We represented the plaintiff in a patent infringement lawsuit relating to a patent on an award-winning toy. We won a preliminary injunction for our client and then obtained contempt sanctions against the defendants for violating the injunction. The defendants appealed both the granting of the preliminary injunction and the awarding of contempt sanctions. We ultimately settled the appeal and the underlying litigation on very favorable terms for our client.
Patent Infringement Case Settles on Appeal Before Federal Circuit Court
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We represented nutritional supplement manufacturing company, Natural Alternatives International, Inc. (Nasdaq: NAII), in a Federal Circuit Court of Appeals case in which our client had brought claims against rival Creative Compounds LLC, accusing Creative Compounds of infringing six of its patents covering various forms of beta-alanine and its use as a muscle-building supplement. The Southern District of California had dismissed the suit, finding the patent claims to be directed toward a product of nature (beta-alanine) and a law of nature (that taking beta-alanine in sufficient quantities builds muscle) and thus patent-ineligible. On appeal, a split panel sided with our client, finding the district court applied too broadly the ineligibility doctrine of the “Alice/Mayo test” and that, although beta-alanine itself can occur as a natural substance, the claims containing beta-alanine as one aspect covered more than an unpatentable natural law.
Law360 provided analysis of the case in the articles:
- “Fed. Circ. Clarifies Alice In Reviving Supplement Co.’s IP Suit,” March 15, 2019)
- “Law360’s Weekly Verdict: Legal Lions & Lambs,” (March 21, 2019)
Represented Life Technologies Corp. in a Federal Circuit Appeal stemming from a 2017 Patent Trial and Appeal Board (PTAB) decision in a covered business method proceeding (CBM). Michael Kiklis represented Life Technologies in two covered business method proceedings: one was filed in 2014 and the other was filed in 2015. Life Technologies prevailed in both proceedings with the PTAB finding that all challenged claims of Unisone Strategic IP Inc.’s inventory management patent recited ineligible subject matter pursuant to 35 U.S.C. § 101. This appeal involved the second CBM. Unisone chose not to appeal the first CBM. The Federal Circuit heard oral argument on December 4, 2018, and then affirmed the PTAB’s decision less than one week later.
Representation of software company in “bet-the-company” litigation involving trade secret misappropriation, trademark claims, unfair competition, defamation, and various cyber-torts