Ct. 921 (2002). Represented plaintiff patent owner and obtained reversal of noninfringement ruling.  Ruling led to settlement.

Hunter Douglas, Inc. v. Harmonic Design, Inc., 153 F.3d 1318 (Fed. Cir. 1998), cert. denied, 525 U.S. 1143 (1999).  Argued appeal on various jurisdictional and preemption issues for electronic window-blind manufacturer.

Representative Matters for Accused Infringer/Defendant

Personalized Media Communications, LLC v. Amazon.com and Amazon Web Services, LLC, CA No. 13-cv-1608-RGA (D. Del. Aug. 10, 2015).  Represented Amazon and successfully persuaded the district court, on a motion for judgment on the pleadings, to invalidate all seven patents asserted by a non-practicing entity because all of the patents claimed ineligible subject matter.

Smith & Nephew Inc. v. Rea and Synthes, 721 F.3d 1371 (Fed. Cir. 2013); Dupuy Synthes Prods., LLC v. Smith & Nephew, Inc., Appeal No. 2014-1136 (Jan. 13, 2015). In two appeals before the Federal Circuit, Mr. Re represented Smith & Nephew, which was accused of infringing patents on orthopedic bone plates by subsidiaries of Johnson & Johnson. First, Mr. Re obtained a reversal of a Patent Office reexamination decision upholding the claims and the Federal Circuit held the claims were invalid for obviousness. In a second appeal, the Federal Circuit held that the Patent Office correctly held that the second patent was also invalid for obviousness. These appellate rulings rendered moot all pending litigation concerning these patents.

St. Jude Medical, Inc. v. Access Closure, Inc., 729 F.3d 1369 (Fed. Cir. 2013). On appeal, represented medical-device maker after it lost a trial and faced a pending injunction for infringing a patent on devices for sealing vascular punctures. Obtained a reversal and a Federal Circuit ruling that patent was not protected by safe-harbor provision and thus was invalid for double patenting.  Ruling led to $320 million sale of client to Cardinal Health in 2014.

Applied Medical Resources Corp. v. Tyco Healthcare Group LLP, No. 09-CV-176-KFG (E.D. Tex. Oct. 7, 2011). Represented medical-device maker accused of infringing five Tyco patents. After two jury trials on four patents, jury and court ruled that all four patents were invalid and not infringed. First jury found one unchallenged claim infringed and awarded $4.8 million.  Affirmed on appeal.

Kinetic Concepts, Inc. v. Smith & Nephew, Inc. SA-08-CV-102-RF (W.D. Tex. 2010), rev’d, 688 F.3d 1342 (Fed. Cir. 2012). Represented Smith & Nephew at jury trial and obtained judgment that KCI patents on negative pressure wound therapy were invalid for obviousness. While on appeal, patent holder terminated license with KCI. The Federal Circuit reversed the district court and while on rehearing over right to trial by jury on obviousness, patent holder licensed Smith & Nephew to settle case.

Typhoon Touch Technologies, Inc. v. Dell, Inc., 659 F.3d 1376 (Fed Cir. 2011). Represented numerous manufacturers of portable computers with touch screens and obtained affirmance of judgment of no patent infringement.

Kinetic Concepts, Inc. v. Blue Sky Medical Group, 554 F.3d 1010, reh’g en banc denied, (Fed. Cir. 2009). On appeal, obtained affirmance of jury verdict that gauze-based system for negative pressure wound therapy does not infringe patents.

Heuft Systemtechnik GmbH v. Industrial Dynamics Co., 2008 U.S. App. LEXIS 13486, 2008 WL 2518562 (Fed. Cir. 2008). In jury trial and appeal, represented manufacturer of bottle-inspection equipment accused of patent infringement. After jury trial and verdict of infringement, successfully defeated claims for damages and injunction, and after appeal, defeated all claims of infringement as well.

