Advanced Steel Recovery, LLC (“ASR”)
– Successfully moved to dismiss, without leave to amend, a number of the defendants’ business tort and related counterclaims asserted in response to ASR’s patent infringement claim. 

– Sued the defendants for patent infringement alleging that certain technology to load scrap or other materials into sea containers infringed ASR’s patent. Defendants moved to dismiss ASR’s first amended complaint and/or moved for summary judgment, arguing that the asserted patent claims were not supported by a prior parent patent application, and that they were invalid because the accused product pre-dated the effective filing date of the application for ASR’s asserted patent. The Court ruled in ASR’s favor, finding that ASR has sufficiently pled a claim for patent infringement, that genuine disputes of material fact existed to preclude summary judgment, and that sanctions were unwarranted. 

  

Hitel Technologies, LLC v. Ewing Irrigation Products
Patent infringement lawsuit in Western District of Texas filed against firm client, Ewing Irrigation Products.  Motion to Transfer Venue was filed and prior to any opposition, Plaintiff agreed to dismiss case. 

  

Frontier Aerospace Corp.
Successfully moved to dismiss a trademark infringement case brought in the District of Colorado for lack of personal jurisdiction, including based on the unreasonableness of haling Frontier Aerospace, a California entity, into court in Colorado. 

  

Amini Innovation Corp. v. McFerran Home Furnishings, Inc. et al.
Successfully opposed Defendants’ motion for summary judgment in product design trade dress case, 

  

EDCO Plastics, Inc. v. Allynce, Inc. et al.
– The court awarded co-defendant client the full amount of its attorneys’ fees and costs after successful dismissal of all claims for lack of subject matter jurisdiction; court also stated counsel’s hourly rates were reasonable. 

– Claim against client for fraud in connection with sales of patent and other assets dismissed for lack of subject matter jurisdiction; breach of contract claim against client previously dismissed for failure to state a claim. 

  

Surefire, Inc. v. Casual Home Worldwide, Inc. et al
Represented Defendants in a patent infringement case involving a U.S. distributor and Chinese manufacturer as defendants, court quashed service on Chinese manufacturer for failure to serve authorized representative of Chinese manufacturer with summons and complaint. 

  

Prototype Productions, Inc. v. Reset, Inc.
Representing Reset where Magistrate Judge found personal jurisdiction lacking and recommended that the court transfer the case to the Central District of California where Reset is located; District Judge overruled Plaintiff’s objections to Magistrate Judge’s recommendations and ordered the transfer. 

  

SDS Korea Co., Ltd. v. SDS USA, Inc. et al.
Represented Defendants in case including patent and trademark infringement claims, court granted Defendants’ motion to dismiss for lack of personal jurisdiction and improper venue and denied Plaintiff’s request for jurisdictional discovery. 

  

Girafa.com, Inc. v. IAC Search & Media, Inc. et al.
Represented Snap Technologies with court granted summary judgment in favor of Snap as to numerous asserted patent claims. 

  

Girafa.com, Inc. v. Amazon.com, Inc. et al.
Represented Snap Technologies in computer software patent case, court denied Plaintiff’s motion for preliminary injunction. 

  

Alan Lee Distributors, Inc. dba ADI Pet, Inc. and Christopher Weinberg v. Van Brown
Represented ADI Pet – The Federal Circuit Court of Appeals affirmed the district court’s grant of summary judgment in favor of ADI, finding that the asserted claims of the patent-in-suit covering meat-filled rawhide chew toys for dogs were invalid for obviousness. 

  

Amini Innovation Corp. v. Anthony California, Inc. et al.
Federal Circuit reversed the district court’s grant of summary judgment of non-infringement of six copyrights and a design patent because the district court erred in applying the extrinsic and intrinsic tests for substantial similarity in copyright infringement, and in conducting an element-by-element test for design patent infringement.  Later in 2006, Mark was part of the trial team that won and collected on a jury verdict of willful infringement on the design patent and several copyrights. 

  

Wolf Designs, Inc. v. Donald McEvoy Ltd., Inc.
– Representing plaintiff, a motion for reconsideration of the denial of a motion to transfer venue pursuant to 28 U.S.C.S. § 1404(a) was denied based on Defendants’ failure to show that the cases could have been brought in the transferee forum. 

– Representing plaintiff, motion to transfer venue denied where competitors who sought transfer of lawsuits alleging trade dress and patent infringement failed to prove that, absent their consent, they would have been subject to personal jurisdiction in Georgia when patent holder filed instant suits in Texas. 

– Representing plaintiff, successfully moved to stay its own patent infringement action in the Northern District of Texas pending resolution of a California action because the issues in the cases were substantially similar, the witnesses overlapped, and the California action was the first-filed action.