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.