Koepnick Medical & Educ. Research Found., L.L.C. v. Alcon Labs., Inc. et al., 347 F. Supp. 2d 731 (D. Ariz. 2004), aff'd, 2005 U.S. App. LEXIS 28880, 2005 WL 3543012, reh’g denied (Fed. Cir. 2005). Representing Bausch & Lomb, Inc. at the district court and on appeal, obtained favorable claim construction and judgment of no infringement against patent owner alleging that LASIK eye surgery infringed patent.

Princeton Biochemicals, Inc. v. Beckman Coulter, Inc., 411 F.3d 1332 (Fed. Cir. 2005), aff’g 2004 WL 1398227 (D.N.J. 2004). In jury trial and on appeal, represented laboratory-instrument maker, Beckman Coulter, accused of patent infringement. After verdict, obtained ruling that Beckman had not infringed and that the patent was invalid for obviousness and because Beckman was the first inventor. The appellate court affirmed the invalidity ruling.

Hewlett-Packard Co. v. Mustek Systems, Inc., 99 CV 0351 (S.D. Cal.), aff’d in part andrev’din part, 340 F.3d 1314, reh’g denied (Fed. Cir. 2003). In jury trial and on appeal, successfully represented manufacturer of digital scanners accused of infringing several Hewlett-Packard patents. Client found not liable because the asserted patents were either invalid or not infringed.

Practice Management Information Corp. v. American Medical Ass’n, 121 F.3d 516, amended, 133 F.3d 1140 (9th Cir. 1997), cert. denied, 524 U.S. 923 & 525 U.S. 810, reh’g denied, 525 U.S. 923 (1998). Represented defendant, a medical-books publisher, and established misuse of AMA copyright.

Lockwood v. American Airlines, Inc., 50 F.3d 966 (Fed. Cir.), cert. granted, 515 U.S. 1121, vacating right to jury trial, 515 U.S. 1182 (1995), on remand, 107 F.3d 1565 (1997), aff’g 834 F. Supp. 1246 and 847 F. Supp. 777 (S.D. Cal.). Represented American Airlines and established that three asserted patents were invalid and not infringed.  Also, obtained writ of certiorari on right to trial by jury in cases challenging a patent’s validity, causing withdrawal of jury demand, and vacatur of Federal Circuit ruling finding such a right.

Other Noteworthy Cases

Ruhe v. Masimo Corp., 14 F.Supp.3d 1342 (C.D. Cal., April 3, 2014). Representing Masimo, persuaded a district court to vacate an arbitration award in a constructive wrongful termination action because of the arbitrator’s “evident partiality.” The award included over $5,000,000 in punitive damages. The district court held that the arbitrator should have disclosed that his brother had represented Masimo’s main competitor in antitrust and patent suits in which Masimo was awarded hundreds of millions of dollars. On appeal before the U.S. Court of Appeals for the Ninth Circuit.

Superior Court for the State of California v. ISD Corp., AAA arbitration (2014).  Representing software vendor at trial and defeated claim brought by the state courts of California that they could terminate client’s supply of case management software despite various termination provisions.  Pending client’s claim for attorney fees as prevailing party.    

United States ex rel. Ruhe v. Masimo Corp., 977 F.Supp. 2d 981 (C.D. Cal. 2013).  Representing Masimo, obtained summary judgment against a group of former employees who alleged that Masimo caused false claims to the government in connection with its devices which noninvasively measure a patient’s hemoglobin.  The district court rejected relators claims that the devices, known as Pronto, were worthless and thus any governmental payment for reimbursement was a false claim.   On appeal before the U.S. Court of Appeals for the Ninth Circuit. 

Yorkey v. Diab, 601 F.3d 1279 and 605 F.3d 1297 (Fed. Cir. 2010) and Appeal No. 2011-1360 (Fed. Cir. 2012). In three appeals from two patent interferences against Covidien subsidiary Nellcor, represented medical-device maker Masimo and established that it was the first inventor of various algorithms for pulse oximeters to measure through motion. 

