Nxegen, LLC et al. v. Comverge, Inc. (D. Connecticut)

At the client’s request, we took over the defense of a large and hotly-contested patent infringement case brought by Nxegen LLC and Nxegen Holdings Inc. The patents involved systems and methods for remotely monitoring and adjusting energy usage. Facing a tight discovery schedule, we managed to produce, review and analyze a voluminous number of documents, take and defend approximately 30 depositions in a ...

Represented a major airline in claims brought by a former vendor alleging misuse of architectural plans for office space. Won motion to dismiss state-court conversion claims, and in subsequent federal copyright-infringement case based on the same underlying facts, conducted discovery and negotiated settlement in which plaintiff dismissed the case with prejudice and with no payments from our client.

Provided counsel to client Mueller Water Products, Inc. on patent matters, including prosecuting and maintaining the client’s patent portfolio.

Assist prominent national sports association and rights-holder in renewal of multimillion-dollar license of media and sponsorship rights to NCAA. Issues included availability of talent and executives, coordination with sister organizations on sponsor offerings, exclusivities and carve-outs of existing deals.

Led defense of patent infringement case involving claimed method to detect autism by analyzing bodily fluids. After we filed two motions for summary judgment, the parties reached a confidential settlement. Great Plains Laboratory, Inc. v. Metametrix Clinical Laboratory

Provided counsel to one of the largest providers of in-home residential delivery services in the United States on all intellectual property matters. These matters range from prosecuting and maintaining the client’s patent and trademark portfolio, to counseling the client on protecting its trade secrets, to anonymously negotiating and obtaining a licensing agreement with a prolific non-practicing entity with a history of targeting businesses in the ...

Provided counsel to Bernie Bilski and Rand Warsaw in conjunction with the landmark U.S. Supreme Court case Bilski v. Kappos.

Defended educational products company in lawsuit alleging infringement of copyrights in cards for assistance with speech therapy. The court granted our motion for summary judgment, finding that there was no infringement of any copyright in the selection and arrangement of Plaintiff’s cards as a matter of law. Ristuccia v. Super Duper, Inc.

Managed the prosecution of U.S. and foreign patent applications in a large patent portfolio relating to identifying humans using antibody profiling processes.

Represented Expanded Technologies, a leading manufacturer of expanded metals for the HVAC filter industry, in a suit for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by competitor. The litigation resulted in in a favorable confidential settlement. 

Amanda handled the trademark licensing and rights of publicity issues on behalf of DSW and Vince Camuto in negotiating a partnership with Jennifer Lopez to create a footwear line.

Russ manages and prosecutes the extensive patent portfolio of Mueller Water Products, Inc., a multinational corporation of companies producing a wide variety of water system products, such as water meters, valves, fittings, fire hydrants, pipes, leak detection equipment and communication systems, and other various water accessories.  Russ has overseen the issuance of dozens of utility and design patents for Mueller over the course of his career.

Russ manages and prosecutes the intellectual property portfolio, including patents and trademarks, of and provides licensing advice for Tie Down, Inc., a Georgia Manufacturer of construction, marine, and agricultural equipment.

Russ manages and prosecutes the extensive patent portfolio of Pratt Industries, Inc., a major manufacturer of corrugated cardboard products and related equipment, including numerous utility and design patents covering home delivery boxes, insulated boxes and bags, plastic wrap dispensers, glass packaging, and bag stands.

Prepared and filed utility and design patent applications to protect the We Leash, a training leash sold by start-up company We For Dogs.  Both applications eventually issued into patents.

Prepared, filed, and obtained an issued patent for an optometry eye template for a solo inventor optometrist for the use of easy diagnosis of glaucoma.

Filed and obtained issuances for dozens of design patents covering a wide range of consumer products, such as Christmas ornaments and serving products, hats and hat brims, high-heel shoes, medical bracelets, measurement tools, pipe couplings and gaskets, and clothing.

Achieved a total dismissal of all claims against our client in a nine-figure trademark infringement case in the Western District of Texas. Our team used dispositive motions to resolve all of the claims, which accused our client Bankrate of trademark infringement and unfair competition based on the use of the plaintiff’s licensed trademark in Google searches and keyword advertising.

Achieved a total victory for our client in a $10 million trademark infringement matter in the Western District of California, effectively using a summary judgment motion to cancel the plaintiff’s trademark and dismiss all infringement claims against our client. Our team demonstrated that our client had common-law priority over the plaintiff, which had a federal trademark registration.

