Represented plaintiff PACid Technologies in patent infringement litigation against Bank of America relating to biometric user authentication and secure network communications.  The matter settled favorably for a confidential sum.  

Representing Phelan in enforcement of its patents relating to driver safety technology.  Attained early, favorable settlements in actions against accused automakers.

Representing TOT Power Control in its patent infringement litigation against AT&T, T-Mobile, Nokia, and Ericsson involving wireless communication power control technology.

Secured non-institution of four petitions for inter partes review filed against patents on 3D image-based rendering for real estate. The PTAB found the petitioner had not established “a reasonable likelihood of prevailing in demonstrating the unpatentability of any challenged claim” of the four patents because it failed (1) to explain sufficiently how the asserted prior art would be combined and (2) to provide sufficient “articulated reasoning with rational underpinning as to why one of ordinary skill in the art would have combined the teachings” of the references. 

Representing Preservation Technologies in enforcement of patents developed by the University of Southern California relating to architecture and techniques for indexing, accessing, distributing, and surveying multimedia data.  Attained favorable settlements in prior actions against multiple accused infringers, including Netflix, DISH, Facebook, Sony, and Hulu, after securing favorable discovery and pleading-stage rulings.

Trial counsel for KlausTech in action alleging Google’s infringement of a patent claiming a process for Internet advertising on websites and mobile applications.  Case settled favorably after DiNovo Price defeated two motions to dismiss and an invalidity challenge during claims construction. Also represented KlausTech on appeal of prior patent infringement action against Google.

Trial counsel for Surefield in a jury trial alleging Redfin’s infringement of patents related to 3D virtual tour technology, after successfully defeating related inter partes review petitions.

Represented Human Differential Intelligence in enforcement of patents relating to CAPTCHAs; cases settled favorably after DiNovo Price obtained claims construction order in its favor and defeated multiple motions to dismiss.

Trial and appellate counsel for Papst enforcing patents related to high data rate, device-independent information transfer against multiple cell phone manufacturers. Trial court denied motion to transfer venue and appeal court denied mandamus. DiNovo Price navigated the filing of twenty-three (23) IPRs of data transfer technology patents by nine (9) accused infringers, securing non-institution of many petitions and resulting in survival of patentable claims asserted in litigation. Obtained a $5.9 million jury verdict against Samsung and settled favorably while appeal pending.

Represented Papst in enforcement of patents related to generating and verifying tests for memory devices. Obtained dismissal of declaratory judgment action brought by accused infringer and represented patent owner in appeals of dismissal and patentability pursuant to 35 U.S.C. § 101.  

Represented Thomas C. Sisoian in an action for misappropriation of trade secrets relating to adaptive object-model software by former employee.  Attained a favorable settlement after defeating IBM’s summary judgment motion.

Represented Digital Reg in action alleging infringement of patents related to digital rights management, including a jury trial and subsequent appeal against Adobe.  Attained multiple favorable settlements.   

Represented Software Rights Archive in enforcement of patents relating to internet search technology and algorithms resulting in multiple favorable settlements; PTAB issued favorable final written decision in inter partes review proceeding affirming validity of infringed claims that was overturned on appeal in a 2-1 decision.

Trial and appellate counsel for Infinity Computer Products in litigations enforcing patents related to methods for transferring print and scan data between a fax machine and computer; attained favorable settlement.
 

Represented plaintiff class of dental practices and laboratories against the three largest dental supply and equipment distributors in the United States, alleging the distributors fixed price margins, pressured manufacturers to boycott competitors, and agreed not to poach each other’s employees. District court approved cash settlement of $80 million on behalf of class members.

Prior to joining the firm, Nicki served as part of a team that defended one of world’s largest chemical companies in a patent infringement case relating to genetically engineered enzymes used to make fuel ethanol.  The trial court invalidated the patent for lack of written description.  Ruling upheld on appeal.

Prior to joining the firm, Nicki served as part of the trial team that represented a large research university and its exclusive licensee in a patent infringement suit against a Fortune 50 computerized search company.  Case settled favorably after jury selection.   

Prior to joining the firm, Nicki co-authored the winning baseball-style arbitration brief on behalf of a global biotechnology tools company in a $100 million AAA arbitration over earnout provisions in a merger agreement and attained a complete defense award.  

Prior to joining the firm, Nicki co-led representation of an international oilfield services company in connection with a former employee’s theft of trade secrets; attained a temporary restraining order, favorable settlement, and assignment of patent rights.

Prior to joining the firm, Nicki assisted in a successful trial of an International Trade Commission investigation on behalf of Fortune 50 company; ALJ ultimately found a Section 337 violation.

Represented plaintiff hardware company in a patent litigation relating to Bluetooth communications against numerous integrated circuit manufacturers. The matter settled favorably for confidential sums.

Represented plaintiff hardware company in patent and antitrust litigation relating to Bluetooth communications against 45 hardware manufacturers and a standards setting organization. The matter settled favorably for confidential sums.

Represented technology company in enforcing patents relating to cellular tower selection by mobile phones.

Represent patent owner in patent litigation relating to video-based monitoring systems against several manufacturers and providers of home security systems.

Represented web analytics provider as plaintiff in trade secret litigation relating to internet advertising analytics against a large competitor. The matter settled favorably for a confidential sum.

Represented plaintiff hardware and software company in patent litigation relating to image capture, storage, and transmission against numerous manufacturers of camera phones. The matter settled favorably for confidential sums.

Represented pioneering interactive television service provider in patent litigation against leading service providers.

Represented plaintiff in putative indirect purchaser class action on behalf of vehicle purchasers against Audi, BMW, Mercedes-Benz, Porsche, Volkswagen and related entities, alleging that these German vehicle manufacturers coordinated on costs, prices, suppliers, technical development, and other competitive aspects in violation of both federal and state antitrust laws and consumer protection statutes.

Represented startup company in enforcing software trade secrets against larger rival.

Represented plaintiff software company in patent litigation relating to call center software against several providers of call center services and manufacturers of call center systems.

Represent plaintiff software company in patent litigation relating to data encryption against several manufacturers of hardware security modules.

Handled highly-successful enforcement effort regarding portfolio of microprocessor and power control patents.

Represented computer networking client in series of infringement cases implicating multiple patent families relating to switching and routing technology and protocols.

Prior to joining the firm, partner Christopher Goodpastor represented providers of refurbished microchip manufacturing tools as plaintiffs in antitrust litigation against a large tool manufacturer. The matter settled favorably for a confidential sum.

Represented patent owner in case involving allegations of patent infringement regarding data encryption, breach of contract, fraud, and negligent misrepresentation.

Prior to joining the firm, partner Christopher Goodpastor represented a competitive telephone provider as plaintiff in antitrust litigation against a large Regional Bell Operating Company. The matter settled favorably for a confidential sum.

Navigated the filing of twenty (20) IPRs of camera phone technology patents by seven (7) accused infringers and a non-practicing entity, securing non-institution of several petitions and resulting in survival of patentable claims asserted in litigation.

Navigated the filing of twenty-three (23) IPRs of data transfer technology patents by nine (9) accused infringers, securing non-institution of many petitions and resulting in survival of patentable claims asserted in litigation.

Navigated the filing of eleven (11) IPRs of wireless technology patents by three (3) accused infringers, resulting in survival of patentable claims asserted in litigation. No IPR invalidated all of its challenged claims.