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Intellectual Property Litigation

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Kellogg Hansen's intellectual property litigation practice has grown dramatically over the past decade.  We have successfully represented clients as both plaintiffs and defendants in patent cases across the country and before the U.S. International Trade Commission.  We regularly try patent cases to juries and pride ourselves on our ability to make complex technology understandable to non-specialist judges and jurors.  Clients frequently ask us to become involved with cases when it becomes apparent that trial is likely.  We are honored that clients have entrusted us with some of their largest and most important patent litigation disputes.

We have dealt with a broad spectrum of technologies, from generic pharmaceuticals to sheet metal fasteners.  We have a particularly deep experience in Internet and computer-related technologies, including voice and video streaming and Internet content delivery networks.

Kellogg Hansen has expertise in intellectual property policy as it relates to high-technology companies.  We counsel companies engaged in efforts to reform the patent statutes, and we have filed amicus curiae briefs addressing important patent law issues.

In addition to our growing patent trial practice, we have a deep bench of appellate expertise in the patent area.  Our associates and partners include six former law clerks to judges on the Federal Circuit.  No fewer than five of our lawyers have argued patent matters in the Federal Circuit, and our Supreme Court practice regularly involves patent and copyright issues.

Noteworthy Representations

Won en banc Federal Circuit affirmance of judgment of no direct infringement for provider of Internet content delivery services; currently seeking Supreme Court review of Federal Circuit ruling recognizing novel claim of indirect infringement in the absence of any direct infringer.  Akamai Technologies, Inc. v. Limelight Networks, Inc., 692 F.3d 1301 (Fed. Cir. 2012) (en banc).

Represented inventor in Federal Circuit and Supreme Court litigation establishing right of inventors to introduce new evidence in civil action against the U.S. Patent and Trademark Office to obtain patent under 35 U.S.C. § 145.  Kappos v. Hyatt, __ U.S. __, 132 S. Ct. 1690 (2012).

Represented major national telecommunications company in defending high-stakes patent-infringement action concerning digital video recorders; obtained favorable settlement on eve of trial.  TiVo Inc. v. Verizon Communications Inc., No. 2:09-cv-257-JRG (E.D. Tex. 2012).

Represented world’s largest generic drug maker in jury trial of patent-infringement action brought by world’s largest branded pharmaceutical company, where branded company made multibillion-dollar damages claim based on our client’s launch of generic drug; obtained favorable settlement two weeks into trial.  In re Gabapentin Patent Litigation, MDL No. 1384 (D.N.J. 2011).

Obtained $14.5 million jury verdict in patent-infringement action brought by major Japanese consumer electronics company against Taiwanese maker of optical disc drives.  Ricoh Co., Ltd. v. Quanta Computer, Inc., No. 06-cv-462-bbc (W.D. Wis. 2010).

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