Experience

Patent Litigation: Chemicals

Defended chemical company in patent case involving patents related to termites and animal health, and was heavily involved in expert reports and discovery, as well as Markman and summary judgment motions; obtained favorable claim construction ruling and filed strong summary judgment motion of invalidity, leading to the case being settled hours before argument on summary judgment motion.

Patent Litigation: Golf Balls

Represented large golf equipment manufacturer in case in U.S. District Court for the District of Massachusetts against numerous golf ball sellers over patents relating to aerodynamics of golf balls; defeated a motion to dismiss and obtained favorable settlements with all defendants early in proceedings.

Patent Litigation: Golf Clubs

Defended large golf equipment manufacturer against competitor who alleged that several golf clubs infringed a patent; obtained summary judgment of non-infringement for all golf clubs and claims from U.S. District Court for the Eastern District of New York, defended decision on appeal to the U.S. Court of Appeals for the Federal Circuit, and obtained second summary judgment of non-infringement after initial decision was partially vacated on appeal.

Patent & Trade Secret Litigation: IT Infrastructure Software

Represented large provider of IT management solutions in lawsuits in U.S. District Courts for the Eastern District of New York and the Northern District of California against competitor alleging infringement of patents relating to object code instrumentation and misappropriation of trade secrets; took the lead in discovery matters, argued several Daubert motions in court and participated in successful settlement negotiations of all matters shortly before trial.

Patent Litigation: Medical Device

Defended company medical device manufacturer against claimed infringement of expired patent relating to laser hair removal; obtained stay of matter pending reexamination of patent, which resulted in cancelling of all allegedly infringing claims and dismissal of case against client.

Patent Litigation: MEMS Microphones

Represented large semiconductor manufacturer in an ITC investigation and parallel district court proceeding in U.S. District Court for the Northern District of Illinois, defending against two patents owned by a competitor relating to microelectromechanical systems (MEMS) microphones; instrumental in prevailing in a rare initial determination proceeding (akin to a preliminary injunction hearing), in which an administrative law judge found the competitor's patents were invalid, and then in proving invalidity at full merits hearing; ITC affirmed both invalidity determinations.

Patent Litigation: NPEs

Represented many companies over the years in patent litigations brought by numerous non-practicing entities, including in U.S. District Courts for the Eastern District of Texas, District of Delaware and Northern District of California; aggressively pursued early motions and uncovered key prior art that led to favorable settlements for his clients.

Patent Litigation: Ride Sharing

Represented car sharing company in patent litigation in D. Mass; developed key non-infringement argument and convinced plaintiff to dismiss suit with prejudice before deadline to file Answer.

Patent Litigation: Semiconductors

Represented semiconductor manufacturer in patent case against competitor in litigation in U.S. District Court for the District of Delaware, in which both sides asserted patents relating to power management and A-D converters; conducted Markman hearing and obtained favorable construction, leading to the case being settled on favorable terms shortly after fact discovery began.

Patent Litigation: Speech to Text Software

Represented company that developed speech-to-text software in action against large software company for patent infringement; successfully transferred case from E.D. Tex. to D. Mass; obtained favorable claim construction ruling; and matter settled after business resolution between the parties.

Patent Litigation: Telecommunications

Defended three major telecommunications companies against patent claims relating to VoIP technology in U.S. District Court for the Eastern District of Texas; took lead in preparing pretrial filings and assisted with trial witness preparation; case was settled after the third day of trial for a fraction of the original demand.

Patent Litigation: Telecommunications

Defended large telecommunication company in patent litigation in U.S. District Court for the Northern District of Texas brought by a competitor over eight patents relating to encryption, unified communications, messaging, and audio and video codecs; filed four petitions for Inter Partes Review with the Patent Office, and obtained institution on all of them; case settled favorably shortly thereafter.

Patent Litigation: Video Monitoring Software

Represented company that provides intelligent video monitoring products who sued larger competitor for infringement of patent related to video monitoring and for theft of trade secrets in U.S. District Court for the Central District of California; case settled favorably during fact discovery after Mr. Stern took key deposition of engineering employee of defendant.

Patent Litigation: VoIP

Defended three telecommunications networking companies in E.D. Tex. against accusation of infringement of patents relating to VoIP technology; lead responsibility for witness who testified at trial about key prior art; case settled the next day for a fraction of the original demand.