Amanda Hyland handles trademark enforcement for a 2,500-location national restaurant chain.

Amanda Hyland litigated a trademark dispute in the Trademark Trial and Appeal Board achieving a favorable settlement in a dispute between two chartered credit unions.

Taylor English Duma LLP obtained a favorable settlement for its client Anvil International, a national pipe coupling manufacturer, in more than a dozen opposition proceedings in the Trademark Trial and Appeal board filed against Home Depot.

Amanda Hyland represents Cradle to Cradle Products Innovation Institute in its trademark portfolio and licensing matters, including its extensive international trademark certification program whereby it certifies products as meeting certain environmentally sustainability standards.

Taylor English attorneys successfully prosecuted the Grildaf USA, Inc. v. Momma Goldberg’s Deli, Inc. opposition proceeding involving competing restaurant chains that used GOLDBERG’S as part of the mark.

Amanda Hyland is outside intellectual property counsel for SiteOne , a wholesale landscaping supply company formerly known as John Deere Landscapes. Ms. Hyland provides national and international trademark portfolio management for SiteOne’s hundreds of trademarks, including counsel on matters relating to intellectual property disputes, new brand development, and global IP management.

Tie Down, Inc. v. Rooftop Anchor, Inc. (N.D. Georgia)

Initiated lawsuit for Tie Down, Inc. to seek a declaratory judgment of non-infringement for a competitor's design patent relating to a roofing safety product. The case resulted in a favorable settlement for the client. 

American Process, Inc. et al. v. GranBio Investimentos S.A. et al. (N.D. Georgia)

Brought suit on behalf of clients that develop and license technologies for creating second-generation biofuels, such as cellulosic ethanol, against related Brazilian companies for, e.g., trade secret misappropriation under the federal Defend Trade Secrets Act and breach of an engineering services agreement with our clients. 

Volt Plus LLC v. Crown Cell, Inc. (N.D. Georgia) & (E.D. New York)

Defended Amazon seller and individual defendants in Georgia action involving complaints made to Amazon about competitor's conduct. After successfully obtaining a dismissal of multiple defendants in the Georgia case, our firm filed an offensive action for trademark infringement and counterfeiting in New York. The parties reached a confidential settlement shortly after the New York case was filed.

Keystone Global LLC v. eBay, Inc. et al. (E.D. New York)

Obtained favorable settlement for HiPacking, Inc., a fulfillment center for products sold on eBay, in patent infringement case brought by license plate bumper manufacturer. 

Recovered for home builder for copyright infringement of architectural plans and obtained injunction.

Represented defendant telecommunications conglomerate in patent declaratory judgment action concerning six cable network data prioritization patents it owned. Achieved dismissal of case initially for lack of subject matter jurisdiction under declaratory judgment act and after reversal at the Federal Circuit Court of Appeals, achieved dismissal for lack of personal jurisdiction.

Cooper Lighting, LLC v. Cordelia Lighting, Inc. (N.D. Georgia)

Represented Cordelia Lighting, a provider of lighting fixtures and accessories, in defense of a patent infringement action brought by a competitor involving multiple patents relating to recessed, LED lights, and helped to win a dismissal of plaintiff's claims for willful infringement. 

Gillespie v. Prestige Royal Liquors, et. al. (N.D. California)

Led defense of Fusion Glassworks, a custom glass designer, and Private Label Distillery, a provider of distillery services, in litigation brought in California involving alleged design patent infringement. Successfully obtained early dismissal for our clients. 

Sprinturf, LLC v. UBU Sports and Maumee Bay (N.D. Ga.)

Served as counsel to UBU Sports and Maumee Bay Turf Center, premier providers of synthetic turf systems for use in a variety of sporting events, in patent dispute brought by a competitor. 

Lyssa Networks, LLC v. VeriCheck, Inc. (E.D. Texas) & (PTAB)

Represented VeriCheck, Inc., a leading ACH payment processor, in E.D. Texas litigation against a patent troll.  As part of our defensive strategy, we prepared and filed a petition with the USPTO for Covered Business Method review and argued that the asserted patent claims were invalid under Section 101 for being directed to patent ineligible subject matter.  The parties reached a confidential settlement ...

Represented an individual accused of misappropriating trade secrets and confidential information from a former employer.  Engaged in extended negotiations with the plaintiff's counsel and ultimately reached a favorable settlement for our client.

