Representative Experience

• • Obtained a summary judgment win for our client Biora Therapeutics. Ravgen sued Biora – an innovator in the non-invasive prenatal testing space – in the District of Delaware seeking tens of millions in damages as well as enhanced damages for alleged willful infringement. Michael and his team developed a release defense and then moved for summary judgment. After hearing argument, the court issued a tentative ruling in our favor finding that all of Biora’s sales were released – an order that if made final would end the case entirely. Ravgen then agreed to dismiss all of its claims with prejudice with no payment from Biora. That compared with the results of a similarly situated defendant – sued by the same plaintiff, on the same two patents, based on the use of the same third-party blood collection tubes – who lost a $372 million judgment. Ravgen v. Biora.
  • Obtained a summary judgment win for our client Akamai. Plaintiff MediaPointe sued Akamai on two patents in the W.D. Tex. After initial fact discovery, Michael and his team identified a flaw in MediaPointe’s alleged chain of title to the asserted patents and demanded that MediaPointe dismiss its claims with prejudice. MediaPointe dismissed its claims but refused to do so with prejudice. Knowing that MediaPointe was likely to try to correct its chain of title and refile, our team then filed a declaratory judgment complaint in C.D. Cal. At the claim construction stage, Michael and his team successfully argued that 17 out of 24 asserted patent claims were invalid as indefinite. After fact discovery, they moved for summary judgment of non-infringement and moved to strike MediaPointe’s infringement theory. The Court granted both motions, resulting in a complete victory for Akamai. MediaPointe v. Akamai.
  • Obtained a trial win for Intel that concluded a three-year patent fight with a plaintiff asserting patents directed to wireless transceiver technology. The plaintiff initially asserted 13 patents over two separate cases and claimed close to a billion dollars of damages in each case. Over the course of the case, our team knocked out multiple patents with IPRs, developed strong cross-cutting non-infringement positions for the remaining patents and developed a strong trial narrative and supporting evidence that the plaintiff’s claimed technology did not work as promised, that it had failed in the market as a result, and that this case was an attempt to accomplish in court what it could not in the market. At the pre-trial conference, Michael and his team then won a summary judgment motion of non-infringement of the plaintiff’s primary patent, a Daubert motion knocking the plaintiff’s total potential damages down to $70 million, and a summary judgment motion knocking out the plaintiff’s willfulness claim. After the first day of trial, at which Michael gave a strong opening statement and did a damaging cross-examination of the plaintiff’s CEO and lead witness, the plaintiff agreed to settle the case.
  • Obtained a trial win for our clients AGCO and Precision Planting after a four-year battle with John Deere. Deere originally asserted thirteen patents against our clients AGCO and Precision Planting in the District of Delaware. After extensive proceedings which reduced the number of patents and claims at issue, Deere proceeded to trial on the final two patents. The jury found in favor of our client on the two remaining patents, finding both patents not infringed. Litigation Daily recognized Michael and his team as Litigator of the Week Runners-Up for this victory. John Deere v. AGCO Corporation and Precision Planting.
  • Led a victory for Intel Corporation, Apple Inc. and Hewlett-Packard Co. in a multi-jurisdictional dispute against complainant X2Y Attenuators LLC, which sought to exclude from the US market all of Intel’s leading microprocessors and all Apple and HP computers incorporating the Intel microprocessors. After a full trial, Michael and team obtained an Initial Determination at the International Trade Commission (“ITC”) finding that the asserted patents were not infringed and two of the patents were invalid, a finding that was affirmed by the Federal Circuit. When X2Y moved to reopen the co-pending district-court actions and assert two additional patents three years later, Michael and his team won a motion to dismiss for failure to prosecute. Michael then argued the Federal Circuit appeal and obtained a Rule 36 affirmance conclusively ending the ten-year dispute. 
  • Secured a complete victory for Intel Corporation, Dell Inc., HP Inc. and Hewlett Packard Enterprise Company against complainant R2 Semiconductor, Inc., which sought to exclude from the US market all of Intel’s most advanced microprocessors. Michael argued and won on multiple IPR petitions before the PTAB and obtained a decision cancelling all of the asserted claims. Michael then argued the Federal Circuit appeal and obtained a Rule 36 affirmance ending the case.
  • Led a significant victory for Intel Corporation, when the US District Court for the District of Oregon granted Intel's motion for summary judgment, finding that all claims brought by non-practicing entity Memory Integrity, LLC, were barred by a covenant not to sue. The decision resolved at the district court level a five-patent litigation that had played out in three separate jurisdictions for more than two-and-a-half years.
  • Obtained a trial win for a global car manufacturer in a four-patent trial related to collision avoidance and infotainment technology in the Western District of Washington. The jury found in favor of our client and also found that the plaintiffs, and their CEO, had misappropriated our client's trade secrets.
  • Obtained a trial win in a patent licensing dispute in the District Court for the Southern District of New York. The jury found in favor of our client and awarded $75 million in damages. Eastman Kodak Company v. Ricoh Company, Ltd.
  • Obtained a trial win in a breach of contract, trade secret trial in District of New Hampshire for manufacturer of computer mouse products. The jury found in favor of our client on all counts, awarded our full damages claim, and awarded enhanced damages. Contour v. Chance.