As part of our Intellectual Property practice, Bartko patent litigators routinely represent both plaintiffs and defendants in trial courts throughout the United States, including in well-known patent litigation venues such as Delaware, the Eastern District of Texas, the Eastern District of Virginia, and in the Firm’s home district, the Northern District of California. The key to patent litigation is not just understanding litigation tactics. Success also depends upon mastering the technology and the ability to explain complex technologies to judges and juries in a clear and persuasive manner. Bartko litigators have handled matters in a broad array of technologies including mechanical devices, software, biotech, wireless communications, mobile technology, computer security, and computer equipment. Some of our patent litigators have technical backgrounds and are admitted to practice before the Patent Office. Unlike classic big firm “litigators,” all of our patent litigators have experience trying cases to verdict. Together, we are able to analyze the critical technical issues, develop an effective litigation strategy, and present winning arguments to judges and juries. With these skills, Bartko patent litigators have secured victory at trial, succeeded in dispositive motion practice and achieved favorable settlements.
Bartko attorneys have counseled entities of all sizes – from Fortune 500 companies with thousands of employees worldwide to small businesses – through the complexities of a patent dispute. Whether a case requires scaling up to handle large “bet the business” matters, adjusting for more modest litigations, or having the long-term commitment required for IP licensing programs, Bartko’s mid-sized litigation practice has the flexibility and experience to meet our clients’ needs. The lack of big-firm overhead means that Bartko can be cost effective for smaller cases, especially when working with multiple defendants. We understand that cost matters and not all cases should be litigated without limits. At the same time, Bartko attorneys have gone toe-to-toe, and prevailed, against some of the largest law firms in the country.
Although Bartko is willing and able to take a case to trial to best protect our client’s interest, we understand that sometimes settlement is the prudent way to resolve a dispute. The Firm has an extensive alternative dispute resolution practice. Several of the Firm’s lawyers are court-approved mediators. We bring this expertise to the table, along with experience licensing intellectual property, to help clients obtain the best possible resolutions.
Also, in conjunction with our litigation practice, Bartko attorneys have vital experience handling Federal Circuit appeals. Our job is not just to achieve victory for our clients; we consistently preserve those results on appeal.
Representative Patent Clients
- Parity Networks
- Sun Microsystems
Dali Wireless, Inc. v Corning Optical Communications, LLC
(N.D. Cal.). Co-counsel for plaintiff in patent infringement suit regarding distributed antenna systems for wireless communication networks.
Vir2us, Inc. v. Sophos Inc., et al
(E.D. Va.). Obtained summary judgment for plaintiff that Defendants breached patent license agreement by not paying adequate royalties.
Parity Networks, LLC v. Juniper Networks, Inc.
(N.D. Cal.). Representing plaintiff in patent infringement suit regarding data transfer on communication networks.
Natera, Inc. v. Sequenom, Inc.
(N.D. Cal., Fed. Cir.). Represented declaratory judgment plaintiff asserting that patent-in-suit relating to non-invasive, prenatal genetic testing is not valid and not infringed. Obtained summary judgment of invalidity under 35 U.S.C. § 101 on grounds that asserted claims are not directed to patentable subject matter. Unanimously affirmed on appeal by the Federal Circuit in 788 F.3d 1371 (Fed. Cir. 2015).
Vir2us, Inc. v. Invincea, Inc., et al.
(E.D. Va). Represented plaintiff in patent case regarding computer security products. Obtained favorable settlement on the eve of trial.
Nonend Inventions NV v. Spotify USA, Inc.
(D. Del). Represented defendant music streaming company in patent case regarding data distribution. Obtained favorable settlement prior to trial.
Mediostream v. Microsoft Corp., et al.
(D. Del). Represented plaintiff in multi-defendant patent litigation regarding video authoring software. Obtained favorable settlements prior to trial.
Innovative Automation LLC v. Kaleidescape, Inc.
(N.D. Cal). Defended digital video systems maker in patent case concerning digital copying technology. Obtained dismissal of plaintiff’s case following mediation.
Harris Corp. v. Ruckus Wireless, Inc.
(M.D. Fla., N.D. Cal.). Represented plaintiff telecommunications company in patent case concerning wireless networking technology. Obtained favorable settlement prior to trial.