Modtruss, Inc. v. BattleFrog, LLC (N.D. Georgia)

Successfully defended a motion for a temporary restraining order and preliminary injunction brought against our client, BattleFrog, LLC, a company that organizes and stages obstacle-course races. The stakes in this case were very high, as plaintiff Modtruss, Inc., sought to prevent the airing of a recent BattleFrog race on ESPN and to enjoin our client from putting on additional races based on claims of alleged ...

Amanda Hyland represents Red Ventures, a portfolio of digital brands that include Bankrate, The Points Guy, creditcards.com, Healthline, and reviews.com. She provides day-to-day outside counsel on matters of media, advertising, and intellectual property to Red Ventures and manages its trademark portfolio.

Amanda Hyland represented a Denver liquor distillery in trademark and rights of publicity claims arising from a dispute between Jimi Hendrix’s heirs and other family as to the right to use the term “Purple Haze.” Ms. Hyland obtained a full dismissal of claims against the distillery.

Represented international nonprofit ministry in sale of trademark rights to Daystar Television network.

Represented production company in intellectual property matters, including the negotiation of the full transfer to our client of all copyright in screenplays for a television series.

Taylor English is outside intellectual property counsel to ATLA, which hosts the largest dance career convention in the country, bringing together the top choreographers and dancers from around the world.

Led defense of Georgia-based company in patent and trade dress litigation involving a consumer product. After initial aggressive discovery and a mediation, we achieved a favorable settlement for the client.

Adair v. Boat Dock Innovations, LLC, et. al. (N.D. Georgia)

Led the defense against an inventor/patentee in a case involving claims of infringement of a patent related to a boat dock ladder. Successfully petitioned the USPTO to reexamine the asserted patents—resulting in cancellation of all claims of one patent and significant narrowing amendments to the remaining patent’s claims. After a favorable claim construction ruling from the Special Master, the case ...

Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, ICH Intellectual Capital Holdings, Inc., for infringement of patents related to automated meter reading technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. ICH Intellectual Capital Holdings, Inc. v. Badger Meter, Inc., et. al.

Represented Mueller Water Products, Inc. in action against Datamatic Ltd. alleging patent infringement of Mueller’s patents for technology relating to Advanced Metering Infrastructure (AMI) systems. Negotiated a favorable settlement with defendant. Mueller International, LLC et al v. Datamatic Ltd.

Led the defense of generic pharmaceutical company in a case involving allegations of false advertising and infringement of a patent related to prenatal vitamins and iron supplements. The parties reached a confidential settlement right before trial. Mission Pharmacal Co. v. Virtus Pharma., LLC (W.D. Texas)

Represented Mueller Water Products, Inc. in suits for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by defendant, non-misappropriation of the defendants’ alleged trade secrets, and validity, inventorship, and ownership of client’s patent. Mueller Systems, LLC et al v. Teti et al. (E.D. Virginia and D. Massachussetts)

Represented several outdoor advertising companies in actions brought by a patent troll, T-Rex Property AB, for infringement of patents related to digital advertising technology.  The parties reached a confidential settlement.

Successfully transferred, deferred, or achieved dismissal of numerous patent infringement suits brought against a client’s distributors in favor of declaratory judgment suit filed by the client, the product manufacturer.

Anvil International, LLC v. Victaulic Company (PTAB)

Obtained rulings from the USPTO’s Patent Trial and Appeal Board finding all challenged claims invalid in reexamination proceedings involving patents of a client’s competitor in the field of mechanical pipe couplings. Rulings resulted in a favorable settlement for the client.

Won a significant jury verdict in the Northern District of Georgia under the Anti-Cybersquatting Consumer Protection Act (ACCPA) for a national provider of industrial and commercial waste and recycling solutions. The jury awarded full statutory damages, and the Court later awarded $185,000 in attorneys' fees to our client. The jury award and the attorney’s fee award were upheld on appeal to the 11^th Circuit Court of Appeals. 

The Massachusetts case, brought on behalf of Mueller Co., alleged that a competing fire hydrant distributor was making false claims about the characteristics and origin of Mueller’s fire hydrants and falsely claiming its hydrants were comparable to Mueller’s hydrants. Mueller asserted claims for trademark infringement, product disparagement, libel, and unfair competition. At the close of discovery, the defendant agreed to an injunction to cease all ...

Serves as outside counsel for all media, merchandising, blogging, copyright, trademark, and social media inquiries for several national conservative non-profit groups, including Tea Party Patriots and Center for Self Governance. 