Articles

"Litigating for the Greater Good: Knobbe Martens Lawyer Scores Big Wins,"Of Counsel (March 2015)

"Why We Need Our Patent System: Masimo, OC’s Shining Example,"Orange County Business Journal (November 2014)

"Litigator of the Week: Joseph Re of Knobbe Martens," The American Lawyer Litigation Daily (October 2014)

"Knobbe wins $466.7M for medical tech company," quoted in the Daily Journal (October 2014)

Co-author, “Gunn v. Minton: The Supreme Court’s Correction of the Federal Circuit’s Overly Broad Assertion of Jurisdiction Over State-Law Claims,” 38 New Matter 5 (No. 1 Spring 2013)

Co-author, "The Pendulum Has Swung Too Far: Recent Misuse of the Entire Market Value Rule to Limit Reasonable-Royalty Patent Damages," 84 Pat. Trademark & Copyright J. (BNA) 195 (June 1, 2012)

Law360 Q&A with Knobbe Martens' Joseph Re, Portfolio Media, Inc. (June 2011)

“In Pfaff Case Court Clarifies On-Sale Bar," Nat’l L.J., Feb. 8, 1999 (I.P. Supp.) at 1.

“Litigating Under Both Markman Decisions,” 1997 Patent Litigation 283 (Prac. Law Inst.).

“It’s Elementary: In Warner-Jenkenson, the Supreme court Upholds One Doctrine and Bolsters Another,” L.A. Daily J., Apr. 4, 1997, at 7.

“On Vacatur: Litigant’s Ability to ‘Wipe Slate clean’ Is Impaired,” L.A. Daily J., Apr. 7, 1995, at 7.

“Vacating Patent Invalidity Judgments Upon an Appellate Determination of Noninfringement,” 72 J. Pat. & Tm. Off. Soc’y 780 (1991), cited by the Supreme Court of the United States in Cardinal Chem. Co. v. Morton Int’l, Inc. (1993).

“Using Rule 30(b)(6) for Corporate Depositions,” 3 Prac. Litigator 83 (No. 4) 1992).

“Parallel Prosecution: Effect of Patent Prosecution on Concurrent Litigation,” 73 J. Pat. & Tm. Off. Soc’y 965 (1991).

 “Federal Circuit Jurisdiction Over Appeals From District Court Patent Decisions,” 16 AIPLA Q.J., 169 (1988).

Books and Chapters

Brief Writing and Oral Argument (9th ed. Oceana Pubs. 2005), co-author.

Cases and Materials on Remedies (6th ed. Foundation Press 2005), junior editor.

Chapter 186, "Court of Appeals for the Federal Circuit" in 8 West's Federal Forms - National Courts (West Pub. 2002), co-author, with annual pocket part supplements which are up to date.

Chapter 5, “The Answer and Other Responsive Filings” in Patent Litigation Strategies Handbook (2nd ed. BNA Books 2006), co-author, with annual pocket part supplements which are up to date.

Speeches & Seminars

“Recent Supreme Court Patent Case Law Update,” presented at the Intellectual Property Owners Association (IPO) 42^nd Annual Meeting in Vancouver, British Columbia (September 8, 2014). 

“Litigating a Patent-Related Dispute in Court While the USPTO is Reexamining or Reviewing the Same Patent,” presented at the Annual Spring Meeting of the AIPLA in Philadelphia, Pennsylvania (May 15, 2014).

"From Patents to Porn: The #Blurred Lines Between Intellectual Property #Trolls and Legitimate Intellectual Property Enforcement," presented at Thomas Jefferson School of Law in San Diego, California (October 18, 2013).

“The Trial Lawyer’s Toolbox,” presented to the 37^th Annual Intellectual Property Institute, IP Law Section, State Bar of California in San Diego, California (November 9, 2012).

“Patent Prosecution Through The Eyes of a Patent Litigator,” presented to the Washington State Patent Law Association in Seattle, Washington (September 19, 2012).