Case-mate, Inc. v. Castagram Ltd. d/b/a Casetify
(N.D. Ga.). Represented defendants in patent case regarding cases for mobile phones.
Chrimar Holding Co., LLC v. Alcatel-Lucent Enterprise USA, Inc., et al.
(E.D. Tex.). Represented defendants in patent case regarding Power-over-Ethernet (PoE) technology. Obtained favorable verdict after jury trial for one defendant and favorable settlements on eve of trial for other defendants.
Genetic Technologies Limited v. Natera, Inc.
(D. Del.). Defended genetic testing company against claims of patent infringement by non-practicing entity. After obtaining transfer to the Northern District of California, the plaintiff dismissed all claims in a “walk away” agreement without payment of any damages.
Uncommon, LLC v. Castegram Ltd., d/b/a Casetify
(N.D. Ill.). Represented defendants in patent case regarding cases for mobile phones. Defeated motion for temporary restraining order and preliminary injunction, and then reached a favorable settlement early in the case.
Geron v. ViaCyte
(N.D. Cal.). Defended ViaCyte against Section 146 appeal of unsuccessful interference action based on PTO Board of Appeal’s finding of lack of enablement. Prevailed on initial motion practice and obtained successful settlement.
Antennatech, LLC v. Jamba, Inc.
(D. Del.). Represented juice drink provider in patent dispute with non-practicing entity that was successfully resolved prior to any significant litigation.
Nichia Corp. v. Everlight Electronics Co. Ltd.
(E.D. Tex.). Successfully represented leading LED package manufacturer in bench trial and appeal. Obtained favorable verdict and judgment awarding no injunction or damages.
AntiCancer, Inc. v. Carestream Health, Inc.
(S.D. Cal.). Defended medical equipment company against claims of infringement of patents concerning use of cancer cells transformed to express green fluorescing proteins. The case settled favorably after partial summary judgment of non-infringement was granted in favor of client.
Duhn Oil Tool, Inc. v. Cooper Cameron Corp.
(E.D. Cal.). Represented plaintiff in patent infringement trial related to oil and natural gas drilling equipment for “fracking.” At trial, the jury awarded client nearly $10,000,000 in damages. The case settled while on appeal.
International Printer Corp. v. Brother International Corp., et al.
(E.D. Tex.). Defended producer of imaging and printing equipment in patent infringement suit in the Eastern District of Texas regarding systems and methods for monitoring and controlling copy machines.
DR Systems, Inc. v. Fujifilm Med. Sys. USA Inc., et al.
(S.D. Cal.); DR Systems, Inc. v. Eastman Kodak Company (S.D. Cal.). Represented leading imaging company in two separate patent infringement suits regarding picture archiving and communications systems (PACS) for medical images such as MRI and CT scans.
Sun Microsystems v. Azul
(N.D. Cal.). Represented Sun in connection with patent, trade secret, contract and interference claims brought against former employees concerning JAVA-based software and hardware for parallel chip computing. Obtained successful settlement.
Board of Regents of the University of Texas v. Eastman Kodak Company
(W.D. Tex.). Successfully defended provider of dental image management software against claims of patent infringement.
In re Columbia University Patent Litigation
(MDL, D. Mass., N.D. Cal.). Represented major biotechnology company in high-profile, multi-district litigation regarding validity of basic DNA technology patent for co-transformation of cells. The litigation was resolved favorably when the patent holder entered into a covenant not to sue and terminated its infringement claims.
Tegic v. Zi Corporation
(N.D. Cal.). Represented Tegic in trial including claims of infringement of multiple patents for cell phone text input. Successfully handled post-trial briefing sustaining a jury award of over $8,000,000 in Tegic’s favor.
Hoffer v. Microsoft Corp., et al. (N.D. Cal., Fed. Cir.); Hoffer v. International Business Machines Corp. (S.D. Cal., N.D. Cal., and 9th Cir.).
Defended a leading computer company in patent litigation concerning internet databases. Obtained summary judgment of non-infringement, affirmed in Hoffer v. Microsoft Corp., International Business Machines Corp. and Ariba, Inc., 405 F. 3d. 1326 (Fed Cir 2005). Successfully obtained dismissal of claims in a related trade secret and business torts case also affirmed on appeal.