Obtained consent injunctions in cases pending throughout Southeastern United States. Ceased the importation and sales activities of nearly one dozen gray market Yanmar tractor importers.

Resolved several cases in which client, a national gift and home goods manufacturer, asserted trade dress and design patent infringement claims against competitors. The cases involved the popular cylindrical packaging for wine glasses.

Represented a national athletic goods manufacturer in case defending the client's trademark registration in the color blue for tennis grip tape. Achieved favorable ruling from bench trial in the Northern District of Georgia in which the court upheld our client's trademark registration.

In a case involving allegations of copyright infringement of interior design portfolio photographs and related defamation claims, we achieved a settlement for our client, Meg Adams Interior Design, Inc.

Defended and achieved settlement in copyright infringement lawsuit brought in the Northern District of Georgia by a former employee of our client, a video production company. The former employee claimed to own the copyright in the commercials produced by our client.

Initiated and resolved trademark litigation for GradSave, a college savings plan company. The lawsuit, filed in the Southern District of Florida, asserted claims for trademark infringement against another web company using the mark “GradSaver.” The matter was settled confidentially.

Currently representing Gulf Synthetics in an action brought by former business partner and his new company claiming trademark infringement, defamation and trade secret misappropriation relating to the deck coatings business.

Achieved successful resolution of lawsuit involving copying of clients' "ABC’s of Life" poem, which was reproduced without permission on posters and plaques.

Represented Symco Group, Inc., a company that serviced check processing equipment, in a copyright infringement and trade secret action in the Northern District of California. The plaintiff alleged that Symco, as part of its regular servicing process, was improperly accessing the plaintiff’s software and therefore violating its copyrights in the software source code that was embedded in the check processing equipment. Following the court’s dismissal of ...

Achieved favorable settlement for client defending claims of copyright infringement for medical billing software.

Defended, and successfully settled, copyright infringement lawsuit brought against book publisher client that had used plaintiff’s photograph in book.

Represented Byrne Medical in patent infringement and false marking case relating to endoscopic devices. Negotiated favorable confidential settlement.

Represented Mueller Water Products, Inc. in action against Singer Valve, Inc. and Singer Valve, LLC alleging patent infringement of Mueller’s patent for an apparatus for the enhancement of water quality in a subterranean pressurized water distribution system. Negotiated a favorable settlement with defendants. Mueller Water Products, Inc. v. Singer Valve, Inc. and Singer Valve, LLC.

Represented a global leader in mobile communications in a wide-ranging patent dispute against a competitor over patents relating to computer software, wireless communications, and touchscreen technology. The litigation resulted in a favorable settlement and license agreement.

Create master agreements covering A&R executives and recording artists for fledgling music label. Advise on royalty structure, buy-out, rights and other matters. Complete buy-out of rights from prior producer in exchange for participation in new recording agreement.

Represented leading carpet manufacturer and a subsidiary in defending a large trade secret case involving a method for manufacturing carpet cores from recycled materials. The parties reached a confidential settlement right before trial.

Led defense of case involving allegations of patent infringement and related claims based on a method of mapping SEC compliance information into a usable format. We obtained a dismissal of the patent infringement claim and then reached a confidential settlement on the related claims. NewRiver, Inc. v. Prospectus Central, LLC.

Joao Control & Monitoring Systems v. Comverge, Inc. (N.D. Georgia)

Handled the defense of a case for Comverge, Inc. in which the plaintiff, a non-practicing entity, claimed that Comverge infringed certain claims of a patent related to premises-monitoring technology. Successfully obtained a stay pending Inter Partes Reviews. The case was ultimately dismissed with prejudice, with no recovery from our client.  

Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, Endeavor MeshTech, for infringement of a patent related to premises-monitoring technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. Endeavor MeshTech, LLC v. Mueller Water Products (D. Delaware)

Led the defense of H-E Parts against ESCO Corporation in a case involving allegations of trademark infringement and infringement of a patent related to excavator teeth on heavy equipment. We negotiated a favorable settlement with plaintiff. Esco Corporation v. H-E Parts et al.

Led the defense of Royal Metal against an inventor/patentee in a case involving claims of infringement of a patent related to industrial package assemblies. We negotiated a favorable settlement with plaintiff. Gray v. Royal Metal et al.

