Patent Litigation
In addition to representing clients in complex patent litigation throughout the U.S., Benesch has a full-service patent practice featuring registered patent attorneys with diverse technical backgrounds. We represent clients in every phase of the patent process in the U.S. and coordinate patent-related activities outside the U.S.
We also represent clients on a variety of other patent-related matters, including clearance of new products, design around alternatives, and enforcement programs. In short, Benesch’s patent litigators have produced positive results on a consistent basis for our clients and our patent practitioners have obtained important patents on a wide variety of technologies. Our patent attorneys regularly speak and write about patent issues of interest to clients, the bench and the patent bar.
Experience
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Represented Surron in a design patent infringement case involving its electric off-road motorcycle, securing a complete trial victory after a one-week jury trial. Directed and cross-examined design expert witnesses for both parties at trial. The jury found that the defendants infringed the design and acted willfully in launching competing products.
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Represented ASUSTek Computer in a federal bench trial involving semiconductor design in the Eastern District of Texas, delivering the opening statement and conducting the direct examination of the client’s technical expert.
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Benesch, serving as co-counsel with Irell & Manella, secured a complete victory for Gamon in a six-day jury trial in a long-running patent infringement dispute with Campbell’s involving gravity-fed display racks. After more than a decade of litigation, the jury unanimously confirmed patent validity and awarded Gamon $17 million in damages against Campbell’s, and over $400,000 against a Campbell’s supplier.
- Defended ComEd, an Exelon company, against claims of breach of contract stemming from a series of disputes following termination of a significant construction relationship. After a week-long trial, the Court found for ComEd on virtually all issues. The matter is now being appealed by the plaintiff.
- Second-chaired trial for a global medical imaging company in litigation against a key competitor asserting patents related to scintillation crystals used in PET scanners, helping to secure a $50M+ jury verdict and award for the client.*
- Represented a global agricultural chemical company in patent ownership litigation involving three other parties claiming rights to genetically modified crop technology, resulting in a favorable settlement for the client on the eve of trial.*
- Led the defense of a leading maker of consumer electronic devices in multiple patent litigations against non-practicing entities that were favorably resolved without any payment from the client.*
- Represented a global innovator pharmaceutical company as trial counsel in Hatch-Waxman ANDA litigation relating to a leading opioid dependence treatment product, examining key expert witnesses relating to the validity of Orange Book-listed patents.*
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Defended a designer and manufacturer of surfing simulator water rides in bet-the-company patent and breach of contract litigations and related inter partes review proceedings and Federal Circuit appeals. These representations resulted in one patent being canceled, another being found invalid and a district court award of significant attorneys’ fees.*
- Defended a content delivery network client in multi-patent litigation that resulted in a full defense jury verdict.*
- Abbott Laboratories et al. v. Watson Laboratories, Inc.-Florida et al. (D.N.J. 2010). Represented Watson in a Hatch Waxman litigation related to choline fenofibrate sold by Abbott as Trilipix®.
- Alliance v. Altivity (W.D. Wash. 2007). Patent and trade secret case relating to containers for packaging cat litter.
- Alticor Inc., Amway Corp. and Quixtar Inc. v. NCR Corp. (W.D. Mich. 2007). Represented plaintiffs in an action seeking a declaratory judgment of non-infringement and invalidity of seven NCR patents relating to e-commerce.
- AOL, Inc. v. Yahoo! Inc. (S.D.N.Y. 2009). Multi-patent infringement litigation relating to internet advertising technology.
- AstraZeneca LP v. Sandoz Inc. (D.N.J. 2010). Represented Sandoz in a Hatch Waxman litigation related to budesonide sold by AstraZeneca as Pulmicort®.
- Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing the Same, ITC Inv. No. 337-TA-855. Counsel for respondent Skullcandy defending against claims of patent infringement relating to manufacturing processes for magnets.
- Draeger Med. Sys., Inc. v. Atom Med. Int’l, Inc. and Philips Elecs. N. Am. Corp., d/b/a Philips Healthcare, Case No. 2:12-cv-00512-UA-DNF (M.D. Fla. 2012). Represented Atom Medical in patent infringement action relating to infant warmers and incubators.
- Dyson, Inc. v. LG Electronics USA, Inc. (N.D. Ill., 2012). Counsel in patent infringement action pertaining to vacuum cleaners, responsible for formulating noninfringement and invalidity defenses. Case currently stayed pending inter partes reexamination.
- GHJ Holdings LLC v Plasticade Products Corporation (E.D. Tex. 2010). Defended Plasticade against false marketing allegations.
- Gramm v. John Deere and Company, (N.D. Ind. 2014). Represented Deere in patent infringement lawsuit relating to corn crop headers. Responsible for formulating and proving up non-infringement and invalidity defenses.
- Grupo Bimbo, S.A. B. de C.V., et al. v. Snak-King Corp., et al., (C.D. Cal. 2013). Represented Grupo Bimbo in dispute over trademarks, trade dress, patent and unfair business practices.
- ICOR International, Inc. v. DuPont (S.D. Ind. 2010). Brought declaratory judgment action relating to refrigerant compositions.
- In the Matter of Certain Thermal Support Devices, Infant Incubators, Infant Warmers, and Components Thereof, ITC Inv. No. No. 337-TA-896. Counsel for Atom Medical in ITC action relating to infant incubators and warmers.
- Jackson v. Contour, et al. (N.D. Ill. 2007). Co-lead counsel in a pro bono matter relating to an inmate's contraction of tuberculosis.
- King v. Chapman, et al. (N.D. Ill. 2009). Co-lead counsel in a pro bono matter relating to the violation of an inmate's 8th Amendment rights.
- Lennon Image Technologies, LLC v. Skullcandy, Inc. (D. Del. 2012). Represented Skullcandy in patent infringement action pertaining to virtual image interface technology.
- Noven Pharms., Inc. v. Watson Labs., Inc. et al. (D.N.J. 2011). Represented generic client in Hatch-Waxman patent litigation in a first to file (FTF) opportunity related to a methylphenidate transdermal patch sold by Noven as Daytrana®.
- PRE Holding, Inc. v. Monaghan Medical Corp., et al. (E.D. Va. 2009). Represented client in a patent infringement case relating to medical devices.
- S-Line LLC v. Squyres et al., (N.D. Tex. 2014). Represented patentee S-Line in patent infringement action involving bulkheads used for cargo containers. Managing day-to-day activities including discovery and responsible for infringement case.
- Teijin, Inc. et al. v. Alembic Pharms. Ltd. (D. Del. 2013). Representing Alembic as a first to file applicant in Hatch-Waxman litigation involving Uloric® (febuxostat). Responsible for managing day to day activities and primary client contact.
- Yakima Products, Inc. v. Saris Cycling Group, Inc. (D. Or. 2009). Represented Saris Cycling Group, Inc. in a patent litigation relating to bicycle racks.
- Represented Surron in a design patent infringement case involving its electric off-road motorcycle, securing a complete trial victory after a one-week jury trial. The jury found that the defendants infringed the design and acted willfully in launching competing products.