“Strategies for Multi-Defendant Patent Cases,” presented at the 2012 AIPLA Electronic and Computer Patent Law Summit in San Diego, California (April 2, 2012).

“Reasonable Royalty Patent Infringement Damages After Lucent, ResQNet and Uniloc,” presented at the Annual USC IP Symposium in Beverly Hills, CA (March 15, 2012). 

“Disqualification of Law Firms In Patent Cases,” presented at the Annual Meeting of the AIPLA in Washington D.C. (October 21, 2011).

“Patent Prosecution Through The Eyes of a Patent Litigator,” presented to the 35^th Annual  Intellectual Property Institute, IP Law Section, State Bar of California in Napa, California (October 29, 2010).

“Erase the Mystery–Insight in Conducting Voir Dire,” presented to the ABTL 37^th Annual Seminar in Kona, Hawaii (October 21, 2010).

Advocating Patent Cases With Emotion, presented at the Annual Spring Meeting of the AIPLA in New York, New York, (May 7, 2010). 

“In Defense of Proving Patent Invalidity by Clear and Convincing Evidence,” presented at the Annual Spring Meeting of the AIPLA in Houston, Texas (May 15, 2008).

Representative Litigation Matters
Articles
Speeches

Representative Litigation Matters

Ms. Zadra-Symes acted for parties involved in the following cases, amongst others:

Monster Energy Co. v. Monster Escorts LLC (M.D. Ga. 2015). Represented Monster Energy Company in trademark and copyright infringement action against vehicle escort company. Obtained consent judgment of infringement and permanent injunction.

Lizalde, et al. v. Advanced Planning Services, Inc., First Allied Securities, Inc., et al., (2013). Represented one of defendants in copyright infringement action filed in the US District Court for the Southern District of California. Obtained favorable settlement for client.

Andrew Zuckerman v. Lenny USA et al., 2:12-cv-03249, C.D.Cal. (2013). Represented defendant in copyright infringement case filed in US District Court for Central District of California. Obtained favorable settlement for defendant.

Sweet People (dba Miss Me) v. ITC Girl Inc. (2013). Represented defendant in copyright and trademark infringement action filed in US District Court for the Central District of California. Obtained favorable settlement for client.

James R. Glidewell Dental Ceramics, Inc., Dba Glidewell Laboratories V. Keating Dental Arts, Inc., WL 655314 (CD Cal. 2013). Represented defendant Keating Dental Arts Inc. in a trademark dispute brought by Glidewell Laboratories. Glidewell claimed that Keating Dental’s trademark KDZ BRUXER for dental crowns infringed Glidewell’s registered trademark BRUXZIR for dental crowns. The court held that “bruxing” is a common dental term, that Glidewell’s BRUXZIR mark is a weak mark, and that there was no likelihood of confusion between Keating's KDZ BRUXER trademark and Glidewell’s BRUXZIR trademark.

Monster Energy Company v. HRHH Hotel/Casino, LLCet al., 2014 WL 293773 (CD Cal. 2013). Represented Monster Energy in an arbitration against HHHH Hotel/Casino. Monster Energy prevailed on its claims for breach of contract and obtained all of its requested declaratory relief, including a declaration that Monster Energy acquired by assignment and is the owner of all rights in the mark REHAB worldwide for all beverages, and that Hard Rock is precluded from using the REHAB trademark for beverages. Monster Energy also prevailed on its claim for damages and attorneys’ fees and costs.

Sweet People Apparel Inc., dba Miss Me, and RCRV, Inc. dba Rock Revival v. Machine Jeans Inc. and The Wet Seal Inc. (2012). Represented defendants in copyright action filed in US District Court for Central District of California. Obtained favorable settlement for client.

PBEV, LLC v. Hansen Beverage Company d/b/a Monster Beverage Company, Case No. 7:10-cv-3526 (N.D. Ala. 2011). Represented energy drink manufacturer in trademark litigation. Case settled favorably for client.