Handled two cases for separate defendants, Ascendx Spine and Sintea Plustek, LLC, in the District of Delaware. Both cases were brought by Orthophoenix, LLC, a non-practicing entity, and involved claims of infringement of certain patents involving medical device technology. The parties in both cases reached confidential settlements. Orthophoenix, LLC v. Ascendx Spine; Orthophoenix, LLC v. Sintea Plustek.

Handled the defense of Allure Global in a case brought by a non-practicing entity, Activelight, Inc., involving allegations of infringement of patents related to digital signage. The parties reached a confidential settlement. Activelight, Inc. v. Allure Global, et al. (N.D. Ga.)

Led defense of third-party claims for defense and indemnification in patent infringement case involving technology designed to obscure credit card numbers on receipts. The parties reached a confidential settlement. Ware v. Genesco v. Micros Systems, Inc. and Datavantage Corporation.

Handled the defense of Expression Beauty Works in a case involving claims of infringement of a patent related to crackle nail polish. Negotiated a favorable settlement with plaintiff. Kirker Enterprises v. Expression Beauty Works.

Provided counsel to client Seagate Technology LLC on IP matters and provided patent prosecution services. Seagate of Cupertino, California, one of only a few major manufacturers of hard disc drives and other complex storage products, has an excellent reputation for intellectual property management. We have provided counsel to this client on IP matters and provided patent prosecution services.

Prepared and filed a utility patent application for a new fastening technology and a machine and process for implementing the technology in an automobile industry application. The client, a multinational manufacturer of fastener products, developed the technology.

Prepared a utility patent application and two design patent applications for a new consumer product. The product was developed by a local Atlanta resident who developed the product as a side business with the help of local business partners.

Drafted and prosecuted multiple patent applications for new technologies in the packaging industry and industrial valve industry.

Drafted and prosecuted multiple patent applications for new engine technologies for implementation on small passenger aircraft.

Led defense of claims of misappropriation of trade secrets and breach of loyalty in connection with departure of group of employees and establishment of competitive business. The parties reached a confidential settlement. Wells Fargo Foothill, Inc. v. Cratos Capital Partners, LLC.

Represented HD Supply in defending claims of breach of licensing agreement with software provider. Obtained quick dismissal of the case with prejudice. Appsense, Ltd. v. HD Supply Construction Supply, Ltd.

Prevailed on summary judgment (affirmed on appeal by the Eleventh Circuit) on behalf of American Express in major copyright infringement action involving maps of Atlanta in a dining guide. Crownfire Publications v. American Express.

After two-week jury trial in federal court in Atlanta, won a multi million-dollar verdict, including attorneys’ fees, on behalf of plaintiff (a company involved in 3-D imaging technology) for its failed acquisition by defendant. ND3D, B.V. v. Image Technology International, Inc.

Led defense of New Hampshire-based company in patent and trade dress litigation involving drop prevention products. Assisted prosecution counsel with successful petition for Inter Partes Review at USPTO and successfully deferred related litigation, resulting in a favorable settlement for the client.

Assisted the Atlanta Braves in their trademark clearance process.

Successfully defended non-profit advocacy group against claim that it did not own rights to its name.

Defended nation’s leading provider of health care services in patent infringement litigation concerning electronic medical records systems. The case was ultimately dismissed with prejudice, with no payments from the client.

Represented one of the world’s largest mobile communications companies in a successful defense at trial in an International Trade Commission investigation involving RF circuitry and baseband software in mobile phones.

Represented client in securing exclusion order through trial preserving client’s $50 million annual market position.

Represented client in securing settlement of multi-party/multi-patent litigation allowing underwritten sale of publicly traded corporation.

Represented client in securing fee award from the ITC penalizing adverse parties conduct during investigation. 

Represented client in securing $2 billion settlement of multi-patent litigation.

Represented client in securing ITC exclusion order in multi-party/multi-country investigation, and using ITC investigation to suspend actions in foreign national jurisdictions.

Represented patentee in obtaining jury verdict against infringer resulting damages/fees/costs.

Represented patentee in jury trial resulting in multi-million dollar damages after successful defense of client’s patent portfolio.

Represented client in securing settlement in multi-party litigation preserving patentee’s retail market position.

Represented clients in defending against patent troll litigations, with a record of defeating troll patentees’ claims for damages.

Represents Red Ventures, a portfolio of international and domestic digital brands that includes Lonely Planet, Creditcards.com, Motgage-calc.com, CD.com, The Points Guy, Quizzle, and Bankrate.

Represents domestic breweries, restaurants and lifestyle brands in various portfolio management and trademark enforcement matters.