Copyright Litigation: Software

Defended large manufacturer and reseller of telecommunications equipment against copyright infringement, breach of contract and misappropriation of trade secret claims involving Simple Network Management Protocol (SNMP) in numerous cases filed in U.S. District Court for the District of Delaware and U.S. Bankruptcy Court for the District of Delaware; was responsible for the day-to-day conduct of all cases, took and defended numerous fact and expert depositions, and was instrumental in filing summary judgment and Daubert motions, as well as numerous other pretrial motions; all cases were settled within days of trial of lead case.

Trade Secret & Unfair Competition Litigation: Healthcare

Defended national healthcare consulting firm on misappropriation of trade secrets and contract claims brought by competitor in Texas state court; defended against preliminary injunction, argued numerous discovery and pretrial; settled weeks before trial.

Trade Secret & Unfair Competition Litigation: Telecommunications

Represented large international manufacturer and seller of telecommunications equipment to all major wireless providers against a supplier in a breach of contract, theft of trade secrets and unfair competition action brought in the Commercial Division of the New York State Supreme Court, a case in which the plaintiff brought two separate preliminary injunction motions to stop our client from selling key hardware and software that is instrumental in sending data over Code-Division Multiple Access (CDMA) wireless networks; the case was settled favorably during a hearing on second preliminary injunction when it became clear that plaintiffs motion was unlikely to succeed.

Trademark Litigation: Multimedia

Defended multi-platform media company in trademark infringement and unfair competition matter in U.S. District Court for the District of Massachusetts; integral member of trial team; obtained complete defense verdict after bench trial.

Firm Highlights

Event

Don't Get Caught: Traps for the Unwary in Employer DE&I Initiatives

Please join us and ACC Northeast's Diversity, Equity & Inclusion Committee as we sponsor this interactive discussion regarding the legal landscape surrounding various organizational diversity, equity and inclusion initiatives and the legal pitfalls organizations...

News

Nine Verrill Attorneys Named Top Lawyers in Fairfield County

(April 8, 2021) – Verrill is pleased to announce nine of the firm’s attorneys in its Westport, Connecticut office were ranked as Top Lawyers in Fairfield County by Moffly Media, the publishers of popular...

Blog

ESG Ping-Pong®

The recent regulatory back-and-forth over the investment of ERISA-governed retirement plan assets based on environmental, social, and corporate governance (“ESG”) factors has demonstrated that ESG investing will remain under an intense spotlight for some...

Event

Issues in Maine Energy and Electric Utility Regulation

On Thursday, April 22 attorneys Bill Harwood and Scott Anderson will be presenting for HalfMoon Education Online Learning's Issues in Maine Energy and Electric Utility Regulation, an interactive webinar. In the webinar, attendees will...

News

Verrill Attorney Gregory Fryer Recognized as Top Author in JD Supra 2021 Readers Choice Awards

(April 8, 2021) – Verrill attorney Gregory Fryer was recognized as a top author for finance and banking in JD Supra’s 2021 Readers Choice Awards . The top ten authors were selected for each...

Publication/Podcast

The Massachusetts Supreme Judicial Court Clarifies the Contours of the Attorney-Client Privilege and Work Product Doctrine in Internal Investigations

In Attorney General v. Facebook, Inc. , No. SJC-12496 (March 24, 2021), [i] the Massachusetts Supreme Judicial Court clarified the scope of protection afforded by the attorney-client privilege and the work product doctrine to...

Publication/Podcast

Employers Required to Give Free COBRA Coverage to be Offset by Medicare Tax Credits

Among other things, the American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, provides “assistance eligible individuals” (“AEIs”) who lose their health insurance coverage under an employer’s group health...

Matter

Verrill Helps Hancock Solar Project Obtain MDEP Permit, Protect Upland Sandpipers

The 14-megawatt Hancock Solar project in the town of Hancock, Maine has obtained its Site Law permit from the Maine Department of Environmental Protection. Verrill assisted the project with environmental permitting, which included the...

Matter

Representative Litigation Matters

Represented one of the nation's largest geotechnical subcontractors in claims against a major general contractor arising from construction of pier improvements at an East Coast naval facility Led defense trial team in a four-week...

Blog

Identifying Plan Assets in ERISA Health & Welfare Plans

Last month, we advised readers of this blog to consider efforts to formalize the fiduciary governance of their health and welfare benefit plans. In that post , we described some of the reasons that...

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