Hansen Beverage Company v. Cytosport Inc., 2009 U.S. Dist. LEXIS (C.D. Cal.). Represented Plaintiff in obtaining preliminary injunction involving MONSTER ENERGY trademark.

Deckers Outdoor Corporation vs. Bon-Ton Stores, Inc., 2:08-cv-08074-ODW-VBK (C.D. Cal. 2009). Represented Defendant Bon-Ton Stores, Inc. in design patent infringement litigation involving boot designs. Obtained transfer of litigation to client's preferred venue and ultimately favorable settlement for client.

Deckers Outdoor Corporation vs. Aldo U.S. Inc., et al., 2:08-cv-07289-R-FFM (C.D. Cal. 2009). Represented Defendants Bon-Ton Stores, Inc. and Alloy Media, LLC in design patent infringement litigation involving boot designs. Case settled favorably for clients. 

Robert, Jr., Inc. v. Run Athletics International, LLC, 09-cv-1180 R (JCx) Central District of CA (C.D. Cal. 2009). Represented defendant in patent infringement litigation involving shoe design. Case settled favorably for defendant.

Amirsys, Inc. v. Structurad, LLC et al., 2:07-CV-573-DB (D. Utah 2007). Represented plaintiff in copyright infringement suit involving subscription website relating to radiology content, resulting in mediated settlement.

Parallax Group International, LLC v. BJ's Wholesale Club, Inc.,and, Venture Products, LLC, 07cv4211 SJO (Ex) (C.D. Cal. 2007). Represented defendant in design patent infringement litigation involving children's playmats. Case settled favorably for clients. 

Robert Hidey Architects, Inc. v. Richard John Cardoza and Ritner Group, Inc., SACV 8:07-00292-JVS (ANx) (C.D. Cal. 2007 ). Represented defendant in copyright infringement case involving architectural drawings; case resolved through mediated settlement.

Winn, Inc. v. Compgrip USA Corp., 2007 WL 1417633 (C.D. Cal.) Represented Plaintiff in obtaining summary judgment of patent infringement.

Automobile Club of Southern California v. The Auto Club, Ltd., 2007 U.S. Dist. LEXIS 19221 (represented plaintiff in defeating summary judgment motion claiming trademark invalidity and non-infringement); See also 2007 U.S. Dist. LEXIS 19230 (represented plaintiff in obtaining summary judgment that defendants were unfairly competing by operating as a motor club in California without a license from the Department of Insurance).

Express, LLC v. Fetish Group, Inc., 424 F. Supp. 2d 1211, (C.D. Cal. 2006) (obtained summary judgment of copyright infringement in defendant’s lace and embroidery design on clothing); See also 464 F. Supp 2d 965 (obtained summary judgment dismissing plaintiff’s fraud and unfair competition claims).

Broadcom Corp. v. BroadVoice, Inc., SACV05-431 DOC (2005) (represented plaintiff in trademark infringement suit and later obtained settlement through mediation).

Mattel, Inc. v. Simba Toys GmbH & Co. KG et al., (CV-03-9388 MMM) (2003): represented defendant in copyright and trade dress infringement suit resulting in mediated settlement.

Winn Inc. v. Eaton Corporation, 272 F. Supp. 2d 968 (C.D. Cal. 2003) (represented Plaintiff in successfully defeating defendant's motion for summary judgment of non-infringement and invalidity of Plaintiff's patents relating to golf club grips).

Ford Motor Co., Carroll Shelby et al. v. Superformance International Replicars, Inc., 251 F. Supp. 2d 983, (D. Mass. 2002) (represented defendant in obtaining summary judgment dismissing Carroll Shelby’s claims to trade dress rights in shape of Cobra vehicle).

Ford Motor Co. v. Ultra Coachbuilders Inc., 57 U.S.P.Q. 2d 1356 (C.D. Cal. 2000) (represented defendant in defeating Ford Motor Co.’s motion for preliminary injunction against limousine manufacturer’s retention of Ford emblems on converted automobiles; denial of injunction upheld on appeal by 9th Circuit).

Modtech, Inc. v. Designed Facilities Construction, Inc., 48 U.S.P.Q. 2d 1208 (C.D. Cal. 1998) and 51 U.S.P.Q.2d 1206 (C.D. Cal. 1999) (represented plaintiff in obtaining preliminary injunction enforcing copyrights in architectural drawings; obtained contempt order following defendant’s violation of injunction).

Terri Lee Associates et al. v. Doll City, USA, SACV-97-6 (AHS) (C.D. Cal. 1998), represented plaintiff in trademark and rights of publicity case involving collectible dolls; case resolved through mediated settlement after issuance of preliminary injunction in plaintiff's favor.

Beam System, Inc. v. Checkpoint Systems, Inc. et al., 42 U.S.P.Q. 2d 1461 (C.D. Cal. 1997) (represented one of defendants in obtaining dismissal of copyright infringement claims involving computer software).

Asia Entertainment Inc. v. Nguyen, 40 U.S.P.Q.2d 1183 (C.D. Cal. 1996) (obtained summary judgment of copyright infringement in favor of plaintiff involving music and sound recording copyrights; after subsequent trial, attorney fees awarded in favor of client, Asia Entertainment).

Dogloo, Inc. v. Doskocil Mfg. Co., Inc., 893 F. Supp. 911 (C.D. Cal. 1995) (represented plaintiff in obtaining preliminary injunction enforcing trade dress rights in shape of dog kennel).

Essie Cosmetics, Inc. v. Dae Do International, Ltd. et al., 808 F. Supp. 952 (E.D.N.Y. 1992) (represented plaintiff in obtaining preliminary injunction enforcing trade dress rights in shape of nail polish bottle).

Articles

Contributing author, Licenses and Insolvency, A Practical Guide to the Effects of Insolvency on IP License Agreements, published by International Bar Association (October 2014)

Co-author, Supreme Court Decision POM Wonderful LLC v. Coca-Cola Co: What You Need to Know, Knobbe Martens Firm Alert (June 2014)

Contributing thoughts in "Legal Perspective on Negative Online Reviews: What Both Sides Should Consider Before Jumping Into the Fray," JD Supra Perspectives (February 2014)

Contributing author, Trademark Surveys, Volume 1, Designing, Implementing and Evaluating Surveys, published by ABA Section of Intellectual Property Law (2013) 

Law360 Q&A with Knobbe's Lynda Zadra-Symes, Law360 (June 2013)

Author, The Current State of Copyright Exhaustion in the U.S., Presented at the AIPLA 2013 Spring Meeting (May 2013)

Author, Anti-counterfeiting strategies in the United States, North American Regional Forum News (Newsletter of the International Bar Association Legal Practice Division) (April 2013)

Contributing author, "International Design Protection", Globe Law and Business (May 2012)

Author, The potential pitfalls of comparative advertising, World Trademark Review (2010)

Author, Controlling Counterfeit Trade in Tangible Products Over the Internet (2006)

Author, Sounds, Smells, Shapes and Colors: Protection and Enforcement of Nontraditional Trademarks in the U.S. (2005)

Speeches

Presenter, The Legalities of Fashion - Intellectual Property Workshop, Fashion Week San Diego (September 2013)

Presenter, Understanding Trade Secrets and Trade Secret Misappropriation, IP Impact San Diego - Trademark Seminar (July 2013)

Presenter, What You Need to Know About Copyright Exhaustion Without Getting Exhausted, AIPLA 2013 Spring Meeting (May 2013)

Panelist, You've Just Been Sued - What to do in the First 30 Days, Association of Corporate Counsel (ACC) - Southern California DoubleHeader (April 2013)

Panelist, Avoiding Trade Secret Misappropriation, False Advertising & Unfair Competition Claims, Association of Corporate Counsel (ACC) - Southern California In-House Counsel Conference (January 2013)

Panelist, Hiring Competitor’s Top Talent & Being Fiercely Competitive Without Exposing Your Company, Association of Corporate Counsel (ACC) - Southern California In-House Counsel Conference (January 2013)

Presenter, Winning at the Outset: Improving Chances of Success on a Preliminary Injunction Motion, AIPLA (October 2010)

Presenter, Controlling Counterfeit Trade in Tangible Products Over the Internet, Worldwide Piracy Prevention Conference (2006)

Representative Matters

Masimo Corp. v. Philips Electronics (D. Del.): successfully represented plaintiff patent holder in obtaining $466 million jury verdict in patent case involving medical device software and obtaining judgment that plaintiff did not infringe competitor patent.

TiVo v. EchoStar Corp. (E.D. Tex.): in one of the first patent cases to go to trial in the Eastern District of Texas, successfully obtained over $74 million jury verdict for plaintiff patent holder on patent for DVR technology.

Kinetic Technologies v. Skyworks Solutions (P.T.A.B.): successfully defended patent owner by protecting all claims in all challenged patents relating to integrated circuits by defeating three separate IPR petitions.

Broadnet Teleservices v. Shoutpoint and Victory Solutions (D. Colo. & P.T.A.B): successfully represented defendants in patent case relating to teleconferencing technology, case settled soon after defendants filed two CBM petitions challenging the asserted patents in the Patent Office.

Nobel Biocare v. Materialise Dental (C.D. Cal.): successfully represented defendant in obtaining early summary judgment of non-infringement in patent case involving dental implant software.

Affinity Labs of Texas v. Alpine Electronics et al. (E.D. Tex.): successfully represented defendant in patent case involving automobile GPS navigation units; case settled favorably before trial.

Treasure Garden v. Lancer and Loader et al. (C.D. Cal.): successfully represented plaintiff patent holder in obtaining permanent injunction against national retailer and supplier.

Articles and Speeches

Speaker, Patent Resources Group Advanced Courses: Federal Circuit Law, Santa Ana Pueblo, NM (Oct. 2015).

Speaker, Patent Resources Group Advanced Courses: Federal Circuit Law, Orlando, FL (Apr. 2015).

Armond, Summers, “Recent Trends in Damages and Injunctive Relief in Patent Cases – Overview of the Apple v. Samsung Litigation,”  Tokyo Conference Centre Shinagawa, Tokyo (Apr. 2013).

Armond, Adolphs, Caltech in Orange County Lecture Series: “The Final Frontier: Understanding the Human Brain,” Irvine, CA (Apr. 2013).

Armond, Milkovich; Caltech in Orange County Lecture Series: “Mars Science Laboratory: Recent Activities of the Curiosity Rover,” Irvine, CA (Oct. 2012).

Armond, Schneider; Caltech in Orange County Lecture Series: “The Science of Climate: Facts, Physics, Forecasts,” Irvine, CA (May 2012).

Panelist, "I Didn't Do It: Exploring the Landscape of Divided Infringement in Patent Enforcement," UC Berkeley School of Law, Berkeley, CA (Feb. 2012).

Speaker, Special Session for the Presentation of the Portrait of Circuit Judge Richard Linn, United States Court of Appeals for the Federal Circuit, Washington D.C., 652 F.3d i (June 10, 2011).

Panelist, "Perspectives on KSR, MedImmune, Seagate, and McKesson," UC Berkeley School of Law, Berkeley, CA (Feb. 2009)

Panelist, "Medmmune and SanDisk: Seeking a License Without Getting a Lawsuit,” Fourth Annual Federal Circuit Roundtable Discussion, Chicago-Kent School of Law, Chicago (Sept. 2007).

Author, Introducing the Defense of Independent Invention to Motions for Preliminary Injunctions in Patent Infringement Lawsuits, 91 Cal. L. Rev. 117 (2003).

Author, State Internet Regulation and the Dormant Commerce Clause, 17 Berkeley Tech. L.J. 379 (2002).